Agenda 06/09/2015 Item #16D15 Proposed Agenda Changes
Board of County Commissioners Meeting
June 9,2015
Continue Item 11E to the June 23,2015 BCC Meeting: Recommendation to adopt a resolution
establishing the Ave Maria Innovation Zone to attract and retain qualified targeted industry businesses in the
defined unincorporated area of Collier County. (Commissioner Taylor's request)
Move Item 16Al2 to Item 11H: Recommendation to hear Land Development Code Amendments 5.05.05
Automobile Service Stations and 2.03.09 Open Space Zoning Districts at two regularly scheduled daytime
hearings and waive the night hearing requirement.LDC Amendment 5.05.05 Automobile Service Stations
proposes to add a conditional use to several zoning districts. (Commissioner Taylor's request)
Move Item 16A18 to Item 11I: Recommendation to quitclaim Collier County's interests in a 30 foot strip of
land to Jeff Dami,Calixto Montenegro and World Strategic Alliances,LLC,that was originally deeded to
Collier County for road right-of-way by a predecessor in title. (Fiscal Impact: $0) (Commissioner Taylor's
request)
Add On Item 16F3: Recommendation to suspend contracts with BQ Concrete LLC.,pending completion
of the County Manager's internal review of this contractor and subsequent presentation of a report to the
Board. (Staff's request)
Note:
Item 16A11: Recommendation to approve a Resolution establishing the Growth Management Oversight
Committee as provided for during the May 26,2015 Board of County Commissioners public hearing.
Staff proposes the following clarification to Section Two,Subparagraph B of the Resolution:
B.The Committee shall be comprised of seven(7)members,with one(1)member appointed from each of the
four(4)sub-areas and three(3)members at large. Sub-area members must be either residents of,own
property in,or have a business interest within the geographic areas of study. At large members can reside
anywhere in Collier County without the requirement for residency in the sub-areas or the property or
business ownership requirements outlined above.All members shall serve at the pleasure of the Board. The
County Manager shall select a staff liaison to attend the Committee meetings and assist the
Committee.(Staff's request)
Item 16D15: Recommendation to approve Standard Facility Use
Agreements for Community Markets, authorize the County
Manager or his designee to execute the Short-Term Use
Agreements; and direct staff to bring any Long Term Use
Agreements back to the Board for approval and signature.
Staff proposes the following addition to both the Community
Market Long-Term and the Community Market Short-Term
Facility Use Agreements:
A. Duties and Responsibilities of the Community Market
Manager:
11) Verify that all vendors distributing food or beverage,
whether by sale or donation, have the appropriate food licenses
and permits as required under all applicable laws and comply
specifically with Florida Department of Agriculture and
Consumer Services requirements for food safety. (Staff's
request)
6/9/2015 16.D.15.
EXECUTIVE SUMMARY
Recommendation to approve Standard Facility Use Agreements for Community Markets, authorize
the County Manager or his designee to execute the Short-Term Use Agreements; and direct staff to
bring any Long Term Use Agreements back to the Board for approval and signature.
OBJECTIVE: To provide standard Facility Use Agreements for Community Markets in compliance
with the Board direction on April 22, 2015.
CONSIDERATIONS: On February 10, 2105, the Board voted to allow the weekly "Farmer's Market"
presently being held at the Golden Gate Community Center to continue and to henceforth refer to this
event as a "Community Market" (Agenda Item 11D). Parks and Recreation Staff was directed to bring
back for further discussion a policy governing how Community Markets are to be managed with the intent
of allowing them to be held on an on-going basis, subject to appropriate controls and limits.
On April 22, 2015, the Board directed staff to develop short-term and long-term facility use agreements
for Community Markets on County property (Agenda Item 11A). The Board directed staff to work with
the County Attorney's Office to bring back standard agreements for both short-term and long-term uses
that will memorialize the Board's direction and be compliant with County, State,and Federal codes.
For the purposes of these agreements, "short-term" is defined as an agreement whose term is not more
than 31 consecutive days; "long-term" is defined as an agreement whose term is more than 31 days.
Long-term agreements will not be entered into for a term greater than 12 months. The number of
occurrences of the community market within the term of the agreement will be mutually agreed upon by
the parties and specified in the agreement.
Staff seeks Board authorization for the County Manager or his designee to sign the Short-Term Facility
Use Agreements; the Long-Term Facility Use Agreements will be presented to the Board for approval
and signature. In addition to the difference in the term length, the County shall publicly advertise the
intended use for long-term agreements to provide interested parties the opportunity to submit a competing
proposal or objection to the intended use.
