Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: HUDSON FOOD STORES, INC., D/B/A JIFFY 1559
Judges: LISA SHEARER NELSON
Agency: Department of Agriculture and Consumer Services
Locations: Tallahassee, Florida
Filed: Feb. 17, 2021
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 4, 2021.
Latest Update: Dec. 27, 2024
EXHIBIT A
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES,
Petitioner,
HUDSON FOOD STORES, INC.
DBA JIFFY 1559 Agency Clerk Number.: B28177
24252 W NEWBERRY ROAD Food Entity Number.: 359346
NEWBERRY, FL 32699
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, the Department of Agriculture and Consumer Services, Division of Food Safety
(‘Department’), pursuant to Chapter 500, Florida Statutes, and Rule Chapter 5K-4, Florida
Administrative Code, states that it is the licensing and regulatory authority as defined therein; that
it has statutory jurisdiction over Respondent and this matter; and alleges:
1. On October 20, 2020, The Department visited Respondent's permitted facility to conduct
a food inspection pursuant to section 500.147(1), Florida Statutes.
2. The inspector was denied entry to the food establishment which is a violation of Section
500.004(6), Florida Statutes.
3. Acopy of the Department's inspection report(s) detailing the specific findings are attached
as Exhibit 1 and incorporated herein by reference.
Wherefore, Petitioner intends to take action pursuant to its authority in section 500.121, Florida
Statutes, including, but not limited to, suspension of Respondent’s food permit 359346 and the
imposition of an administrative fine not to exceed $5,000.00. Failure to respond to this
administrative complaint will result in the Department imposing the maximum fine allowed by law.
EXHIBIT A
All correspondences regarding this matter shall be directed to the Division of Food Safety,
Enforcement section, by telephone at (850) 245-5540 or by email
at
FSAdministration@FEDACS.gov Send all facsimiles to Compliance at (850) 488-7946.
Dated on December 22, 2020
Melissa Sam
Division of Food Safety
Enforcement Section
EXHIBIT A
NOTICE OF RIGHTS
In accordance with sections 120.569 and 120.57, Florida Statutes, you have the right to request
a formal or informal hearing and to be represented by counsel or other qualified representative.
To request a hearing, you must complete the enclosed Election of Rights form and file it with the
Division of Food Safety within twenty-one (21) days of receipt of this complaint. For an informal
hearing, you have the option of having the hearing) conducted by appearing in person, via a
telephone conference call, or via review of a written statement. NOTE: If you request a formal
hearing, you must also provide a statement of the material facts alleged in this complaint that you
dispute.
Alternatively, you may waive your right to a hearing and settle this matter by signing and returning
the attached Stipulation and Settlement Agreement along with the required payment.
Failure to timely file the Election of Rights form with the Division of Food Safety within twenty-one
(21) days of receipt of this complaint shall be considered a waiver of your right to a hearing and
may result in the issuance of a Final Order without any further notice that may impose up to the
maximum penalties as authorized by law.
CERTIFICATE OF SERVICE
| hereby certify that a copy of this Administrative Complaint with Stipulation and Settlement
Agreement and Notice of Rights has been furnished by United Parcel Service on December 22,
2020, to Respondent.
Melissa Sam
Division of Food Safety
Enforcement Section
Department of Agriculture and Consumer Services
3125 Conner Boulevard, C-18
Tallahassee, Florida 32399-1650
(850)245-5540
EXHIBIT A
Florida Department of Agriculture and Consumer Services
Division of Food Safety AA
Visit # 3442-0023-60
FOOD SAFETY INSPECTION REPORT Bureau of Food Inspection
Attention: Business Center
NICOLE "NIKKI" FRIED Chapter 500, Florida Statutes 3125 Conner Boulevard, C-26
COMMISSIONER (850) 245-5520 Tallahassee, FL 32399-1650
Print Date: October 20, 2020
Food Entity Number: 359346
Food Entity Name: Jiffy 1559
Date of Visit: October 20, 2020
Food Entity Address: 24252 W Newberry RD Newberry, FL 32669-2211
Food Entity Mailing Address: 109 NW 3rd Ave Chiefland, FL 32626-0843
Food Entitv Tvpe/Descriptio 124/Convenience Store Significant FS AND/OR Packaged Ice
Food Entity Owner: HUDSON FOOD STORES Owner Code:
INSPECTION SUMMARY - Focused Inspection
On October 20, 2020, Jiffy 1559 was inspected by DAVID CANO, a representative of the Florida Department of Agriculture and
Consumer Services. A Focused Inspection is a visit focused on a specific task that does not constitute an inspection and will not
result in an inspection summary.
