County health departments have reported a financial deficit in the statewide food hygiene program for each of the last four complete fiscal years (2003-2004 through 2006-2007). The purpose of the proposed changes is to help the department recover ...

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-11.002: Definitions
64E-11.013: Certificates and Fees
PURPOSE AND EFFECT: County health departments have reported a financial deficit in the statewide food hygiene program for each of the last four complete fiscal years (2003-2004 through 2006-2007). The purpose of the proposed changes is to help the department recover the costs incurred in administering this program. The effect of the changes will be to help reduce the annual financial deficit the program faces. This proposal should close the deficit.
Another purpose of the proposed changes is to add new definitions and language related to the process of issuing sanitation certificates. The effect of those changes will be to better clarify the types of establishments that are impacted by the certificate and fee requirements of this rule and the process for issuing those certificates and charging those fees.
SUMMARY: The Department proposes to increase the annual fees for each existing category of food service establishment listed in paragraph 64E-11.013(3)(b), F.A.C. The proposed fee increase will range from $5-$25 per establishment or service provided for existing fee categories. Specific fees will also be established for certain caterers, mobile units, vending machines, and temporary events. New terms will be defined that describe the types of food establishments that will be charged fees under this rule; those terms include caterer, institution, other food service, residential facility, and sanitation certificate.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The principal financial impact of this rule will come from program fees. It is estimated that approximately $888,000 in fees will be generated. These fees include annual sanitation certificate fees, re-inspection fees, and temporary event fees. Since this rule impacts food service operations at establishments such as schools, child care centers, other institutions, some churches, civic and fraternal organizations, and bar and lounges, the program fees will impact small businesses.
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.
SPECIFIC AUTHORITY: 381.0072 FS.
LAW IMPLEMENTED: 381.0072 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: December 8, 2008, 10:00 a.m.
PLACE: Room 225Q, 4042 Bald Cypress Way, Tallahassee, FL
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 7 days before the workshop/meeting by contacting: Leslie Harris, Environmental Administrator, Bureau of Community Environmental Health. 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: Leslie Harris, Environmental Administrator, Bureau of Community Environmental Health, Bin #A08, 4052 Bald Cypress Way, Tallahassee, Florida 32399-1710. Email address is [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-11.002 Definitions.

(1) through (4) No change.

(5) “Caterer” – A food service establishment listed under Section 381.0072, F.S., that prepares food at one location for delivery to and individual portion service at another location.

(6)(5) “Civic” – Any organization, excluding Division of Blind Services, offering food service to the public; and

(a) Possesses tax exempt status under 501(c)(4); or

(b) Which has a chartered body of citizens, recognized by a municipality, whether for profit or not, that operates primarily to further the common good and general welfare of the people of the community.

(7)(6) “Commissary” – A food service establishment or any other commercial establishment where food, containers, or supplies are stored, prepared, or packaged, or where utensils are sanitized for transit to, and sale or service at, other locations.

(8)(7) “Comminuted” – Fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.

(9)(8) “Corrosion-resistant” – Those materials which maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions-of-use environment.

(10)(9) “Easily cleanable” – Surfaces that are readily accessible and of such material, finish and so fabricated that residue may be effectively removed by normal cleaning methods.

(11)(10) “Easily movable” – Small equipment weighing 30 pounds or less; or mounted on casters, or provided with mechanical means of safely tilting for cleaning purposes; and has no utility connection, or has a utility connection that disconnects quickly, or has a flexible utility connection line of sufficient length to permit the equipment to be moved for cleaning of the area.

(12)(11) “Employee” – Any person working in or for a food service establishment who engages in food preparation or service, who transports food or food containers, or who comes in contact with any utensil or equipment.

(13)(12) “Equipment” – All stoves, ranges, hoods, meatblocks, tables, counters, cabinets, refrigerators, freezers, sinks, dishwashing machines, steam tables and similar items, other than utensils, used in the operation of a food service establishment.

(14)(13) “Extensively remodeled” – For the purpose of this Chapter, the term extensively remodeled means structural changes to an existing establishment which costs in excess of 50 percent of the assessed value of the facility as determined by the county property appraiser.

(15)(14) “Fixed food establishment” – A food service establishment which operates at a specific location and is connected to electrical, water, and sewage disposal systems.

(16)(15) “Food” – Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use in whole, or in part, for human consumption.

(17)(16) “Food-contact surfaces” – Surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip or splash back onto surfaces normally in contact with food.

(18)(17) “Food preparation” – The manipulation of foods intended for human consumption by such means as washing, slicing, peeling, chipping, shucking, scooping, and/or portioning. The term also includes those activities involving temperature changes, combining ingredients, opening ready-to-eat food packages, or any other activity causing physical or chemical alterations in the food.