The Parks and Recreation Fee Policy was updated in June 2014 to reflect a fee for open space rentals at
the Golden Gate Community Center as part of the ongoing effort to better establish appropriate protocols
for Community Markets. However, two of the four user categories for the Golden Gate Community
Center were omitted in error. Staff has prepared a Resolution updating the Fee Policy to include these
two categories that is presented as a companion item to this one.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: On April 28, 2015, the Board approved an LDC amendment
that would remove the requirement that Community Markets on County property have to obtain a
temporary use permit (Agenda Item 9C). Other than that, there is no growth management plan impact on
this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
RECOMMENDATION: That the Board of County Commissioners approves Standard Facility Use
Agreements for Community Markets (Short-Term and Long Term), authorizes the County Manager or his
designee to execute Short-Term Use Agreements; and directs staff to bring any Long-Term Use
Agreements back to the Board for approval and signature.
Prepared by: Barry Williams,Director of Parks and Recreation Division
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Attachments: 1) Community Market Facility Use Agreement (Long-Term); 2) Community Market
Facility Use Agreement(Short-Term); 3) Attachment A (Certifications for Community Market Vendors);
4) Attachment B (Florida Department of Agriculture and Consumer Services Division of Food Safety
Publication FDACS-P-01765)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to approve Standard Facility Use Agreements for
Community Markets (Short-Term and Long Term) and authorize the County Manager or his
designee to execute the Short-Term Use Agreements;the Long Term Use Agreements will be
presented to the Board for signature.
Meeting Date: 5/26/2015
Prepared By
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
5/14/2015 11:38:51 AM
Approved By
Name: OlsonNancy
Title: Regional Manager-Parks &Recreation, Public Services Department
Date: 5/14/2015 11:55:18 AM
Name: CarnellSteve
Title: Department Head-Public Services, Public Services Department
Date: 5/14/2015 2:55:17 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 5/14/2015 4:33:15 PM
Name: FinnEd
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/15/2015 9:02:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/18/2015 1:42:44 PM
Name: OchsLeo
Title: County Manager, County Managers Office
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Date: 5/18/2015 2:19:16 PM
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Collier County Parks and Recreation
Community Market Facility Use Agreement(Long-Term)
This Community Market Facility Use Agreement(Long-Term), is entered into on
by and between (hereinafter "Community Market Manager") and Collier
County, a political subdivision of the State of Florida.
WHEREAS, the Collier County Board of County Commissioners has publically
advertised the intended use in order to afford interested parties an opportunity to submit a
competing proposal or objection to the Agreement; and
WHEREAS, Collier County has considered all competing proposals and objections and
hereby awards this Agreement to the Community Market Manager named herein.
Market Name
Market Manager
Telephone and cell phone
Mailing Address
Email Address
Market Dates
Market Times
Market Location
Specific location within
park
Number of vendors
(maximum/minimum)
Types of items to be sold
including whether any
items are prohibited.
(Fireworks are always
prohibited.)
Rental rate Negotiated contract rate. Payment due at signature.
[04-PKR-01113/1179491/1]
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6/9/2015 16.D.15.
A. Duties and Responsibilities of the Community Market Manager:
1) Ensure proper management of all traffic in and out of the site for the event.
2) Properly notify all emergency responders in advance of the event.
3) Ensure access to adequate restroom facilities.
4) Ensure compliance with all prevailing sign ordinances governing the event.
5) Required to be on site at the Market during all operating hours.
6) Enforce the rules of the Market and notify required authorities of any violations including
the Code Enforcement Department or law enforcement agencies.
7) Actively recruit new producers/vendors to expand the variety or products for sale.
8) Distribute and explain market policies, procedures, rules and regulations.
9) Collect rental fees from vendors and maintain accurate records of payment. These
documents are public records pursuant to Ch. 119, Florida Statutes, Florida's Public
Records law.
10)Assign vendor spaces.
11)Verify that all vendors distributing food or beverage, whether by sale or donation, have
the appropriate food licenses and permits as required under all applicable laws.
12)Stress to the vendors the importance of high quality, fresh products.
13)Assure the market is operated in a timely and efficient manner and that sales only occur
within the established market hours.
14)Settle or prevent disputes among the vendors as well as disagreements arising between
shoppers and vendors.
15)Have a clear procedure in place for any emergencies that may arise. Call law
enforcement as necessary.
16)Ensure timely wrap-up and clean up of the event site.
[04-PKR-01113/1179491/1]
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6/9/2015 16.D.15.
17)Work with the County's designated representative to resolve any issues that might arise
pertaining to the event.
