Florida Administrative Code 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Overview of FAC Chapter 5 – Department of Agriculture and Consumer Services
The Florida Administrative Code (FAC) is the official compilation of administrative rules adopted by Florida state agencies. These rules provide specific procedures, standards, and enforcement guidelines to implement Florida law.
Chapter 5 of the FAC is dedicated to the Department of Agriculture and Consumer Services (FDACS). This department’s mission is broad, including:
Protecting agriculture, food safety, and natural resources
Regulating consumer services and business practices
Promoting agricultural commerce
Ensuring pest and disease control in crops and animals
Overseeing licensing and inspection programs for related industries
Chapter 5 of the FAC contains all administrative rules that FDACS uses to carry out its statutory authority and regulate agricultural and consumer-related activities in Florida.
Main Areas Covered by FAC Chapter 5
Chapter 5 covers a wide variety of programs and regulatory areas. Key topics include:
1. Agricultural Programs
Plant and crop regulation: Rules for plant inspections, certification, and disease control.
Animal health programs: Livestock inspection, disease prevention, and quarantine procedures.
Pesticide and fertilizer regulation: Licensing for commercial pesticide applicators, labeling standards, and safe handling procedures.
2. Consumer Services
Weights and measures: Rules ensuring accuracy in scales, fuel pumps, and commercial measuring devices.
Licensing for service providers: Certification and oversight of industries regulated by FDACS, like nurseries, dealers, and food handlers.
Consumer protection: Rules governing unfair or deceptive business practices related to agricultural products.
3. Food Safety and Inspection
Meat, dairy, and produce inspection: Standards for food processing, handling, and storage.
Compliance and enforcement: Procedures for inspections, reporting violations, and corrective actions.
Certification programs: Licensing for food establishments, distributors, and handlers.
4. Forestry and Natural Resources
Forest management programs: Rules for timber harvesting, conservation practices, and fire prevention.
Nursery and tree regulations: Licensing for nurseries and inspection of plants.
Pest control: Procedures for controlling invasive species and agricultural pests.
5. Licensing and Certification
Individual licensing: Licensing for pesticide applicators, food handlers, nurseries, and other regulated occupations.
Facility licensing: Certification for processing plants, storage facilities, and commercial farms.
Renewal and compliance: Rules for inspections, continuing education, and enforcement actions like fines or suspensions.
6. Administrative Procedures
Inspections and audits: Procedures for conducting inspections and audits of businesses.
Violations and penalties: Steps for enforcement when regulations are violated.
Appeals: Rules governing how licensees can appeal enforcement actions or penalties.
Structure of FAC Chapter 5
Chapter 5 is organized hierarchically for clarity and legal enforceability:
Divisions – Broad functional areas (e.g., Agricultural Programs, Consumer Services, Food Safety).
Sections – Specific regulatory topics within each division.
Subsections/Paragraphs – Detailed rules, requirements, procedures, or penalties.
Example Structure:
Division 1 – Plant Industry
Section 1 – Nursery Licensing
Section 2 – Plant Disease Control
Division 2 – Animal Industry
Section 1 – Livestock Health
Section 2 – Quarantine Procedures
Division 3 – Consumer Services
Section 1 – Weights and Measures
Section 2 – Licensing and Inspections
Purpose and Importance of FAC Chapter 5
Legal compliance: Businesses, farmers, and service providers must follow these rules to operate legally in Florida.
Public safety: Ensures safe food handling, proper use of pesticides, and disease prevention in plants and animals.
Consumer protection: Prevents unfair practices, ensures accurate measurements, and promotes transparency.
Environmental protection: Regulates the safe use of pesticides, fertilizers, and forest management.
Accountability: Provides clear standards for inspections, licensing, and enforcement, helping businesses meet state requirements.
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