The purpose of this rule development is to update federal regulations previously adopted by reference in this rule section and used by this agency to facilitate the regulation and inspection of agriculture based food establishments. Updated and ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-4.002Adoption of Federal Regulations and Other Standards

PURPOSE AND EFFECT: The purpose of this rule development is to update federal regulations previously adopted by reference in this rule section and used by this agency to facilitate the regulation and inspection of agriculture based food establishments. Updated and included for adoption are the relevant sections of the Code of Federal Regulations, Title 21, Parts 170 - 190. These sections address the ingredients and additives “generally recognized as safe” (or GRAS) for human consumption and the regulation of dietary supplements. The effect of this proposed rule is to provide uniformity and consistency with both our regulated industry that is already operating on the current versions of the federal code language and with our federal partners with which we have ongoing cooperative agreements for inspection services.

SUMMARY: Update the relevant Codes of Federal Regulation which are the national codes for food safety 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: Sections 500.09, 500.13, 570.07(23), FS.

LAW IMPLEMENTED: Sections 500.02, 500.03, 500.04, 500.09, 500.10, 500.11, 500.171, 500.172, 500.177, FS.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Daniel S. Hixson, Food Safety Rules Coordinator, Division of Food Safety, 3125 Conner Boulevard MS C-18, Tallahassee, Florida, 32399-1650, telephone number [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Daniel S. Hixson, Food Safety Rules Coordinator, Division of Food Safety, 3125 Conner Boulevard MS C-18, Tallahassee, Florida, 32399-1650, telephone number: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) through (c) No change.

(d) Code of Federal Regulations Title 21 – Food and Drugs, Part 1, Part 2, Sections 2.5, 2.25-2.125, Parts 7, 70, 73-74, 100, Part 101, (excluding subsection 101.9(g)(2)), Parts 102-109, Part 110 (except for 110.80(b)(3)(i) is amended to required refrigerated foods to be maintained at a temperature of 41 degrees Fahrenheit (5 degrees Celsius) or below and 110.80(b)(3)(iii) is amended to require that hot foods to be maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or above), Part 111 – 190 169 and Part 1240, revised as of April 1, 2014, http://www.flrules.org/Gateway/reference.asp?No=Ref-04645.

(e) No change.

(2) through (4) No change.

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–Revised 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, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Tiffiani Miller, Director, Division of Food Safety, 3125 Conner Boulevard MS C-18, Tallahassee, Florida, 32399-1650, telephone number [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 20, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 21, 2016