The rule modifications were implemented based on the passage of House Bill 5311. This bill eliminated the Department of Health’s ability to conduct food service inspections in child care settings. In an effort to protect the health and safety of ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Family Safety and Preservation Program

Rule No.: RULE TITLE
65C-22.001: General Information
65C-22.005: Food and Nutrition
65C-22.008: School Age Child Care
65C-22.010: Enforcement
PURPOSE AND EFFECT: The rule modifications were implemented based on the passage of House Bill 5311. This bill eliminated the Department of Health’s ability to conduct food service inspections in child care settings. In an effort to protect the health and safety of children in child care, the sections of the administrative code have been revised to incorporate standards for the continued regulation of food safety in licensed child care facilities. Additional modifications were implemented in the School Age section regarding Background Screening and Fire Safety.
SUMMARY: he rule modifications expand the Department’s regulation of food safety standards. Modifications to background screening standards were made in this section in accordance with the new law implemented by Senate Bill 7069. Additional modifications were made based on request for clarification to the current fire safety language.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rules impose no new transactional cost to child care providers. The elimination of the Department of Health’s food hygiene regulatory authority over child care facilities means that facilities will see a reduction in overall annual licensing/permit fees. The proposed rules include a new requirement that a facility that provides food service must have a staff person who is a certified food service manager. The food service manager certification will require the designated facility personnel to complete a course offered by an approved private provider, but the fee charged for that course is more than offset by the elimination of the annual permit fee previously charged by the Department of Health. Therefore, there is no adverse fiscal impact on licensed facilities.
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: 402.305 FS.
LAW IMPLEMENTED: 402.305 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 29, 2010, 10:00 a.m.
PLACE: ublic Hearing held via teleconference: To join the Teleconference go to https://www.livemeeting.com/cc/1317_winewood_blvd/join?id=N3Q72K&role=attend&pw=PRF%2Fz%40q3m and call 1-888-808-6959, enter conference code 488-4900.
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 5 days before the workshop/meeting by contacting: Dinah Gallon, Child Care Program, 1317 Winewood Blvd., Bldg. 6, 3rd Floor, Room 388, Tallahassee, Florida 32399-0700 or call [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: Dinah Gallon [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65C-22.001 General Information.

(1) No change.

(a) Application for a license or for renewal of a license to operate a child care facility must be made on CF-FSP Form 5017, October 2010 March 2009, Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the department’s website at www.myflorida.com/childcare.

(b) No change.

(c) The completed CF-FSP Form 5017 must be signed by the individual owner, prospective owner, or the designated representative of a partnership, association, or corporation, and must include submission of background screening documents for the owner/operator, and an approved fire and environmental health inspections.

(d) through (e) No change.

(2) through (11) No change.

Rulemaking Authority 402.305, 402.309 FS. Law Implemented 402.305, 402.309, 402.3055, 402.308, 402.310 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07, 5-1-08, 1-13-10, 7-29-10,________.

 

65C-22.005 Food and Nutrition.

(1) Nutrition.

(a) If a facility chooses to supply food, it shall provide nutritious meals and snacks of a quantity and quality to meet the daily nutritional needs of the children. The USDA MyPyramid, September April 2005, which is incorporated by reference, shall be used to determine what food groups to serve at each meal or snack, and the serving size of the selected foods for children ages two and older. The categories “oils” and “discretionary calories” may not be considered food groups. Copies of the USDA MyPyramid may be obtained from the USDA website at www.mypyramid.gov. Using the USDA MyPyramid, breakfast shall consist of at least three different food groups, lunch and dinner shall consist of at least four different food groups, and snacks shall consist of at least two different food groups. If a facility chooses to serve breakfast and lunch, milk must be served with at least one of the meals provided. If a facility chooses to serve dinner, milk must be served with this meal.

(b) Operators who participate in the USDA Food Program shall provide nutritious meals and snacks in accordance with the Department of Health and the USDA requirements.

(c)(b) If a facility chooses not to provide meals and snacks, arrangements must be made with the custodial parent or legal guardian to provide nutritional food for the child.

(d)(c) If a special diet is required for a child by a physician, a copy of the physician’s order, a copy of the diet, and a sample meal plan for the special diet shall be maintained in the child’s file. If the custodial parent or legal guardian notifies the child care facility of any known food allergies, written documentation must be maintained in the child’s file for as long as the child is in care. Special food restrictions must be shared with staff and must be posted in a conspicuous location.

(e)(d) Meal and snack menus shall be planned, written, and posted at the beginning of each week. Menus shall be dated and posted in the food service area and in a conspicuous place accessible to parents. Any menu substitution shall be noted on the menu. Daily meal and snack menus shall be maintained for a minimum of twelve four months for review by the Department licensing purposes. Operators who participate in the USDA Food Program must keep menus in accordance with the Department of Health and the USDA requirements.