(19)(18) “Fraternal” – An organization primarily operating for social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, that offers food service to its members or the public at their facility, and possess a charter.

(20)(19) “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.

(21)(20) “Guest” – As it relates to churches, synagogues, or other not-for-profit religious organizations, an individual who is not a member of the religious organization; and

(a) Who does not regularly attend non-food service events at the religious organization; and

(b) Whose participation in a food service event is not contingent upon attending non-food service activities of the religious organization; and

(c) Who receives food service without cost or donation, excluding bake sales that are limited to non-potentially hazardous baked goods.

(d) This term does not include patrons of a soup kitchen or similar operation.

(22)(21) “HACCP Plan” – A written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.

(23)(22) “Hermetically sealed container” – A container designed and intended to be secure against the entry of microorganisms to maintain the commercial sterility of its contents after processing.

(24)(23) “Highly susceptible population” – A group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults institutionalized or preschool age children in custodial care.

(25)(24) “Hot water” – For the purposes of this chapter, hot water means a water temperature of 100 degrees Fahrenheit or above.

(26)(25) “Indirect waste connection” – An indirect waste connection is a liquid waste pipe that is connected with the sewerage system through an air gap or air break.

(27) ”Institution” – A place that provides food service as that term is defined in Section 381.0072, F.S., established and operated to provide: care for persons who are destitute, disabled,  mentally ill, or incarceration of prisoners and inmates; medical care or treatment; education; or services as part of a group care facility as that term is defined in Section 381.006(16), F.S. Examples of such places include state mental health facilities, substance abuse treatment facilities, jails or prisons, hospitals, schools, colleges and universities.

(28)(26) “Kitchenware” – All multi-use utensils other than tableware.

(29)(27) “Limited food service establishment” – Any establishment with a food service operation, so limited by the type and quantity of foods prepared and the equipment utilized, that it poses a lesser degree of risk to the public’s health, and, for the purpose of fees, requires less time to monitor. The term includes small seasonally operated concessions stands at schools, satellite kitchens that dispense catered meals and similar facilities.

(30)(28) “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.

(31)(29) “Misbranded” – Food shall be considered to be misbranded:

(a) If in packaged form it lacks a label containing the name and place of business of the manufacturer, packer, or distributor; or an accurate statement of the contents; or

(b) If it is offered for sale under the name of another food; or

(c) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed and it is not.

(32)(30) “Mobile food unit” – Any food service unit which is self-propelled or otherwise moveable from place to place and is self-sufficient for utilities, such as gas, water, electricity and liquid waste disposal, whose commissary is a DOH regulated food service establishment.

(33) “Other Food Service” – Any food service establishment located at or operated by a church, synagogue, or other not for profit religious organization that advertises food or drink for public consumption, an adult day care center,  or a prescribed pediatric extended care center.

(34)(31) “Perishable food” – Any food of such type or in such condition as may spoil; provided, that foods which are in hermetically sealed containers processed by heat or other means to prevent spoilage and properly packaged, dehydrated, dry or powdered foods so low in moisture content as to retard development of microorganisms shall not be considered readily perishable.

(35)(32) “Plumbing authority” – The local governing body, such as a county or city building inspection department which has adopted a plumbing code and has authority to interpret, inspect, and provide enforcement of plumbing standards.

(36)(33) “Potentially hazardous food” – Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form:

(a) through (c) No change.

(37)(34) “Premises” – The physical food service establishment and the contiguous land or property under the control of the manager, operator or owner.

(38)(35) “Product thermometer” – A thermometer, thermocouple, thermistor or other device that when inserted into food indicates the temperature of the food. This term does not include non-product ambient temperature sensing devices.

(39)(36) “Ready-to-eat food” – Food that is in a form that is edible without washing, cooking, or additional preparation by the establishment or the consumer and that is reasonably expected to be consumed in that form. This includes:

(a) through (d)  No change.

(40)(37) “Reconstitute” – The recombination of dehydrated food products with potable water or other suitable liquids.

(41) “Residential Facility” – A food service establishment located at a community based residential facility as defined in Chapter 64E-12, F.A.C.  For the purpose of issuing sanitation certificates and charging fees, this term does not apply to establishments that are residential in nature, but which are already specifically categorized in Section 381.0072, F.S., or this rule, such as hospitals, nursing homes, and detention facilities; nor does the term apply to public lodging establishments licensed under Chapter 509, F.S.

(42) “Sanitation Certificate” – A license issued by the department to operate a food service establishment.

