(1) PERMITS.

(a) Each Grade “A” milk plant, whether located in the state or outside the state, and each manufacturing milk plant, milk producer, milk hauler, milk hauling service, washing station operator, milk plant operator, milk distributor, single-service-container manufacturer, receiving station, and transfer station in the state shall apply to the department for a permit to operate. The application shall be on forms developed by the department.

Terms Used In Florida Statutes 502.053

  • Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 620.8703
  • Frozen dessert: means a specific standardized frozen dessert described in 21 C. See Florida Statutes 620.8703
  • Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, water buffalo, or other hooved mammals. See Florida Statutes 620.8703
  • Milk distributor: means any person who offers for sale or sells to another person any milk or milk product. See Florida Statutes 620.8703
  • Milk hauler: means any person who transports raw milk or raw milk products to or from a milk plant, receiving station, or transfer station. See Florida Statutes 620.8703
  • Milk plant: means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, or prepared for distribution. See Florida Statutes 620.8703
  • Milk plant operator: means any person responsible for receiving, processing, pasteurizing, or packaging milk and milk products, or performing any other related operation. See Florida Statutes 620.8703
  • Milk producer: means any person who operates a dairy farm and provides, sells, or offers for sale milk to a milk plant, receiving station, or transfer station. See Florida Statutes 620.8703
  • Milk products: means products made with milk that is processed in some manner, including being whipped, acidified, cultured, concentrated, lactose-reduced, or sodium-reduced or aseptically processed, or having the addition or subtraction of milkfat, the addition of safe and suitable microbial organisms, or the addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. See Florida Statutes 620.8703
  • Raw milk: means unprocessed milk. See Florida Statutes 620.8703
  • Receiving station: means any place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting. See Florida Statutes 620.8703
  • Transfer station: means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another. See Florida Statutes 620.8703
  • Washing station: means any place, premises, or establishment where milk tank trucks are cleaned and sanitized. See Florida Statutes 620.8703
(b) Each frozen dessert plant, whether located in the state or outside the state, that manufactures frozen desserts or other products defined in this chapter and offers these products for sale in this state must apply to the department for a permit to operate. The application must be submitted on forms prescribed by the department. All frozen dessert permits expire on June 30 of each year.
(c) Permits are nontransferable between persons or locations and are subject to suspension or revocation as provided in this chapter.
(2) FEES.The initial application for a frozen dessert plant permit must be accompanied by a permit fee of $200. The annual permit renewal fee is $100.
(3) REQUIREMENTS.

(a) To obtain a permit, an applicant must satisfy all requirements that are defined by the department in rule and must agree to comply with the applicable provisions of this chapter and rules adopted under this chapter. The department shall mail a copy of the permit to the applicant to signify that administrative requirements have been met.
(b) All permitholders must maintain records of transactions concerning the procurement, production, and processing of milk and milk products as required in the Grade “A” pasteurized milk ordinance and grant department inspectors access to such records during all reasonable hours.
(c) In addition to the testing required in the Grade “A” pasteurized milk ordinance and its appendices, each milk plant operator in the state shall be responsible for routine testing and inspection of raw milk shipped from outside the state prior to processing and shall notify the department when such testing and inspection indicate a violation of the standards contained in the Grade “A” pasteurized milk ordinance.
(d) Each frozen dessert plant permitholder must report monthly, quarterly, semiannually, or annually, as required by the department, the number of gallons of frozen dessert or frozen dessert mix sold or manufactured by the permitholder in this state.
(4) EXEMPTIONS.

(a) The following persons shall be exempt from milk hauler permit requirements:

1. Milk producers who transport milk or milk products only from their own dairy farms.
2. Employees of a milk distributor or milk plant operator who possesses a valid permit.
3. Drivers of bulk milk tank trucks between locations who do not collect milk from farms.
(b) Grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold, but not processed, may be exempted from permit requirements.
(c) Frozen desserts retail establishments as defined in s. 502.012 are exempt from this chapter.
(5) TEMPORARY PERMITS.

(a) The department may issue a temporary permit for a period not exceeding 90 days to milk producers who have submitted an application to the department and passed a preliminary inspection as required in the Grade “A” pasteurized milk ordinance.
(b) During this 90-day period, the department shall act expeditiously to determine compliance with all relevant laws and, upon finding compliance, shall issue a permit pursuant to subsection (1).