Adam H. Putnam, Commissioner    -     Dr. Tiffiani J. Onifade, Director

Frequently Asked Questions About Food Establishments


  1. Which agencies regulate food businesses in Florida?

    The Florida Department of Agriculture and Consumer Services, Division of Food Safety, regulates food outlets, including grocery stores, convenience stores, bakeries, delicatessens, meat and seafood markets, seafood processors, food warehouses, food processing and manufacturing plants, mobile vendors that sell only pre-packaged foods and food service facilities which are a part of a food establishment already regulated by the Department, etc.

    The Department of Business and Professional Regulation regulates food service establishments such as restaurants, other food service facilities, including temporary events, and mobile vendors that prepare and serve food.

    The Department of Health regulates bars, lounges, and establishments serving food in facilities such as child care, schools, institutions, etc.

  2. What must one acquire prior to opening a Food Establishment regulated by the Department of Agriculture and Consumer Services?

    An Opening Inspection is required before operation as a Food Establishment to determine compliance with the requirements of the Florida Food Safety Act (Chapter 500, F.S.), the Florida Administrative Rules (Section 5K-4, F.A.C.), and the FDA Food Code 2001. For additional information on criteria that apply to the construction, renovation or conversion of a structure for a Food Establishment, please refer to the Minimum Construction Standards and Specification Checklist.

  3. If one sells prepackaged food only, is there a requirement to possess a food permit?

    Even if an establishment only sells prepackaged food, a food permit issued by either the Florida Department of Agriculture and Consumer Services or the Florida Department of Business and Professional Regulation is needed.

  4. Can one cook or prepare food at home to sell to the public?

    Preparation of food for sale to the public must be in a facility in which there is complete separation of living quarters from food preparation facilities. The food preparation facility must be adequately equipped and fully satisfy all food facility requirements of Chapter 500, F.S., and section 5K-4, F.A.C.

  5. Is one required to have a certified Food Manager at a food establishment?

    Please refer to our Certified Food Manager information.

  6. What kind of a sink must one have at a food establishment? A three compartment sink with two drainboards is necessary in most food establishments to enable the operator to properly wash, rinse, and sanitize soiled food equipment and utensils. A warewashing or hand washing sink may not be used for dumping mop water. Refer to the guidelines provided in the document entitled, Minimum Construction Standards and Specifications Checklist.

  7. How many restrooms are required in a food establishment?

    Depending on type and size of business, one or more restrooms with hand wash lavatories equipped with hot and cold water are required.

    More information on opening and operating a food establishment


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