18) Maintain compliance with all applicable local, State, or Federal laws including the
applicable sections of the Collier County Land Development Code.
19)Obtain and maintain required local, State, or Federal permits at no expense to the County
(see attachments "A" and `B").
20)Timely provide rental payments to the County.
21)The Community Market Manager may not assign this Agreement, or any part hereof,
without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void.
22)Proof of insurance satisfactory to the Collier County Risk Management Department is
required to be provided at the time of signature. Terms of the insurance are pursuant to
requirements set forth in Attachment"C"to this Agreement.
B. Community Market Facility Rental Rules and Regulations:
1) Collier County reserves the right to object to any particular Vendor.
2) Vendors must obtain, display and keep current all applicable federal, state and County
licenses, insurance, and/or permits. All Vendors are required to display business names
at all times.
3) Food booths must have hand wash sinks, employee(s) must have hair tied back and wear
plastic gloves when serving food, according to health code guidelines.
4) Sales tax, when required by the State of Florida, is the responsibility of the Vendor.
5) Vendors shall conduct themselves in a professional manner, respect other vendors and
customers. Unacceptable behavior includes profanity, throwing items, hawking items, or
make inappropriate comments or gestures. Clothing worn by vendors and vendors' staff
shall not contain profanity or obscene images or words.
(04-PKR-01113/1179491/1) `y(
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6) All product labeling shall be truthful and accurate and adhere to the requirements set
forth by the State of Florida. Any claims such as organic, pesticide-free, origin, gluten
free, free range, sugar free, etc. must be substantiated. Any intentional false claims shall
be cause for immediate removal from the Market.
7) Under no circumstance(s) will fireworks of any kind be authorized for sale.
8) The Collier County Parks and Recreation Director or his designee may direct the
Community Event Manager to alter, curtail or eliminate a specific activity determined to
be inappropriate or detrimental to the facility at any time and without prior written notice.
9) This Community Market Facility Use Agreement (Long-Term) shall terminate on
There is no right to renewal.
10)Should the Community Manager wish to renew this Agreement,the Community Manager
must request a renewal at least 30 days from the end date of the Agreement. Renewal is
subject to approval by the Board of County Commissioners at a regularly scheduled
Board meeting.
11)There shall be no discrimination as to race, sex, color, creed or national origin at
Community Market events.
C. No Partnership: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Community Market Manager or to constitute the Community
Market Manager as an agent of the County.
D. Cancel or Postpose a Community Market: Collier County reserves the right to cancel
a Community Market event date at the County's sole discretion and without prior written notice.
Parks and Recreation Division events or other Board approved public events shall take precedent
over a Community Market.
E. Termination of a Community Market Facility Use Agreement: This is an at-will Use
Agreement terminable by either party with or without cause on 10 days written notice to the
[04-P KR-01113/1179491/1)
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other. During the notification period, both parties agree to meet their respective contractual
obligations in good faith. The Agreement may be terminated by the County immediately due to
any material breach of this Agreement, including, but not limited to, failure of the Community
Market Manager abide by the terms and conditions set forth herein. The County shall be sole
judge of non-performance.
F. Indemnification: To the maximum extent permitted by Florida law, the Community
Market Manager shall indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Community Market Manager or anyone employed or
utilized by the Community Market Manager in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
Collier County. Collier County's liability is subject to the limits of sovereign immunity set forth
in Section 768.28, Fla. Stat.
The parties hereto have made and executed this Community Market Facility Use Agreement
(Long-Term).
FOR: COMMUNITY MARKET
By:
Community Market Manager
[04-PKR-01113/1179491/1] l?•``)
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STATE OF FLORIDA )
ss
COUNTY OF )
Before me a notary public, the undersigned authority, personally appeared,
, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he/she executed the
same for the purposes therein contained.
SWORN TO AND SUBSCRIBED before me this day of , 2015.
Notary Public Signature
Notary Public Name -Typed, Printed or Stamped
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA,
By:
• Deputy Clerk Tim Nance
Chairman
Approved as to form and legality:
olleen M. Greene
Assistant County Attorney
[04-PKR-01113/1179491/1] ^•.
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6/9/2015 16.D.15.
{
Collier County Parks and Recreation
Community Market Facility Use Agreement (Short-Term)
This Community Market Facility Use Agreement(Short-Term), is entered into on
by and between , (hereinafter "Community Market Manager") and Collier
County, a political subdivision of the State of Florida.
WHEREAS, the Community Market Manager has presented a proposal to the Collier
County Parks and Recreation Department to provide a Community Market at a County Facility;
and
WHEREAS, the Collier County Parks and Recreation Department hereby awards this
Agreement to the Community Market Manager named herein.
