FDACS Stop-Sale Orders: Utensils, Equipment and Vending: Food and nonfood-contact

Frequently Asked Questions

What is an FDACS Utensils, Equipment and Vending: Food and nonfood-contact stop-sale order?

An FDACS Utensils, Equipment and Vending: Food and nonfood-contact stop-sale order requires a Florida food establishment to immediately stop selling or using a product that violates FS 500.04; FS 500.172 Unsanitary Equipment. Food contact surfaces that cannot be properly cleaned and sanitized — because they are cracked, corroded, made of unapproved materials, or improperly designed — become permanent reservoirs for foodborne pathogens. Bacteria colonize scratches in plastic cutting boards, accumulate in gaskets that cannot be removed, and survive in equipment that cannot reach sanitizing temperatures. Every food that passes through or contacts non-compliant equipment carries the accumulated contamination of everything that came before it. FDACS has issued over 1,700 stop-sales for equipment and utensil violations. FDACS has issued 1727 such orders across 804 Florida facilities.

What happens when FDACS issues a stop-sale order for Utensils, Equipment and Vending: Food and nonfood-contact?

When FDACS issues a Utensils, Equipment and Vending: Food and nonfood-contact 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 Utensils, Equipment and Vending: Food and nonfood-contact 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. Utensils, Equipment and Vending: Food and nonfood-contact stop-sale orders have been issued at 804 Florida facilities, with 492 orders in the past 12 months.

What law covers FDACS Utensils, Equipment and Vending: Food and nonfood-contact stop-sale orders?

FDACS Utensils, Equipment and Vending: Food and nonfood-contact stop-sale orders are issued under FS 500.04; FS 500.172 Unsanitary Equipment. 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.