5K-4.023. Packaged Ice  


Effective on Tuesday, August 8, 1995
  • 1(1) In addition to the requirements in the general food products statute, Chapter 500, F.S., and all applicable rules in Chapter 5K-4, F.A.C., packaged ice plant operators and packaged ice dealers shall comply with the following rules.

    38(2) DEFINITIONS:

    40(a) ICE means food intended for human consumption that is formed from drinking water by freezing to a solid state.

    60(b) IMPORTED means manufactured, processed, packaged, stored or distributed from a point outside of the state of Florida.

    78(c) MAXIMUM CONTAMINANT LEVEL (MCL) means the maximum permissible level of a contaminant as set forth in Chapter 403, F.S., and Chapter 64E-8, F.A.C. (1/93), titled “Drinking Water Systems”, and Chapter 62-550, F.A.C. (5/94), titled “Drinking Water Standards, Monitoring and Reporting”.

    119(3) REQUIREMENTS:

    121(a) Each person or public body that establishes, maintains, or operates a packaged ice plant must obtain a Packaged Ice Plant Operating/Food Permit from the department each year. Each packaged ice plant location must have a permit.

    158(b) Each packaged ice dealer must obtain a Packaged Ice Dealer/Food Permit from the department each year. Ice transported into the state and packaged either before or after importation into the state must meet all of the requirements of this section and must be packaged, labeled, handled, and otherwise processed and sold according to the provisions of this section.

    217(c) Any packaged ice plant operator who is also a packaged ice dealer shall be issued a combined Packaged Ice Plant Operating-Dealer/Food Permit by the department. Such permit shall be issued each year upon compliance with all statutory and rule requirements for the issuance of a Packaged Ice Plant Operating Permit and a Packaged Ice Dealer Permit. Each location must have a permit.

    280(d) Each packaged ice plant operator or packaged ice dealer who is engaged in the sale or distribution of any other food product and whose operation qualifies as a food establishment under Chapter 500, F.S., shall be issued a combined Food/Packaged Ice Permit by the department. Such permit shall be issued each year upon compliance with all statutory and rule requirements for the issuance of a Food Permit, a Packaged Ice Plant Operating Permit, a Packaged Ice Dealer Permit, or a combination thereof. Each location must have a permit as per Section 372500.12(1)(a), F.S. 374and subsection 3765K-4.020(2), 377F.A.C.

    378(e) All permits shall expire on December 31 of each year.

    389(f) Application for permits must be made in writing to the department on form IN-63, an Annual Food Permit Application, (Revised 10/94).

    411(4) PERMIT FEES:

    414(a) Each packaged ice plant operator must pay the department an annual non-refundable fee of $250.00 for each permit.

    433(b) Each packaged ice dealer must pay the department an annual non-refundable fee of $100.00 for each permit.

    451(c) Each packaged ice plant operator who is also a packaged ice dealer must pay the department an annual, non-refundable fee for each permit. Such fee shall be the greater of the Packaged Ice Plant Operating or the Packaged Ice Dealer permit fee required in this subsection.

    498(d) Each packaged ice plant operator or packaged ice dealer who is engaged in the sale or distribution of any other food product and whose operation qualifies as a food establishment under Chapter 500, F.S., must pay the department an annual, non-refundable fee for each permit. Such fee shall be the greater of the Food Permit fee required by Rule 5585K-4.020, 559F.A.C., or the applicable permit fee required by this subsection.

    569(e) Fees charged to applicants for new permits shall be prorated with the applicant paying 1/12th of the applicable fee for each month remaining in the calendar year, including the month of application.

    602(5) SOURCE WATER AND FINISHED PRODUCT QUALITY:

    609(a) All water used for the manufacture of ice intended for human consumption and in preparation of brine solutions must be from an approved drinking water supply as described in Chapter 64E-8 or 62-550, F.A.C.

    644(b) Imported packaged ice product must be manufactured from source water that has been approved as a drinking water supply by the agency with jurisdiction in the state where the ice is manufactured and packaged.

    679(c) Packaged ice dealers importing product must submit to the department a copy of the current source certification or a letter from the agency with jurisdiction for approval of drinking water supplies. This information must be submitted to the department with each annual permit application.

    724(d) Packaged ice must be in conformance with maximum contaminant levels that have been established for drinking water supplies in Chapters 64E-8 and 62-550, F.A.C.

    749(e) All packaged ice plants shall submit to an approved laboratory, once every three months, a sample of each type of finished product for microbiological analysis. A copy of the quarterly analytical results shall be forwarded to the department by out-of-state packaged ice dealers. In-state packaged ice plants shall maintain these records as required by Section 500.509, F.S., and make them available to the department upon request.

    816(f) The quarterly laboratory analysis must include testing for fecal and total coliform organisms and Heterotrophic Plate Count (HPC). Total coliforms shall not be greater than 2.2 organisms/100 ml. using the Most Probable Number (MPN) method or not greater than 1 organism/100 ml. using the Membrane Filtration (MF) method. The HPC shall not exceed 500 colonies/ml. Packaged ice shall have no fecal coliform-positive samples.

