To remove obsolete terms no longer used in the rule chapters.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.001Definitions

PURPOSE AND EFFECT: To remove obsolete terms no longer used in the rule chapters.

SUMMARY: The proposed rule will remove the terms bed linens, single and double as they are no longer relevant to the division’s lodging regulation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 509.032 FS.

LAW IMPLEMENTED: 509.032 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Ross, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-1.001 Definitions.

Except when otherwise defined in this rule, the definitions provided in paragraph 1-201.10(B), Food Code, 2009 Recommendations of the United States Public Health Service/Food and Drug Administration; shall apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C. In addition, the following definitions apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C.

(1) Adulterated – As provided in Section 500.10, F.S.

(2) Air curtain – A mechanical device which produces a controlled plane of moving air at a minimum velocity of 500 feet per minute across the opening protected and directed so as to prevent the entrance of flying insects and other airborne contaminants.

(3) Air gap – The unobstructed vertical distance, through the free atmosphere, between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood-level rim of the receptacle, or the lowest opening from any waste outlet pipe and the flood-level rim of the receptacle. For a drainage system, the term also means an air break, which is the unobstructed horizontal distance through the free atmosphere, between the outer surfaces of any waste outlet pipe and the inner surfaces of the plumbing device into which it is discharging.

(4) Approved – Acceptable to the division following a determination as to conformance with appropriate sanitation and safety standards and good public health practice.

(5) Basic Item – An item defined in the Food Code as a Core Item.

(6) Bed linens – This term includes, a top sheet, a bottom sheet, pillowslips, a mattress pad and a blanket for each bedding accommodation.

(6)(7) Bedding accommodations – This term includes a mattress, box spring, bed frame, pillows and bed linens. This term includes various sizes and types of conventional beds, sleeper type couches, rollaway or folding type beds, and baby cribs.

(7)(8) Closed – Free of openings larger than 1/32 of an inch.

(8)(9) Commissary – A public food service establishment licensed by the division or a food establishment permitted by the Department of Agriculture and Consumer Services, which is utilized by a mobile food dispensing vehicle for the purpose of providing all required support services, including potable water and wastewater disposal that are not available on the mobile food dispensing vehicle.

(9)(10) Condiment – Any food such as ketchup, mayonnaise, mustard, relish, or any other seasoning that is used to enhance the flavor of other food.

(10)(11) Director – The director of the Division of Hotels and Restaurants appointed pursuant to Section 20.165(3), F.S., or the director’s designee, as the context permits.

(12) Double – As it refers to public lodging occupancy, this term means two people.

(11)(13) Fixed food establishment – A public food service establishment which operates at a specific location and is permanently connected to electrical, water, and sewage disposal systems.

(12)(14) Food Code – This term as used in Chapters 61C-1, 61C-3, and 61C-4, F.A.C., means paragraph 1-201.10(B), Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, and Sections 8-103.11 and 8-103.12 of the Food Code, 2009 Recommendations of the United States Public Health Service/Food and Drug Administration including Annex 3: Public Health Reasons/Administrative Guidelines; Annex 5: Conducting Risk-based Inspections (https://www.flrules.org/Gateway/reference.asp?No=Ref-01536), herein adopted by reference. A copy of the Food Code, as adopted by the division, is available on the division’s Internet website www.MyFloridaLicense.com/dbpr/hr. A copy of the entire Food Code is available on the U.S. Food and Drug Administration Internet website. Printed copies of the entire Food Code are available through the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312.

(13)(15) Food establishment – As utilized in the Food Code, this term shall apply to public lodging establishments and food service establishments as defined in Chapter 509, F.S., according to the context of the applicable rule language.

(14)(16) Garbage – Food waste generated on premises that is not disposed of through the sewage disposal system. The term also includes solid waste such as discarded containers or wrappers that are contaminated with food waste.

(15)(17) High Priority Item – An item defined in the Food Code as a Priority Item.

(16)(18) Hot water – Hot water means a water temperature of 100 degrees Fahrenheit or above.

(17)(19) Intermediate Item – An item defined in the Food Code as a Priority Foundation Item.

(18)(20) Manager – An individual who has direct authority, control or supervision over employees engaged in the storage, preparation, display and serving of food to the public.

(19)(21) Misbranded – As provided in Section 500.11, F.S.

(20)(22) Owner – A person, firm or corporation who, or which, owns or controls the premises.

(21)(23) Potable water – Water satisfactory for drinking, culinary, and domestic purposes meeting quality standards of Rules 62-550 and 62-555, F.A.C.

(22)(24) Premises – The public food service or lodging establishment and the contiguous land or property under the control of the operator. The property may include all yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises.

(23)(25) Railway – Either a railing or a guardrail system of building components located near the open sides of elevated walking surfaces.

(24)(26) Remodel – To make any change to an existing public food service establishment which affects the sanitation or safety of the establishment.

(25)(27) Self-sufficient mobile food dispensing vehicle – A public food service establishment classified as a mobile food dispensing vehicle that contains, as part of the vehicle, a three compartment sink for washing, rinsing, and sanitizing equipment and utensils; a separate handwash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code.

(26)(28) Sewage – Any liquid waste containing chemicals or animal, mineral, or vegetable matter, or liquid waste from sinks, bathroom facilities, grinders, garbage containers, dishwashing machines, floor drains, floor washing, or handwashing facilities.

(29) Single – As it refers to public lodging occupancy, this term means one person.

(27)(30) Stairway – One or more flights of stairs or steps, either interior or exterior, and the landings, platforms, or other supporting structures necessary to connect separate levels in order to form a continuous passage from one level to another in a building structure.

(28)(31) Temporary food service event – Any event of 30 or fewer consecutive days in duration, advertised and recognized in the community, where food is prepared, served, or sold to the general public.

(29)(32) Wholesome – Food which is in sound condition, clean, free from adulteration and otherwise suitable for human consumption.

Rulemaking Authority 509.032 FS. Law Implemented 509.032 FS. History–Amended 9-20-63, 3-21-64, 1-7-70, Revised 2-4-71, Amended 10-18-71, 11-17-73, 12-18-74, 12-5-82, Formerly 7C-1.01, Amended 9-10-89, 12-31-90, 2-27-92, 11-4-92, Formerly 7C-1.001, Amended 3-31-94, 10-9-95, 9-25-96, 1-1-98, 12-6-00, 2-27-05, 8-12-08, 6-26-12, 1-1-13,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 21, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 24, 2015