Market Name
Market Manager
Telephone and cell phone
Mailing Address
Email Address
Market Dates
Market Times
Market Location
Specific location within
.ark
Number of vendors
(maximum./minimum)
Types of items to be sold
including whether any
items are prohibited.
(Fireworks are always
prohibited.)
Rental rate Based on current Fee Policy. Payment due at signature.
(04-PKR-01113/1179793/1) s^w
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6/9/2015 16.D.15.
A. Duties and Responsibilities of the Community Market Manager:
1) Ensure proper management of all traffic in and out of the site for the event.
2) Properly notify all emergency responders in advance of the event.
3) Ensure access to adequate restroom facilities.
4) Ensure compliance with all prevailing sign ordinances governing the event.
5) Required to be on site at the Market during all operating hours.
6) Enforce the rules of the Market and notify required authorities of any violations including
the Code Enforcement Department or law enforcement agencies.
7) Actively recruit new producers/vendors to expand the variety or products for sale.
8) Distribute and explain market policies,procedures, rules and regulations.
9) Collect rental fees from vendors and maintain accurate records of payment. These
documents are public records pursuant to Ch. 119, Florida Statutes, Florida's Public
Records law.
10)Assign vendor spaces.
11)Verify that all vendors distributing food or beverage, whether by sale or donation, have
the appropriate food licenses and permits as required under all applicable laws.
12)Stress to the vendors the importance of high quality, fresh products.
13)Assure the market is operated in a timely and efficient manner and that sales only occur
within the established market hours.
14)Settle or prevent disputes among the vendors as well as disagreements arising between
shoppers and vendors.
15)Have a clear procedure in place for any emergencies that may arise. Call law
enforcement as necessary.
16)Ensure timely wrap-up and clean up of the event site.
17)Work with the County's designated representative to resolve any issues that might arise
pertaining to the event.
18) Maintain compliance with all applicable local, State, or Federal laws including the
applicable sections of the Collier County Land Development Code.
19)Obtain and maintain required local, State, or Federal permits at no expense to the County
(see attachments "A" and "B").
20)Timely provide rental payments to the County.
[04-PKR-01113/1179793/1; e_;.—;"N
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21)The Community Market Manager may not assign this Agreement, or any part hereof,
without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void.
22)Proof of insurance satisfactory to the Collier County Risk Management Department is
required to be provided at the time of signature. Terms of the insurance are pursuant to
requirements set forth in Attachment"C"to this Agreement.
B. Community Market Facility Rental Rules and Regulations:
1) Collier County reserves the right to object to any particular Vendor.
2) Vendors must obtain, display and keep current all applicable federal, state and County
licenses, insurance, and/or permits. All Vendors are required to display business names
at all times.
3) Food booths must have hand wash sinks, employee(s) must have hair tied back and wear
plastic gloves when serving food, according to health code guidelines.
4) Sales tax, when required by the State of Florida, is the responsibility of the Vendor.
5) Vendors shall conduct themselves in a professional manner, respect other vendors and
customers. Unacceptable behavior includes profanity, throwing items, hawking items, or
make inappropriate comments or gestures. Clothing worn by vendors and vendors' staff
shall not contain profanity or obscene images or words.
6) All product labeling shall be truthful and accurate and adhere to the requirements set
forth by the State of Florida. Any claims such as organic, pesticide-free, origin, gluten
free, free range, sugar free, etc. must be substantiated. Any intentional false claims shall
be cause for immediate removal from the Market.
7) Under no circumstance(s) will fireworks of any kind be authorized for sale.
8) The Collier County Parks and Recreation Director or his designee may direct the
Community Event Manager to alter, curtail or eliminate a specific activity determined to
be inappropriate or detrimental to the facility at any time and without prior written notice.
9) This Community Market Facility Use Agreement (Short-Term) shall terminate on
10)Should the Community Manager wish to renew this Agreement, the Community Manager
must request a renewal in writing prior to the end of this Agreement. One renewal may
be authorized by the Parks and Recreation Director or his designee for a maximum
of seven (7) additional days.
[04-PKR-01113/1179793/1]
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11)There shall be no discrimination as to race, sex, color, creed or national origin at
Community Market events.
C. No Partnership: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Community Market Manager or to constitute the Community
Market Manager as an agent of the County.
D. Cancel or Postpose a Community Market: Collier County reserves the right to cancel
a Community Market event date at the County's sole discretion and without prior written notice.
Parks and Recreation Division events or other Board approved public events shall take precedent
over a Community Market.