(43)(38) “Safe materials” – Articles manufactured from or composed of materials that may not be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food.

(44)(39) “Sanitize” – The effective treatment of clean surfaces of equipment and utensils by an approved process which provides enough accumulative heat or concentration of chemicals for enough time that when evaluated for efficacy, yields a reduction of 5 logs, which is equal to a 99.999% reduction of representative disease microorganisms of public health importance.

(45)(40) “Snack” – A commercially pre-packaged non-potentially hazardous ready-to-eat-food item that is wrapped for individual consumption.

(46)(41) “Sealed” – Free of cracks or other junctures or openings which permit the entry or passage of moisture.

(47)(42) “Single-service articles” – Any cups, containers, closures, plates, straws, place mats, napkins, doilies, spoons, stirrers, paddles, knives, forks, wrapping materials and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers to be for one-time, one-person use, then to be discarded.

(48)(43) “Tableware” – Multi-use eating and drinking utensils.

(49)(44) “Temporary food service event” – Any event offering food service on the premises of a food service establishment approved by the department. These events are at a fixed location for a temporary period of time not to exceed any combination of 18 days within a calendar year and in conjunction with a single event or celebration.

(50)(45) “Theater” – A facility that shows motion pictures and offers food for consumption that is customarily served to the admittees of such theaters, such as popcorn, hot dogs, soft drinks, nachos and cheese, and pre-packaged snack items.

(51)(46) “Utensils” – Implements such as pots, pans, ladles or food containers used in the preparation, storage, transportation or serving of food.

(52)(47) “Vending machine” – Any self-service device which, upon insertion of coin or token, or by any other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each operation.

(53)(48) “Wholesome” – Food which is in sound condition, clean, free from adulteration and otherwise suitable for human consumption.

Specific Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.22, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.009, Amended 6-1-93, 11-30-93, 8-28-96, Formerly 10D-13.022, Amended 3-15-98, 7-14-03,________.

 

64E-11.013 Sanitation Certificates and Fees.

(1) Sanitation Certificate Required.

(a) All food service establishment sanitation certificates shall expire on September 30.  Sanitation cCertificates may be issued for a period less than a calendar year shall be so long as they are prorated on a quarterly basis, in accordance with Section 381.0072(4), Florida Statutes. Certificates shall be posted in a conspicuous location in the establishment.

(b)1. Food service establishments containing multiple food operations housed in the same building, at the same location, under the same ownership and operation must function according to either one of the following:

a. Each food operation shall operate under the umbrella of the sanitation certificate issued to the main food service operation, in which case the sanitation certificate shall be posted in a conspicuous location at the main food service establishment, or

b. Each food operation shall be issued its own individual sanitation certificate, in which case each food service establishment shall post their own sanitation certificate in a conspicuous location in their establishment. The owner or operator of the food service establishment shall decide which of the sanitation certificate processes listed above, will be followed.

2. Food service establishments where multiple food operations are located in different buildings at the same location regardless of ownership shall each be issued their own individual sanitation certificate, in which case each such food operation shall post their own sanitation certificate in a conspicuous location in their food service operation.

(2) Application and Renewal of Sanitation Certificates.

(a) through (b) No change.

(c) Prior to the renovation of a food service establishment, notification shall be provided to the department. This notification shall include construction schedules and details of the work to be completed. Prior to the construction or extensive remodeling of a food service establishment, or the conversion of a structure for use as a food service establishment, or remodeling which includes the addition or relocation of major equipment, plans of the facility and its operation shall be submitted to and approved by the department. Plans may be submitted by the owner, prospective operator or their designated representative. All plans shall comply with the requirements of this chapter. Plans shall be drawn to scale, describe the layout, construction, and general operation of the facility, equipment design and installation, the intended menu, and similar aspects of the facility’s operation that relate to the requirements of this chapter. The department shall grant or deny approval of the plans in writing within 30 days of receipt of a complete set of plans pursuant to the provisions of Chapter 120, F.S. Approval or denial shall be based on whether or not the plans comply with the requirements of Section 381.0072, Florida Statutes, and the provisions of this chapter.

(d) Whenever construction plans are disapproved, a certificate is denied, suspended or revoked or the department takes similar action that affects the substantial interests of a food service establishment certificate holder, the department shall notify the certificate holder of their right to request a hearing on the matter. Notification shall be in writing, and it shall indicate that a hearing must be requested within 30 days of the certificate holder’s receipt of the notice. The department shall grant or deny a hearing request within 10 days of receipt. All notices and hearings shall conform with the provisions of Chapter 120, F.S.

