FDACS Stop-Sale Orders: Chapter 5K-4: Food deemed adulterated

Frequently Asked Questions

What is an FDACS Chapter 5K-4: Food deemed adulterated stop-sale order?

An FDACS Chapter 5K-4: Food deemed adulterated stop-sale order requires a Florida food establishment to immediately stop selling or using a product that violates FS 500.04; FS 500.10 Adulterated. An adulterated food product under Florida Administrative Code 5K-4 is one that contains a substance that makes it unfit for human consumption — whether through contamination, decomposition, the presence of foreign objects, unauthorized additives, or failure to meet established safety standards. When FDACS deems a product adulterated, it is considered unsafe to sell or consume in its current state. Products issued a stop-sale under this category have been determined by a trained FDACS inspector to present a direct risk to anyone who purchases and consumes them. FDACS has issued 1448 such orders across 393 Florida facilities.

What happens when FDACS issues a stop-sale order for Chapter 5K-4: Food deemed adulterated?

When FDACS issues a Chapter 5K-4: Food deemed adulterated stop-sale order, the affected products must immediately be removed from sale or use. The establishment cannot sell, distribute, or use the flagged products until FDACS approves corrective action. Violating a stop-sale order can result in additional penalties under Florida Statutes Chapter 500.

Which Florida businesses receive Chapter 5K-4: Food deemed adulterated stop-sale orders?

FDACS inspects and issues stop-sale orders to grocery stores, convenience stores, food manufacturers, bakeries, mobile food vendors, and vending machine operators. Chapter 5K-4: Food deemed adulterated stop-sale orders have been issued at 393 Florida facilities, with 370 orders in the past 12 months.

What law covers FDACS Chapter 5K-4: Food deemed adulterated stop-sale orders?

FDACS Chapter 5K-4: Food deemed adulterated stop-sale orders are issued under FS 500.04; FS 500.10 Adulterated. The Florida Department of Agriculture and Consumer Services (FDACS) enforces Florida Statutes Chapter 500 and Florida Administrative Code 5K-4, which adopt FDA Food Code standards for food safety and labeling compliance.