1
E. Termination of a Community Market Facility Use Agreement: This is an at-will Use
Agreement terminable by either party with or without cause on 10 days written notice to the
other. During the notification period, both parties agree to meet their respective contractual
obligations in good faith. The Agreement may be terminated by the County immediately due to
any material breach of this Agreement, including but not limited to failure of the Community
Market Manager to abide by the terms and conditions set forth herein. The County shall be the
sole judge of non-performance.
F. Indemnification: To the maximum extent permitted by Florida law, the Community
Market Manager shall indemnify and hold harmless Collier County, its officers and employees
from any and all Iiabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Community Market Manager or anyone employed or
utilized by the Community Market Manager in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
{04-PKR-01113/1179793!1] { /
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Collier County. Collier County's liability is subject to the limits of sovereign immunity set forth
in Section 768.28, Fla. Stat.
The parties hereto have made and executed this Community Market Facility Use
Agreement (Short-Term).
FOR: COMMUNITY MARKET
By:
Community Market Manager
STATE OF FLORIDA )
) ss
COUNTY OF )
Before me a notary public, the undersigned authority, personally appeared,
known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he/she executed the
same for the purposes therein contained.
SWORN TO AND SUBSCRIBED before me this day of . 2015.
Notary Public Signature
Notary Public Name- Typed, Printed or Stamped
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PARKS AND RECREATION DEPARTMENT
By:
County Manager or Designee
Approved as to form and legality:
}
'
—*Colleen M. Greene
Assistant County Attorney
[04-PKR-01113/1179793/1] ;`• i'
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Farmers Market Vendor Certifications in a nut shell:
No matter what you're selling-if you're selling it,you're in business.
Visit http://www.stateofflorida.com/portal/desktopdefault.aspx?tabid=8 to find out more about collecting state
sales tax,proper licensing and more.
If you're selling Value Added/Processed Food (bread, jelly, prepared meals, chopped greens) you must (1)
have a food permit,(2)prepare the foods in a facility that meets certain state and federal standards and(3)have a
certified Food Protection Manager.
1. Mobil Food Vendors can expect to pay a$275 annual fee for their food permit
2. General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods can be
found at https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035492&type=l&file=5K-4.004.doc
3. Section 500.12 (6) of the Florida Statutes requires the department to adopt rules for the certification of food
protection managers. The rule is chapter 5k-4.021 of the Florida Administrative Code. ALL food
establishments including mobile vendors permitted by the department must have a certified food manager.
If you have questions about the Food Manager Certification Program,please visit
https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035783&type=l&file'5K-4.021.doc AND
http://www.doh.state.fl us/ENVIRONMENT/COMMUNITY/food/foodmanager.htm
State contact who can answer additional questions:
Aggie R. Hale,Environmental Administrator
3125 Conner Boulevard,Suite H,Tallahassee,FL 32399-1650
email: foodinsp@doacs.state.fl.us
Phone: (850)245-5520 I FAX: (850)245-5553
The Division of Food Safety is your best resource on Florida food regulations and licenses. You can visit their
website at http://www.doacs.state.fl.us/fs/
If you're selling plants in dirt (nursery plants); you need a Nursery License. Contact Division of Plant Industry
in Gainesville 352-372-3505. They will send an inspector out to see your plants and fill out an easy form. Entry
level fee is$25. As your nursery stock increases,so does the annual inspection fee.
If you want to label your produce as "Organic", it must be certified by an approved certifying agency - but,
you're exempt from organic certification if you grow or handle less than$5,000 gross sales from organic produce.
However, you must still be in full compliance with the National Organic Program's (NOP)rules and regulations.
Florida Organic Growers (FOG) is the state's approved certifying agency in Gainesville 352-377-6345. You will
need to document that the land you're growing on has met organic standards for the past three years.
Certification fees are based on how many acres you have under organic production Certification fee for a 0-20
acre plot is approximately$425. Certification for a 200 acre farm is approximately$550. Certification takes 60-90
days and includes an inspection.
Florida doesn't currently have cost-share program to help pay for the Certification process, but funding may
come from the USDA National Organic Program(NOP)to help offset the expense. The FOG maintains a waiting
list for cost share funding. Erin Mullane is the Organics expert at the State Department of Agriculture -she can
be reached at 850-922-9928.
More information can be found at
http://www.usda.gov/wps/portal/!ut/p/ s.7 0 A/7 0 1OB?navid=ORGANIC CERTIFICATIO&navtype=RT
&parentnav=AGRICULTURE
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If you're selling fresh produce You need a Growers Permit These are free. Simply ask Jim DeValerio to register
you as a Grower. His number is 904-966-6224 or email:jtd @ufl.edu
If you're selling fresh produce by weight visit
http://www.doacs.state.fL us/standard/weights/infobus.html#questionl
Your scale must be a certain kind and it must be inspected. Otherwise,sell by the bag,basket or handful.