(d)(e) Before a certificate is issued to a newly constructed or extensively remodeled food service establishment, an inspection shall be made by a representative of the department for the determination of compliance with the requirements of this chapter and Section 381.0072, F.S.

(3) Fees.

(a) Fees shall be submitted to the department for certificates, as well as the provision of other required public health services at food service establishments. A food service establishment which applies for an annual certificate shall pay the full fee. Fees for aAll other certificates, such as change of ownership, reinstatement after revocation of certificate or new establishments after the first quarter shall be prorated on a quarterly basis. Proration shall be based on the quarter the department receives an application for a Sanitation Certificate to operate a food service establishment. For establishments that normally operate nine months or less out of the year, such as nine month schools, proration shall be based on the number of months the establishment normally operates during a year.  Proration shall not apply to annual renewals of Sanitation Certificates.

(b) Except for establishments specifically exempted from fees in subsection (4), all food service establishments shall pay an annual or prorated fee to the department according to the following schedule:

 

Annual Sanitation Certificate Fee per Food Service Establishment;
					Total
1. Hospital					235.00 210.00
2. Nursing Home					235.00 210.00
3. Detention Facility					235.00 210.00
4. Bar/Lounge					180.00 160.00
5. Fraternal/Civic Organization					180.00 160.00
6. Movie Theater					180.00 160.00
7. School Cafeteria
a. Operating for 9 months out of a year					150.00 130.00
b. Operating for more than 9 months					180.00 160.00
8. Residential Facility					125.00 110.00
9. Other Food Service					180.00 160.00
10.Child Care Center					100.00 85.00
11.Limited Food Service					100.00 85.00
12.Caterer					160.00
13.Mobile Food Unit					160.00
14.Vending Machine					85.00

 

(c)1.a. Food service establishments with multiple food operations housed in the same building, at the same location, under the same ownership and operation, which operate under the umbrella of the sanitation certificate of the main food service establishment (as addressed in (1)(b)1., of this rule), shall be assessed a single annual fee.  That fee shall be assessed on the main food service establishment, it shall be the maximum allowed in Section 381.0072, F.S., which is $300, and it shall cover the other food service facilities operating in that same building under the umbrella of the main food service establishment.

b. Food service establishments with multiple food operations housed in the same building, at the same location, under the same ownership and operation choosing not to operate under the umbrella of the sanitation certificate of the main food establishment (as addressed in subparagraph (1)(b)2., of this rule) shall be assessed separate annual fees for each food operation based on the category of establishments listed in subparagraph (b)1. above.

c. Food service establishments with multiple food operations located in different buildings at the same location, regardless of ownership, shall be assessed separate annual fees for each food operation based on the category of establishments listed in subparagraph (b)1. above.

2. Caterers, mobile food units, and vending machines that are located or operated at an establishment listed in Section 381.0072, F.S., shall be charged the fees listed in subparagraph (b)1. above when they are not operating under an existing Sanitation Certificate that has already been issued for the main food service establishment where they are located.

(d)(c) The following schedule of fees is established for plan reviews, food service worker training and testing, alcoholic beverage establishment sanitation inspections, reinspections, late renewals:

1. Plan review                                                                                       $40.00 35.00

per hour

Public schools, colleges, and

vocational teaching facilities

are exempt from this fee.

2. Food establishment worker training course (per person)         $10.00

3. Sanitation inspection

a. No change.

b. No change.

4. Reinspection                                                                                     40.00 30.00

(for each reinspection after the first)

5. Late renewal of certificate                                                               $25.00

6. Temporary event food service establishment

a. Sponsor without an existing sanitation certificate                      $150

b. Vendor or booth at an establishment or

location without an existing sanitation certificate                                  $100

(e)(d) No change.

(e) For establishments with multiple food operations, a single fee shall be assessed based on the food activity which dominates the available work space of the facility.

(4) Exemptions. The following limited food service establishments are exempted from the fee requirements of this section:

(a) No change.

(b) Child care facilities and other institutions that serve only snacks, as that term is defined in Rule 64E-11.002, F.A.C., of this chapter, or that require individuals in attendance to bring their own meals to the facility, which do not require any food preparation.

Specific Authority 381.0072, 154.06 FS. Law Implemented 381.0072(2), 154.06 FS. History–New 2-21-91, Amended 5-12-92, Retained here and Transferred to 7C-4.024, Amended 6-1-93, 11-30-93, 8-28-96, Formerly 10D-13.038, Amended 3-15-98, 7-14-03,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Leslie Harris, Environmental Administrator, Bureau of Community Environmental Health
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Ana Viamonte Ros, State Surgeon General, Department of Health
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 04, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 3, 2007, March 11, 2008