FDACS Stop-Sale Orders: Container Requirements

Frequently Asked Questions

What is an FDACS Container Requirements stop-sale order?

An FDACS Container Requirements stop-sale order requires a Florida food establishment to immediately stop selling or using a product that violates 581.217(7)(e), F.S. The container holding your food is part of the food safety system. Improper containers can leach chemicals into food, fail to maintain the temperature or seal needed to prevent bacterial growth, or use materials not approved for food contact under federal or Florida standards. A cracked seal lets air in — starting the clock on pathogen growth. An unapproved plastic can leach phthalates or BPA. An improperly labeled package may indicate compromised contents. FDACS has issued over 21,000 container requirement stop-sales — each one a product that reached a store shelf in packaging that failed Florida's minimum safety standards. FDACS has issued 21469 such orders across 781 Florida facilities.

What happens when FDACS issues a stop-sale order for Container Requirements?

When FDACS issues a Container Requirements 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 Container Requirements 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. Container Requirements stop-sale orders have been issued at 781 Florida facilities, with 11,196 orders in the past 12 months.

What law covers FDACS Container Requirements stop-sale orders?

FDACS Container Requirements stop-sale orders are issued under 581.217(7)(e), F.S. 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.