"Fresh From Florida"Florida Agricultural Promotional Campaign (FAPC)
The FAPC provides an opportunity for Florida's agricultural industry to benefit from a multi-tiered advertising
campaign coordinated by the Florida Department of Agriculture and Consumer Services. Those participating in
the program are authorized to use a variety of distinctive logos on their promotional materials so that consumers
and buyers can easily identify Florida agricultural products.
Many retail stores are also using point-of-purchase materials which feature the logo. In addition,radio,television,
print and billboard advertising is utilized to promote Florida agriculture and to create a positive image of the
Florida farmer.
The promotional campaign was authorized by the Florida Legislature in 1990. The Florida Department of
Agriculture and Consumer Services was designated to implement the program,following guidelines established
by an advisory council. The council is composed of producers,shippers,packers,retailers,commodity association
representatives and a consumer and Department representative.
Benefits of Membership
As a participant you will benefit from this multi-media advertising campaign. By placing FAPC logos on your
products and packaging, consumers can easily identify and purchase Florida-grown products. Advertising
products with the Fresh from Florida and From Florida logos increases consumer awareness of the availability
and freshness of Florida products and increases your sales.
As a member,you will:
• Receive artwork of Fresh from Florida logos to use on products,packaging and promotional items.
• Tie-in to supermarket commodity promotions when retailers promote Florida agricultural products in
newspaper and home circular advertisements.
• Have the opportunity to receive industry trade show assistance at a reduced cost.
• Receive "Fresh from Florida," the FAPC promotional magazine and directory. These publications serve as
communication tools for industry buyers and are distributed by mail and at industry trade shows.
• Receive commodity-specific and generic promotional point-of-purchase materiaL
• Receive a 30 x 40-inch aluminum sign customized with your business name. (Benefit available to paid
members only)
• Receive the monthly Florida Agri-Journal.
• Cost$50
Visit http://www.florida-agriculture.com/marketing/fapc membership.htm for more information and an
application.
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Florida Department of Agriculture and � 4 *
Consumer Services Division of Food Safety
February 2014
Adam H.Putnam,Commissioner
5- :,- � %"., a's-ia»+. : -- 5,4'5,- 1-:;-.-1;:7,-r..'
Cottage Food Legislation Signed Into Law Quick Reference
Definitions
not inspected by any erators with general and Cottage Food Operation
state government entity. specific information con- means a person who pro-:
,- duces or packages cottage
tained in this document. food products at his or her
Gross sales for a cot-
residence and sells such
tage food operation If you are a prospec- products in accordance with
o-,.44 u „t , ;. must not exceed tive cottage food opera- Section 500 80,Florida stat-
utes.
;;;111114i7 4 40. $15,000 annually. tor, please take some
Products must be sold time to review this guid- Cottage Food Product means
ii
The 2011 Florida Leg- directly by the cottage once document so that food that s not a potentially food as defined
islature enacted House food operator to the you are better informed by F DACS rule which is
sold
Bill 7209 allowing Indi- by a cottage food operation
g consumer. Sales by about cottage food op- in accordance with Section
viduals to manufacture, Internet, mail order, con- eration requirements. 500.80,Florida Statutes.
sell and store certain signment or at wholesale Residence is defined to mean
types of "cottage food" , a primary residence that is
Yp 9 are prohibited.
products in an unlicensed occupied by an individual
Cottage food products �,
who operates a cottage food
home kitchen. operation and that contains a
must be labeled in ac- c single kitchen with appliances
Cottage food products cordance with the re- u- designed for common resi-
include such items as dential usage. The residence
quirements as outlined in A may only contain one stove
breads, cakes, cookies, Section 500.80 5 , Flor- or oven,which may a
O .
candies, jams, jellies, and ida Statutes, and United *; double oven designed for
non-commercial use.,
fruit pies. States Code of Federal '.
Potentially Hazardous Food
"Cottage food opera- Regulations Title 21, Part ,„,{^ means a food that requires
tions" as they are called 101• *" time/temperature control for
safety(TCS)to limit patho-
require no license or All cottage food prod- genic microorganism growth
permit from the Florida or toxin formation;An animal
p ucts, offered for sale to food that is raw or heat-
Department of Agricul- the general public, must r`" �` -i.-1 1 . treated;a plant food that is
tune and Consumer Ser- be labeled: "Made in a heat treated or consists of
raw seed sprouts,cut melons,
vices (FDACS), and are cottage food operation
INSIDE cut leafy greens,cut toma-
that is not subject to Flor- toes or mixtures of cut toma-
toes food safety regula- WHAT TYPE OF FOODS 2 toes that are not modified in
Y re g a way so that they are un-
„ CAN I PRODUCE?
