Under Chapter 500, Florida Statutes (F.S.), and Rule 5K-4, Florida Administrative Code (F.A.C.), the Florida Department of Agriculture and Consumer Services (FDACS) is given authority to inspect manufactured food establishments and to determine whether this chapter or any rule adopted under this chapter is being violated.
On arrival at your food establishment, the food safety inspector will introduce themselves to a staff member on duty and request to speak to the most responsible person in charge. A state-issued ID and a business card will be presented as official identification and the inspector will explain the purpose of the inspection. Inspectors are not authorized to sign documents nor agree to any condition that would limit the authority provided under Florida Statutes or rule adopted thereunder.
The inspector will explain the scope of the visit and establish jurisdiction by asking a series of questions. They will request to see the most recent permit and will verify all business contact information. Depending on the size of the food establishment, the visit may take up to several days, which will also be discussed.
The person in charge will be asked some general questions regarding operations on topics such as:
The inspector will also ask what products will be produced for the period of inspection to determine what product will be followed during the inspection.
Note: Food records, photographs of violative conditions or practices, and samples may be collected as part of the inspection.
The inspector will comply with all Current Good Manufacturing Practices during the inspection. The inspector will wear any personal protective equipment requested by the food establishment. Prior to beginning the inspection, the inspector may ask if there are any safety hazards associated with the environment or the equipment. Depending on the size of the food establishment, a walk-through of the entire food establishment may be conducted prior to the full inspection so that the inspector may better understand the flow of the facility from receiving through distribution and to verify the flow of the product chosen to be followed during the actual inspection.
The most responsible person in charge should accompany the inspector throughout the inspection of all areas of the food establishment. It is important for them to understand the inspection process and ask questions when they are unsure of the inspector’s actions. During the inspection the inspector will be asking the responsible employees questions to help gather information on the processes and controls taking place. The following will be assessed for compliance: process controls, personnel practices, sanitation operations, sanitary facilities and controls, warehouse distribution and practices, plant and grounds, and holding and distribution of human food by-products for use as animal foods. The inspector, to properly evaluate procedure, may schedule to see additional components of the process such as receiving, sanitation or pre-operational activities.
A label review will be conducted to verify all raw ingredients and allergens are listed on the food packaging. A traceability exercise for a raw ingredient or finished product will be conducted to ensure that:
Depending on the scope and type of the inspection, the inspector may request records as they relate to the facility, process or product to assist in evaluating compliance with the regulation.
The regulation allows for the inspector to review and copy records. Those copies are often removed offsite, which is to assist in the evaluation of compliance with the regulation. All requested copies will be returned to the manufactured food establishment at the end of the inspection. However, if the record is determined to be necessary as supporting documentation to a violative condition, a copy of the record will be kept and added to the inspection report.
There are additional record requirements for preventive controls, seafood HACCP, juice HACCP, acidified foods, low-acid canned foods, and bottled water. Learn more about records requirements.
The inspector may note necessary corrections and permit corrective actions to be taken while the inspector is onsite. If action cannot be taken by the establishment, a Stop Sale and/or Stop Use order may be issued to give notice that an article, processing equipment, processing area or storage area is or is suspected of being in violation and has been detained or embargoed. These orders warn people not to use such areas or remove, use or dispose of such articles or equipment without written permission for release from an authorized representative of FDACS. Failure to comply with the order may result in a fine of up to $5,000 per occurrence.
On completion of the inspection, the inspector will discuss the findings and determine if there is any further follow-up needed by the food establishment to gain compliance. A final report will be delivered in person or electronically to the designated person. This inspection report should be used by as a guide for corrective action.
You should respond and ask questions during the close-out discussion with the inspector. Violative conditions or practices requiring a Check Back will be followed up within a timeframe established during the inspection. Violative conditions or practices requiring a Reinspection will be followed up about 14 days from the date of inspection. After an inspection, you should provide actions taken to correct violative conditions or practices via email directly to the inspector prior to the next onsite visit. Such provided corrective active documentation by the food establishment may preclude the necessity for an onsite follow-up visit.