Fla. Admin. Code R. 5K-4.033 – Limited Poultry and Egg Farm Operation

(1) Purpose.
This rule establishes the regulatory parameters for a farm based Food Establishment, limited to the provision of whole shell eggs and dressed poultry products only.
(2) Definitions.
1. (a) “Limited Poultry Farm Operation” means a farm-based Food Establishment which directly produces and offers processed poultry for sale. A Limited Poultry Farm Operation meets the definition of a “processor” as defined in section 583.01(20), Fla. Stat.
2. (b) “Limited Egg Farm Operation” means a farm-based Food Establishment which directly produces and offers whole shell eggs for sale. A Limited Egg Farm Operation meets the definition of an “egg producer” as defined in section 583.01(7), Fla. Stat.
3. (c) “Farm” means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products.
4. (d) “Poultry” as defined in section 583.01(19), Fla. Stat.
(3) Limited Poultry Farm Operation – Requirements.
1. (a) For purposes of this rule, when the criteria for a Producer/Grower – 20,000 Limit Exemption as identified in the USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act (revision date April 1, 2006), as adopted herein, are met as determined by the USDA Food Safety Inspection Service (FSIS), a processor that processes, as defined in 9 C.F.R. 381.1, no more than 20,000 poultry in a calendar year, grown on his or her own farm in the State of Florida, and that does not sell, offer for sale, or hold for the purpose of sale in this state more than 384 dressed poultry in any one week, making the processor a “dealer” as provided in s. 583.01(4), F.S., shall be permitted as a limited poultry farm operation pursuant to 5K-4.020(1)(n), F.A.C. Qualification for this exemption, as identified in the above guidance document, must be met in accordance with the Poultry and Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection 464(c)(1)(C) & (c)(3) and Title 9, Code of Federal Regulations, Chapter 3, subsection 381.10(a)(5) and (b)(1) and (2) as administered by the USDA Food Safety Inspection Service and as adopted by reference herein.
2. (b) Limited poultry farm operations will be subject to an initial inspection pursuant to Rule 5K-4.020, F.A.C., and may be inspected on a complaint basis thereafter.
3. (c) The grounds and facilities of a limited poultry farm operation must comply with the applicable sanitation requirements of the Poultry and Poultry Product Inspection Act and Title 9, Code of Federal Regulations, Chapter 3, subsection 416.2 as adopted by reference herein, to prevent conditions that could lead to insanitary conditions, or adulteration of products.
4. (d) An application or renewal application to permit a limited poultry farm operation pursuant to Rule 5K-4.020, F.A.C., must be accompanied by documentation demonstrating the limited poultry farm operation has an approved water supply and sewage disposal in accordance with the Poultry and Poultry Product Inspection Act and Title 9, Code of Federal Regulations, Chapter 3, subsection 416.2(f) and (g)(1) - (6) as adopted by reference herein.
5. (e) A limited poultry farm operation shall only sell poultry within the state of Florida as provided in 9 CFR 381.10(5) and the USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act (revision date April 1, 2006), as adopted by reference herein.
6. (f) Processed poultry distributed by a limited poultry farm operation must bear a label with the name, and address of the limited poultry farm operation where it was produced.
7. (g) A processor who processes more than 20,000 poultry in a calendar year or a processor that sells, offers for sale, or holds for purposes of sale in excess of 384 dressed poultry in one week, making the processor a “dealer” as provided in s. 583.01(4), F.S., shall be permitted in accordance with Section 583.09, F.S. and Rule 5K-4.020, F.A.C., as required by s. 500.12, F.S., and will not be eligible for a food permit as a limited poultry farm operation.
(4) Limited Egg Farm Operation – Requirements.
1. (a) For purposes of this rule and in compliance with the Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7, Code of Federal Regulations, Part 57, administered by the USDA Food Safety and Inspection Service, and as adopted by reference herein, an egg producer that maintains a flock of 3,000 hens or fewer on his or her own farm in the State of Florida, for the purpose of producing shell eggs for human consumption, and that does not sell, offer for sale, or hold for the purpose of sale in this state 30 dozen or more eggs in any one week, making the egg producer a “dealer” as provided in s. 583.01(4), F.S., shall be permitted as a limited egg farm operation pursuant to 5K-4.020, F.A.C.
2. (b) Limited egg farm operations will be subject to an initial inspection pursuant to Rule 5K-4.020, F.A.C., and may be inspected on a complaint basis thereafter.
3. (c) An application or renewal application to permit a limited egg farm operation pursuant to Rule 5K-4.020, F.A.C., must be accompanied by documentation demonstrating the limited poultry farm operation has an approved water supply and sewage disposal in accordance with the Egg Products Inspection Act and Title 9 Code of Federal Regulations, Part 416.2 as adopted by reference herein.
4. (d) The grounds and facilities of a limited egg farm operation must comply with the Egg Products Inspection Act and Title 9, Code of Federal Regulations, Chapter 3, subsection 416.2, as adopted by reference herein, to prevent conditions that could lead to insanitary conditions or adulteration of products.
5. (e) Shell eggs distributed from a limited egg farm operation must be packaged in clean, un-used cartons and must be labeled with the name and address of the farm.
6. (f) A limited egg farm operation shall not further process whole shell eggs.
7. (g) An egg producer with flocks of more than 3,000 hens or that sells, offers for sale, or holds for purposes of sale 30 dozen or more eggs in any one week, making the egg producer a “dealer” as provided in s. 583.01(4), F.S., shall be permitted in accordance with Section 583.09, F.S. and Rule 5K-4.020, F.A.C., as required by s. 500.12, F.S., and will not be eligible for a food permit as a limited egg farm operation.
(5) Materials adopted by reference. All documents and materials referenced in this rule are hereby adopted and incorporated by reference and are available as follows:
1. (a) The Poultry and Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection 464(c)(1)(C) & (c)(3) revision date January 3, 2024, is accessible through the internet at: HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18111"http://flrules.org/Gateway/reference.asp?No=Ref-18111.
2. (b) The USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act; revision date April 1, 2006, is available through the internet at: HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03707" http://www.flrules.org/Gateway/reference.asp?No=Ref-03707.
3. (c) Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7 Code of Federal Regulations, Part 57, revision date January 1, 2024, is available through the internet at: HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18112"http://flrules.org/Gateway/reference.asp?No=Ref-18112.
4. (d) Title 9, Code of Federal Regulations, Chapter 3, section 381.10, revision date January 1, 2024 available at: HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18113"http://flrules.org/Gateway/reference.asp?No=Ref-18113.
5. (e) Title 9, Code of Federal Regulations, Part 416, revision date January 1, 2025 available at: HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18489"http://flrules.org/Gateway/reference.asp?No=Ref-18489.

Rulemaking Authority 500.09(3), (4), (8), 500.12(1)(a), (b), 570.07(23), 583.04 FS. Law Implemented 500.09, 500.12, 583.09 FS. History‒New 3-24-14, Amended 3-16-20, 11-11-25.