Lions. able to support pathogenic
WHAT TYPES OF FOOD 2 microorganism growth or
The FDACS may inves- ARE NOT ALLOWED? toxin formation,or garlic-in-
oil
tigate any complaint re-
oil mixtures that are not
a FREQUENTLY ASKED 2 modified in a way so that
le ceived against a cottage QUESTIONS they are unable to support
food operation. pathogenic microorganism
v p eraon. LABELING AND INSPEG 3 growth or toxin formation.
' z m-. TION REQUIREMENTS
The Division of Food
r
Safety is pleased to pro- COTTAGE FOOD 4
CONTACTS,WEB LINKS
vide cottage food op- AND RESOURCES
- R
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Florida Department of Agriculture
What Types of Cottage Foods Can I Produce?
As a cottage food op- Loaf breads, rolls, biscuits Frequently Asked
erator, you are allowed Questions
to produce food items Cakes, pastries and cookies Question: How do I sell my
which are considered not Candies and confections cottage food products?
potentially hazardous. Hone Answer:,You may sell your
y cottage food products from
Jams, jellies and preserves your residence directly to the
consumer. Sales are also ap-
*` Fruit pies and dried fruits proved at farmer's markets,
Dry herbs, seasonings and mixtures flea market and roadside
-- Y stands. r
"° \lt.i.:. Homemade pasta Question. Can I use the inter-
Cereals, trail mixes and granola net to sell my cottage food
products?
The table (at right) Coated or uncoated nuts Answer: Na,the law prohibits
sales over the Internet,by mail
provides a listing of ac- Vinegar and flavored vinegars order,or at wholesale.
ceptable cottage food Popcorn, popcorn balls Question: Am Fable to de-
products. Although not liver my cottage food prod
all inclusive, it provides ucts?
for most types of ap- Answer: Yes,you may deliver
proved cottage food your cottage food products
products. What a Cotta Foods directly to the consumer or to a
AreAllowed? specific event venue(wedding,
Are Not Allowed? birthday celebration etc.)
` Question: Do I need a permit
. , or license for my cottage food
Fresh or dried meat or meat products includ- operation?
ae x 'r ing jerky Answer: No,you do not need
a state permit or license for
1 ° "_ �;' Canned fruits and vegetables, chutneys,
,,,./ ! your cottage food operation.
vegetable butters and jellies, flavored oils, However,you should check
hummus, garlic dip, salsas etc. with your city or county for any
If you have any ques- Fish or shellfish products requirements they may have..
tions regarding the pro- Canned pickled products such as corn relish, Question: Is there any limit to
duction of a particular how much I can earn from
pickles, sauerkraut
cottage food product my cottage food operation?
please contact the Raw seed sprouts Answer: Yes,cottage food
operators are limited to
FDACS's Division of Food Bakery goods which require any type of re- $15,000 in gross sales per
Safety, Bureau of Food frigeration such as cream, custard or me- year. It is the operator's re
and Meat Inspection at ringue pies and cakes or pastries with cream sponsibility to comply with ap-
(850) 245-5520. cheese icings or fillings plicable laws,rules and regu-
Milk and dairy products including hard, soft lotions regarding the collection
of sales tax
and cottage cheeses and yogurt
Question: Can I make pet
` - ,r - Cut fresh fruits and/or vegetables. Juices treats?
ry{F, made from fresh fruits or vegetables Answer: No,the cottage food
f Ice and/or ice products law applies to human-grade
food only. For more informa-
ry Barbeque sauces, ketchups and/or mustards tion about pet treat licensing
i-` please contact the Feed In-
Foccaccia-style breads with vegetables and/ spection Program at
or cheeses (850) 617-7855.