PERMIT APPLICATION INFORMATION
The permit application information was verified with management or a qualified representative.
COMPLIANCE KEY
IN = In Compliance OUT = Not In Compliance N/O = Not Observed N/A = Not Applicable
GOOD RETAIL PRACTICES
Violation Compliance
Number Status Violation Description
99 OUT CHAPTER 5K-4: Food Permit
OBSERVATIONS AND CORRECTIVE ACTIONS
COS = Corrected on Site P = Priority Citation Pf = Priority Foundation Citation
(Directly Associated with Foodborne Illnesses) | (Supports or Leads to a Priority Citation)
INSPECTION: GRP
Violation
Number Citation Description COS Observation
99 An agent of the Florida Department of Agriculture and O INSPECTION REFUSAL.
Consumer Services was denied access to the MANAGER STATED INSPECTION
establishment or vehicle for the purpose of COULD NOT COMMENCE
determining regulatory compliance, collecting a UNLESS SPECIFIC FOOD
sample or specimen, or tracing of food products in the ESTABLISHMENT
event of a foodborne illness outbreak or identification ADMINISTRATION WAS CALLED
of an adulterated or misbranded food item. INTO LOCATION AND WAS ON
§00.147(1) F.S. P THE PREMISES. PLEASE SEE
COMMENTS
FDACS 14205 Rev. 07/13
Page 1 of 2
EXHIBIT A
Florida Department of Agriculture and Consumer Services
Duision et Fond 2a MAM 0MNA
Visit # 3442-0023-60
FOOD SAFETY INSPECTION REPORT Bureau of Food Inspection
Attention: Business Center
NICOLE "NIKKI" FRIED Chapter 500, Florida Statutes 3125 Conner Boulevard, C-26
COMMISSIONER (850) 245-5520 Tallahassee, FL 32399-1650
Print Date: October 20, 2020
COMMENTS
INSPECTION REFUSAL. MANAGER STATED THAT THE FOOD ESTABLISHMENT HAS A NEW POLICY AND THAT THE
INSPECTION COULD NOT COMMENCE UNLESS SPECIFIC FOOD ESTABLISHMENT ADMINISTRATION WAS CALLED INTO
THE ESTABLISHMENT AND WAS ON THE PREMISES. INSPECTOR STEPPED OUT FOR MANAGER TO NOTIFY
ADMINISTRATION. WHEN INSPECTOR RETURNED, INSPECTION WAS AGAIN REFUSED BY MANAGEMENT.
ACKNOWLEDGMENT
| acknowledge receipt of a copy of this document, and | further acknowledge that | have verified the location and mailing addresses
on the first page of this document are correct, or | have written the correct information on the first page of this document.
NA
(Signature of FDACS Representative) (Signature of Representative)
DAVID CANO, SANITATION AND SAFETY SPECIALIST ROBERT RICHARDSON, MANAGER
Print Name and Title
FDACS 14205 Rev. 07/13
Page 2 of 2
Docket for Case No: 21-000634
Issue Date |
Proceedings |
Mar. 04, 2021 |
Order Closing File. CASE CLOSED.
|
Mar. 04, 2021 |
Joint Motion to Cancel Hearing and Relinquish Jurisdiction filed.
|
Feb. 23, 2021 |
Order of Pre-hearing Instructions.
|
Feb. 23, 2021 |
Notice of Hearing (hearing set for April 27, 2021; 9:30 a.m., Eastern Time; Tallahassee).
|
Feb. 23, 2021 |
Joint Response to Initial Order filed.
|
Feb. 18, 2021 |
Initial Order.
|
Feb. 17, 2021 |
Amended Request for Formal Administrative Hearing filed.
|
Feb. 17, 2021 |
Administrative Complaint filed.
|
Feb. 17, 2021 |
Referral for Hearing filed.
|