To adopt two revised forms impacted by the division’s adoption of the 2017 FDA Food Code.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-4.010Sanitation and Safety Requirements

PURPOSE AND EFFECT: To adopt two revised forms impacted by the division’s adoption of the 2017 FDA Food Code.

SUMMARY: The proposed rulemaking amends Rule 61C-4.010, F.A.C., to adopt two updated forms which require minor changes after the division’s adoption of the 2017 FDA Food Code. Language has been edited for clarity in both the Non-Continuous Cooking Written Procedures Form (DBPR HR 5022-101) and the Time as a Public Health Control Written Procedures Form (DBPR HR 5022-090), and additional exemptions and procedure requirements have been added to DBPR HR 5022-090.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted 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, 509.221, F.S.

LAW IMPLEMENTED: 509.032, 509.035, 509.221, F.S.

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: Michelle Keith, Sr. Management Analyst II, Division of Hotels & Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-4.010 Sanitation and Safety Requirements.

(1) Food Supplies and Food Protection – Except as specifically provided in this rule, public food service establishments shall be subject to the provisions of Chapter 3, Food Code, as adopted by reference in Rule 61C 1.001, F.A.C.

(a)1. Public food service establishment operators may use DBPR Form HR 5022-090, Time as a Public Health Control Written Procedures (https://www.flrules.org/Gateway/reference.asp?No=Ref-1389905117), incorporated herein by reference and effective 2021 September2013 July 17, as a guide for written procedures to apply time only, instead of time and temperature, as a public health control for potentially hazardous food, as provided in Section 3-501.19 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. DBPR Form HR 5022-090 is not required and the division will accept written procedures in another format as long as the written procedures contain all the necessary information. The written procedures must be maintained and made available in each food establishment at all times for use by the person in charge and for review by the division upon request.

2. Public food service establishment operators may use DBPR Form HR 5022-101, Non-continuous (Partial) Cooking Written Procedures (https://www.flrules.org/Gateway/reference.asp?No=Ref-1390005118), incorporated herein by reference and effective 2021 September2013 January 29, to outline the standard procedures and policies used to protect the health and safety of the public when utilizing non-continuous cooking of raw animal foods, as provided in Section 3-401.14 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. DBPR Form HR 5022-101 is not required and the division will accept written procedures in another format as long as the written procedures contain all the necessary information. The written procedures must be maintained and made available in each food establishment at all times for use by the person in charge and for review by the division upon request.

(b) In the event of an emergency such as a fire, flood, power outage, or similar event that might result in the contamination of food or that might prevent potentially hazardous food from being held at safe temperatures, the person in charge shall immediately notify the division.

(c) Labeling – Public food service establishments which prepare and package food products for sale within the establishment must ensure that packaged food products are properly labeled. A label is not required on food products placed in a wrapper, carry-out box, or other nondurable container for the purpose of protecting the food during service to and receipt by the customer. Package labels must contain the following information:

1. Identity and description of product;

2. Date product was packaged; and,

3. Name and address of establishment which prepared and packaged product.

(d) Paragraph 3-301.11(B) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., specifies that food service employees shall not contact ready-to-eat food with bare hands. However, paragraph 3-301.11(D) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., allows public food service employees to contact ready-to-eat foods with their bare hands if the operator of the public food service establishment maintains a written alternative operating procedure approved by the division. Such approval may be obtained by completing optional form DBPR Form HR 5022-049, Alternative Operating Procedure (AOP) (http://www.flrules.org/Gateway/reference.asp?No=Ref-11143), incorporated herein by reference and effective 2019 November. The division will accept written procedures in another format as long as the written alternative operating procedure addresses all of the required components listed in the Food Code, as adopted in Rule 61C-1.001, F.A.C :

(e) If the division or other food regulatory authority is notified of a suspected foodborne illness outbreak in any public food service establishment which utilizes bare hand contact with ready-to-eat foods, the division will temporarily enforce no bare hand contact in the establishment until the health authority determines whether a foodborne illness outbreak exists or until such time as the origin of the foodborne illness outbreak is confirmed. If the origin of the foodborne illness, specific to the implicated establishment, is determined to be a food service employee associated outbreak, the division shall continue to enforce no bare hand contact until the establishment operator verifies completion of corrective action, including remedial training of all food preparation employees.

(2) through (9) No Change.

Rulemaking Authority 509.032, 509.221 FS. Law Implemented 509.032, 509.035, 509.221 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.23, Amended 2-21-91, Formerly 10D-13.023, 7C-4.010, Amended 3-31-94, 9-25-96, 1-1-98, 7-2-98, 12-6-00, 2-27-05, 8-12-08, 6-13-10, 2-12-13, 4-29-15, 10-29-19, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven Von Bodungen, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Julie I. Brown, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 2, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 12, 2021 (v. 47, n. 198)