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and s r Services
Florida Labeling Requirements Federal Allergen
The cottage food law predominance by Labeling Information
requires specific labeling weight; All cottage food products must be labeled in ac-
requirements for the sale • The net weight or net cordance with the United States Code of Federal
of cottage food prod- volume of the cot- Regulations Title 21, Part 101. As a cottage food
ucts. tage food product; operator, you must identify if any of your ingredi-
• Allergen information ents are made from one of the following food
as specified by fed-
groups: eggs, milk, wheat, peanuts, soybeans,beans fish
* eral labeling re-
�,0e and tree nuts.
quirements;
H
• If any nutritional In the sample label (provided at left) possible
' claim is made, a allergens are identified as "Contains wheat, eggs,
z."1';';7::---.7: p- 9 gg ,
' --r,',,,,,7,-,;-'1, propriate nutritional milk, soy and walnuts." This labeling allows con-
information as speci- sumers to avoid food which may be harmful to
A cottage food opera- fied by federal la- them.
tion may only sell cot- beling requirements;
tage food products and To obtain additional information you may visit the
which are prepackaged The following state- following website which contains more information
with a label affixed that ment printed in at regarding federal allergen labeling information:
contains the following least 1 0-point type http://www.fda.gov/Food/LabelingNutrition/
information: (printed in in a color that pro- FoodAlleraensLabelina/
English) vides a clear contrast GuidanceComplianceReaulatorvinformation/ucm106187.htm
to the background
• The name and ad- label: "Made in a Cottage Food Inspections
dress of the cottage cottage food opera-
food operation; tion that is not sub- Know the Rules...
• The name of the cot- ject to Florida's food
tage food product; safety regulations."
• The ingredients of A sample is shown be- The FDACS may investigate any
the cottage food low and may assist with complaint received for a cottage
product, in descend- ---'t":‘,...-• = �' ' food operation.
developing your cottage f .
ing order of
food product label. If your cottage food operation is
the subject of a complaint, you
MADE IN A COTTAGE FOOD OPERATION THAT must allow a FDACS employee or officer in your
IS NOT SUBJECT TO FLORIDA'S FOOD SAFETY cottage food operation to conduct an inspection.
REGULATIONS
The FDACS employee or officer will inspect your
Chocolate Chip Cookie cottage food operation to determine compliance
Chip with applicable laws, rules and regulations.
Ashley Christopher Bryant
1019 Food Safety Drive If you refuse to allow a FDACS employee or of-
Tallahassee,Florida 32399
ricer to inspect your cottage food operation, the
FDACS may take disciplinary actions which may
Ingredients:Enriched flour(Wheat flour,niacin,reduced iron,thiamine, include a $5,000 fine.
mononitrate,riboflavin'and folic acid),butter(milk,salt),chocolate chips
(sugar,chocolate liquor,cocoa butter,butterfat(milk),Soy lecithin as an
emulsifier),walnuts,sugar,eggs,salt,artificial vanilla extract,baking More information is available on page four of
soda. this publication.
Contains:wheat,eggs,milk,soy,walnuts fr
Net Wt. 3 oz
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State Agency Contact
kg A cottage food operation must comply with all applica- Can I.Sell My
w.°" ""` �r*" ble county and municipal laws and ordinances regulating
Cottage Foods to
the preparation, processing, storage and sale of cottage
": food products. Below is a listing for state agency re- Restaurants?
4 sources who may assist you in answering any questions
regarding cottage foods: Cottage food opera-
tors are not allowed to
FDACS of Agriculture and Consumer Services sell their cottage food
Division of Food Safety products to local restau
(850) 245-5520 rants or grocery stores.
http://www.freshfromflorida.com/ These types of sales are
considered "wholesale"
and are not allowed un-
der the law.
Cottage food opera-
Be sure to check with your local municipal, city or county tors must sell their cot-
government for additional requirements! tage food products di-
rectly to the consumer.
Documents and Publications i6 sh
b M1.
1111 F1441da
The following websites provide additional information
relating to food safety and subsequent requirements as
= Can I Make Salsas
well as the cottage food legislation: ■--
or Barbecue
41111IIIP'V roam
United States Food and Drug Administration Sauce?
2009 Food Code Processing of low-acid
http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/ foods by retort canning
FoodCode2009/ or processing of acidi-
fied foods is not al-
Cottage Food House Bill 7209 lowed by a cottage
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx? food operator.
Billld=46868&Sessionld=66
These types of prod
Chapter 500, Florida Statutes ucts must be commer-
http://www.leg.state.fl.us/Statutes/index.cfm? cially processed to en-
App mode=Display Statute&URL=0500- sure sterility under con
0599/0500/0500Contentslndex.html&StatuteYear=2010&Title=%2D% ditions of non-
3E2010%2D%3EChapter%20500 refrigerated storage
and distribution.
Food Allergen Labeling and Consumer Protection Act of 2004
http://www.fda.gov/Food/La belingNutrition/FoodAllergensLabeling/ Typically, canning or
GuidanceComplianceReaulatorylnformation/ucm106187.htm processing acidified
foods are done in a
state permitted facility.
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