Section 5K-4.0041 - Mobile Food Establishments and Commissaries(1) Mobile Food Establishments. (b) Each Mobile Food Establishment not operating in conjunction with a permitted Food Establishment will require its own permit and is subject to all applicable fees. A permitted Food Establishment may operate one Mobile Food Establishment without paying an additional permit fee. Any additional Mobile Food Establishments will require a separate permit and are subject to all applicable fees.(c) Mobile Food Establishments shall not operate independent of a Commissary approved by the Department unless otherwise specified in this rule chapter. Each Mobile Food Establishment shall submit to the Department a completed Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11771. 1. Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18), shall be executed on an annual basis.2. The Mobile Food Establishment shall make this agreement available to the Department upon request.(d) Each Mobile Food Establishment shall report to a Commissary each day of operation, to store or replenish supplies, clean utensils, and equipment, or dispose of liquid and solid waste, with the exception of Mobile Food Establishments that sell only prepackaged foods and have all necessary support equipment located in the unit. The Mobile Food Establishment shall have more than one approved Commissary for each time it operates in a location where it cannot visit its primary Commissary once a day during operation. A Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) is required for each additional Commissary used by the Mobile Food Establishment. The Mobile Food Establishment shall have more than one approved Commissary for each time it operates in a location where it cannot visit its primary Commissary once a day during operation. A Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) is required for each additional Commissary used by the Mobile Food Establishment.(e) Mobile Food Establishments shall not process or prepare exposed potentially hazardous foods (PHFs) within the mobile food establishment without first obtaining a food permit. Processing/preparing food includes combining food ingredients, heating/cooking food, cutting/slicing of food, and repackaging of bulk foods or similar operations.(f) Exemptions. Mobile Food Establishments selling only fresh fruits or vegetables are exempted from this rule chapter.(2) Commissaries. A Commissary must be permitted as a Food Establishment under Chapter 500, F.S., a Public Food Service Establishment licensed under Chapter 509, F.S., or a Food Service Establishment licensed under Chapter 381, F.S.Fla. Admin. Code Ann. R. 5K-4.0041
Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 500.09, 500.12 FS.
Adopted by Florida Register Volume 46, Number 043, March 3, 2020 effective 3/16/2020.