Chapter 500 of the Florida Statutes, or FS, sets the law for vending food in the state of Florida with the express purpose of promoting public welfare by protecting the public from injury from the improper representation or preparation of food products. All mobile food vendors in the state must receive a license to vend food in the state of Florida, or they will suffer civil and criminal penalties, according to the Florida Division of Food Safety. In addition, food vendors must meet continuing standards of food safety in order to legally operate their business.
Safety
Chapter 500 FS authorizes the Florida Division of Food Safety to set guidelines regarding the specific safety requirements for mobile food vendors. Vendors cannot mislabel, adulterate or misrepresent food products, per Section 500.04 FS. In addition, they cannot sell out-of-date or rotten foods and must protect food from extremities such as weather and pests if they operate their unit in an open-air environment. Vendors and their employees must use single-use gloves to handle and prepare food, and they cannot prepare homemade food items. Mobile food vendors must only sell and prepare products produced by sources approved by the state.
Facilities
Mobile food vendors do not have to have restrooms on premises, according to the Florida Department of Agriculture and Consumer Services. They must have plumbing if preparing foods and must use potable water if providing drinks to customers. Vendors must use liquid waste holding tanks to contain their waste products, with a capacity 15 percent or greater than their potable water tanks. If a mobile food seller provides drinks or refrigerated products to consumers, he must keep these products at a constant temperature of 41 degrees Fahrenheit using refrigerators on premises.
Inspections
Under the authority of Section 500.033 of the FS, the Florida Food Safety and Food Defense Advisory Council will conduct an initial inspection of a mobile food vendor's premises before issuing a license. A representative of the Council or the Department of Agriculture and Consumer Services can conduct regular ongoing inspections of any facilities that sell food products per Sections 500.305 and 500.147 FS. The state can also take samples of food products from a mobile food vendor for analysis to ensure the safety of food products.
Warning
Any mobile food vendor who violates food safety standards set by Florida law will receive a first degree misdemeanor according to Section 50.306 FS. A representative of the Florida Department of Agriculture and Consumer Services can seize any food products unfit for human consumption at any time without warning in addition to setting criminal penalties per Section 500.174 FS. The same entity can revoke the license of any mobile food vendor that does not comply completely with state food safety law. An inspector with the Florida Division of Food Safety can seize any mobile vending unit that grossly violates building codes or safety standards.
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