July 2025
The Florida Department of Agriculture and Consumer Services (FDACS) is in the process of updating administrative rules related to the Limited Poultry and Egg Farm Operation Permit. The proposed amendments, published on June 12, 2025, in the Florida Administrative Register, address both procedural and technical aspects of the program as outlined in Rules 5K-4.020 (Food Permits) and 5K-4.033 (Limited Poultry and Egg Farm Operation).
The Limited Poultry and Egg Farm Operation Permit authorizes small-scale producers in Florida to slaughter and process poultry they have raised themselves and sell dressed poultry and ungraded chicken eggs directly to consumers.
This permit is intended to accommodate small farming operations and reduce regulatory burdens that would otherwise apply under commercial food processing requirements.
FDACS’s stated objectives for the proposed amendments include:
- Clarifying application procedures to streamline the permitting process,
- Increasing flock size limits for egg-laying hens (from 1,000 to 3,000 hens),
- Updating water source documentation requirements, allowing for the submission of recent water test results and photographic evidence rather than requiring new well inspections,
- Incorporating current federal food safety standards by reference, including USDA regulations related to egg and poultry processing.
After publication, the proposed rules generated a significant volume of public comment, primarily in response to the proposed definition of “dressed poultry.” The original draft language defined “dressed poultry” as a whole bird with head, feet, and internal organs (viscera) intact, with only feathers and blood removed.
This definition differed from common practices among small poultry producers, who typically eviscerate birds for food safety and consumer preference. Stakeholders expressed concern that the new language would require small farms to obtain full food processing permits if they wished to continue eviscerating poultry, potentially increasing their costs substantially and limiting their ability to sell poultry in a form commonly accepted by consumers.
Concerns raised included potential inconsistency with USDA exemptions for on-farm poultry processing, duplication of regulations, food safety implications of selling birds with viscera intact, and financial and operational impacts on farms that would no longer qualify under the limited-use exemption.
FDACS held two public hearings in response to stakeholder feedback. These sessions provided opportunities for stakeholders to give oral testimony and clarify their positions regarding the proposed rule changes.
Following the hearings, FDACS announced that it is reviewing all comments and preparing revised rule language. The department has indicated that the updated draft will reference USDA definitions more clearly and address the concerns raised about the poultry dressing standards.
A revised version of the rule is expected to be released in late July 2025. Once published, FDACS will likely open an additional public comment period. Stakeholders will be able to submit comments through the Florida Administrative Register or participate in further hearings, if scheduled.
For updates on the rule or to review the published notices, click here.
For questions or further information contact Florida Farm Bureau’s Government and Community Affairs Team.