5K-4.002. Adoption of Federal Regulations and Other Standards

(1) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) Code of Federal Regulations Title 7 – Agriculture, Part 56, Sections 56.1-56.2, 56.35-56.37, 56.39-56.41, 56.75-56.77, Part 57, Sections 57.1, 57.35, 57.45, 57.800-57.860, 57.900-57.970, and Part 70, Sections 70.1-70.2, 70.50-70.55, 70.110, revised as of January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-11756.

(b) Code of Federal Regulations Title 9 – Animal and Animal Products, Parts 301, 303, 316-317, Part 318, Sections 318.10, 318.16, 318.20, Part 319, Part 352, Sections 352.1 and 352.7, Part 354, Sections 354.1, 354.70-354.72, and Part 381, Sections 381.1-381.15, 381.125, revised as of January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-11758.

(c) Code of Federal Regulations Title 19 – Custom Duties, Part 134, revised as of April 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-11760.

(d) Code of Federal Regulations Title 21 – Food and Drugs, Part 1 (Excluding subparts L, and M), Part 2, Sections 2.5, 2.25-2.125, Parts 7, 70, 73-74, 100, Part 101, (excluding section 101.8, subsection 101.9(g)(2) and section 101.11), Parts 102-109, Part 111, Sections 112.3, 112.12, 112.44(a)(1)-(4), 112.140, 112.49(a), Subparts C, and L-O pertaining only to sprouts, Part 117 (except for 117.80(c)(3)) is amended to require refrigerated foods to be maintained at a temperature of 41 degrees Fahrenheit (5 degrees Celsius) or below and require that hot foods be maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or above, Part 113 – 190 and Part 1240, revised as of April 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-11761.

(e) Code of Federal Regulations Title 40 – Protection of Environment, Part 180, (excluding subsection 180.6(d) and Section 180.101), revised as of July 1, 2018, http://www.flrules.org/Gateway/reference.asp?No=Ref-11762.

(2) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) The action levels for food defects declared by the United States Food and Drug Administration and referenced in the FDA/CFSAN Defect Action Level Handbook, The Food Defect Action Levels, May 1995 (Revised May 1998), http://www.flrules.org/Gateway/reference.asp?No=Ref-04900.

(b) Industry Activities Staff Booklet, Action Levels for Poisonous or Deleterious Substances in Human Food and Animal Feed (August 2000), http://www.flrules.org/Gateway/reference.asp?No=Ref-04901.

(c)Fish and Fishery Products Hazards and Controls Guidance, 4th Edition (April 2011), http://www.flrules.org/Gateway/reference.asp?No=Ref-11763.

(d)Guidance for Industry: Juice HACCP Hazards and Controls Guidance First Edition (March 2004), http://www.flrules.org/Gateway/reference.asp?No=Ref-11764.

(e) AWWA B604-74: American Waterworks Association (AWWA) Standard for Granular Activated Carbon (January 1974) http://www.flrules.org/Gateway/reference.asp?No=Ref-11765.

(f)Guidance Document for Unattended Food Establishments (December 2017) http://www.flrules.org/Gateway/reference.asp?No=Ref-11768.

(3) Food Salvage Operations.

(a) The “Food Sorting Guidance and Model Consumer Commodity Salvage Code (September 2017),” published by the Association of Food and Drug Officials, is hereby adopted as sanitation criteria, standards, and requirements for food salvage operations in Florida and is incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11766, with the following exclusions: Sections 1-102(B), 9-102(C), (F) and (G), 13-101-13-106, and 14-101-14-107. The Department has determined that posting the incorporated material on the Internet would constitute a violation of the federal copyright law. The incorporated material will be available for public inspection and examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meet Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650.

(b) For the purposes of subsection (3) of this rule, “Consumer commodity” is defined as: “any food, beverage, dietary supplement, animal food (pet food), single service food containers or utensils, soda straws, paper napkins, or any other product of a similar nature. It also may include animal feed when handled at the same facility as other consumer commodities. This definition includes salvage caused by disasters which could include animal feeds which are handled differently than “animal food” which is destined for consumption by pets (e.g., cans of cat food, broken bags of dry dog food).”

(4) Food Code – Provisions Adopted and Exclusions. The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) Chapters 1-7, Subpart 8-101, Subpart 8-103, Section 8-201.13, Section 8-201.14, Section 8-202.10 of the “2017 Food Code,” (hereafter known as the Food Code), “Annexes 3 – 7 of the 2017 Food Code,” published by the U.S. Public Health Service of the U.S. Department of Health and Human Services. Interested persons may obtain copies of these materials online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11767.

(b) The following provisions of the Food Code are not adopted by reference and therefore are specifically excluded from rule:

1. 1-201.10(B), definitions for terms “Food Establishment,” “Food Processing Plant,” and “Temporary Food Establishment”; and,

2. 1-201.10(B), the word “unpackaged” only within the definition of “Food Employee”; and,

3. 4-301.12(C)(5), 4-301.12(D), 4-301.12(E); and,

4. 3-203.11(C); and,

5. All subsequent parts of subsection 6-202.110 after the word “law.”

6. 3-502.11; and,

7. 2-102.12.

Rulemaking Authority 500.09, 500.12(1)(f), 500.12(5)(d), 500.12(6), 500.459, 570.07(23), (24) FS. Law Implemented 500.02, 500.03, 500.032, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.147, 500.166, 500.169, 500.172, 500.459, 570.07(2), (6), (9), (16), (18), (24), 570.0725 FS. History–New 3-1-72, Amended 12-31-74, 1-18-83, 6-17-85, Formerly 5E-6.02, Amended 7-25-88, 4-13-92, Formerly 5E-6.002, Amended 8-8-95, 9-9-96, 12-10-96, 4-10-97, 9-8-97, 11-15-99, 2-5-04, 3-1-09, 2-25-15, 1-16-17, 10-31-17, 3-16-20.