    880(g) Should finished product samples exceed the standards outlined in paragraph (f) of this subsection, the plant shall submit samples to an approved laboratory, on a weekly basis, until two (2) consecutive acceptable samples are obtained. Copies of weekly sample analyses shall be submitted to the department upon receipt by the packaged ice plant or packaged ice dealer.

    938(h) The department shall collect and analyze samples of source water and finished product when necessary to determine if the source water and/or finished product meet quality standards established in this rule. When indicated by reason of complaint or illness, the department may obtain and analyze or require the ice plant to obtain and have analyzed, by an approved laboratory, samples of source water and/or finished product.

    1005(i) All records of sampling and analyses of source water and finished product shall be maintained by the plant for a period of not less than 2 years and shall be made available to the department upon request.

    1043(6) PROCESSING AND PACKAGING:

    1047(a) Ice shall be processed and packaged using methods that preclude contamination of the product.

    1062(b) Air used for water agitation shall be filtered or otherwise treated to render it free of oil, dust, dirt, insects and extraneous material.

    1086(c) Manual packaging of product shall be performed in a manner that will preclude contamination of the packaging material and the product.

    1108(d) Any spillage created during manufacture, packaging, transportation or storage shall be disposed of and shall not be packaged or re-packaged for sale for human consumption.

    1134(e) Ice packaging material shall be of foodgrade quality and closures shall be designed to adequately protect its contents. Only pin holes or a butterfly vent that does not exceed 1/4 inch in diameter shall be used in ice packaging material. Pin holes or butterfly vents must be located in the upper 1/3 portion of the bag.

    1191(f) Packaging material shall be protected from contamination during storage and handling.

    1203(7) STORAGE AND TRANSPORTATION:

    1207(a) Packaged ice plants producing product that is not to be used for human consumption shall store this product in a designated area that is clearly identified and separated from other packaged ice products.

    1241(b) Packaged ice shall be stored above the floor protected from splash and shall not be located in areas susceptible to overhead dripping.

    1264(c) Wooden platforms or pallets shall not be used for the purpose of transporting ice or storing ice above the floor unless platforms or pallets have been designed or covered with surfaces that protect the product from splintering. Such surfaces shall be easily cleaned and sanitized or shall be replaced between uses.

    1316(d) Product shall be transported in an enclosed facility designed and equipped to protect the product from contamination and shall be maintained in a clean condition.

    1342(e) Packaged ice shall be handled in such a manner to preclude contamination during transportation and delivery. At no time during transport or delivery shall the packaged ice product come into contact with the floor or ground.

    1379(8) LABELING: Packaged ice plants producing product that is not to be sold for human consumption shall designate “NOT FOR HUMAN CONSUMPTION” on the package. This designation shall be clearly visible to the consumer.

    1413(9) NOTIFICATION TO THE DEPARTMENT: The operator or manager of a packaged ice plant or dealer who knows or should know that a primary maximum contaminant level has been exceeded or believes or has reason to believe that circumstances exist such as source contamination, spills, accidents, natural disasters, breakdowns in the sanitary processing of ice or other similar problems that may adversely affect the safety of the packaged ice, shall immediately notify the department of the incident.

    1490(10) PRODUCT RECALL PROCEDURES:

    1494(a) If the department determines, based upon results of representative sample tests and risk analysis that an immediate hazard to the health, safety and welfare of the public is present in any packaged ice product, the department shall order the packaged ice plant or dealer to initiate a product recall to effectively avoid or significantly minimize the threat to the public’s health and if appropriate, issue a notification to customers. The plant or dealer shall be responsible for disseminating the notice in a manner designed to inform customers who may be affected by the problem.

    1589(b) When a laboratory report reveals a maximum contaminant level (MCL) has been exceeded, but when investigation indicates that the condition causing the MCL to be exceeded was promptly corrected and that previously distributed product will not cause illness nor present any significant health hazard, a company recall and media notification shall not be necessary. In circumstances where a recall or media notification is not necessary but consumer complaints indicate problems regarding product taste or odor, the department shall order the plant to communicate the exceedance of the MCL and the implementation of corrective measures by direct mailings to affected customers.

    1690(11) DEPARTMENT RESPONSIBILITIES AND DUTIES: Packaged ice plant operators and packaged ice dealers shall allow the department to examine records pertaining to the operation and maintenance of the plant or source water.

    1722(12) FORMS: Form IN-63, an Annual Food Permit Application (Revised 10/94), is hereby incorporated by reference. Copies may be obtained from the Florida Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Room 294, Tallahassee, Florida 32399-1650.

    1759Rulemaking Authority 500.509, 1762500.12(1)(d), 1763570.07(23) FS. 1765Law Implemented 500.453, 500.509 FS. History–New 1-19-95, Formerly 5E-6.023, Amended 8-8-95.

     

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