(2) Food Hygiene Preparation Area. All licensed child care facilities that store, prepare, and/ or serve food to the children in care must comply with the following requirements: approved by the Environmental Health Section to prepare food shall have documentation on file from the Department of Health verifying the facility meets the applicable requirements as specified in Chapter 64E-11, F.A.C., Food Hygiene.

(a) Application acknowledging food service. All child care facilities that store, prepare, and/or serve food to the children in care must identify annually the type of food services provided on CF-FSP Form 5017, March 2009, Application for a License to Operate a Child Care Facility, which is incorporated by reference. A copy of the application may be obtained from the Department’s website at www.myflorida.com/childcare.

(b) Facilities must comply with the following rules from Chapter 64E-11, F.A.C., which are incorporated by reference:

1. 64E-11.001, Food Hygiene – General;

2. 64E-11.002, Definitions;

3. 64E-11.003, Food Supplies;

4. 64E-11.004, Food Protection;

5. 64E-11.005, Personnel;

6. 64E-11.006, Food Equipment and Utensils;

7. 64E-11.007, Sanitary Facilities and Controls;

8. 64E-11.008, Other Facilities and Operations;

9. 64E-11.009, Temporary Food Service Events;

10. 64E-11.010, Vending Machines;

11. 64E-11.011, Procedure When Infection is Suspected;

12. 64E-11.014, Mobile Food Units.

(c) Manager Certification and Training.

1. All child care facilities that store, prepare, and/or serve food to the children in care shall designate in writing a food service manager.

2. The designated food service manager shall have passed a written certification test from one of the following providers: National Registry of Food Safety Professional [phone], National Restaurant Association [phone], or Thomson Prometric [phone].

The certified manager shall also maintain a copy of their active manager certification on site for review by the Department. The manager certification is active for five years from the date of issuance and must be renewed timely.

3. All additional food service employees or any employee who works in the kitchen and/or serves food shall complete the “Serving Safe Food in Child Care” course offered by the National Food Service Management Institute at The University of Mississippi. The course is a four-hour online course that can be accessed via the National Food Service Management Institute website. A copy of the certificate indicating course completion must be available for review by the Department. This is a one-time training requirement that must be completed prior to preparing and/or serving food to the children in care. This training may be counted toward completion of the employee in-service training requirement only one time for each employee.

4. The facility must, within 90 days of the date that the certified food service manager separates from employment at the facility or is relieved of food service management responsibilities, designate in writing a food service manager who has passed a written certification test from one of the providers listed in paragraph (2)(c)2. of this rule.

(d) Inspections, violations, and administrative action

1. Facilities will be subject to inspections that must be documented on Department of Health form DH 4023, Jan. 2005, which is incorporated herein by reference.

2. The food service operations of the facility must close down immediately if there is a loss of power services, and/or water services, and/or sewage issues that affect the kitchen area. The operator must notify the Department within four hours as to their operational status in order for the Department to ensure health standards are being met for continued operation.

3. In the event that a child or children at the facility are sickened as a result of a violation of the food hygiene standards established by this rule, the facility will be subject to progressive sanctions in accordance with the schedule for Class I violations provided in Rule 65C-22.010, F.A.C.

4. A “stop sale action” means that a violation of food service standards has been observed that poses an immediate threat to the safety of food requiring the food item(s) in question be destroyed or otherwise rendered unusable at the time of inspection. Violations resulting in a “stop sale action” must be documented on Department of Health DH form 4045, Feb. 1999, which is incorporated herein by reference. Re-occurring “stop sale actions” subject the facility to progressive sanctions in accordance with the schedule for Class II violations provided in Rule 65C-22.010, F.A.C.

5. Other violations of food service standards that do not result in a “stop sale action” will subject the facility to progressive sanctions in accordance with the schedule for Class III violations provided in Rule 65C-22.010, F.A.C.

6. In the event that the Department determines that a child care facility’s regular food service operation fails to comply with the food hygiene standards established in this rule such that continued operation of regular food service presents an imminent danger to the health and safety of the children being served, the Department will require that the facility immediately cease regular food service. Closure of the regular food service operation will not otherwise affect the operation of the facility, provided that the facility makes alternative arrangements to provide food for the children as needed. The facility must notify parents that the regular food service has been closed and must inform them of the alternate arrangements that have been made. The Department will document the closure on Department of Health form DH 4023, Jan 2005 used for inspection purposes. The facility must post the food service inspection report in a conspicuous place accessible to parents for the duration of the closure. Any food service operation closed under this rule shall remain closed until the standards violation that produced the closure has been remedied.

(e) Any organized food preparation activity in which children in care may participate as part of a planned curriculum must be under the direct supervision of a staff person who is knowledgeable in food hygiene safety and who has completed at minimum the “Serving Safe Food in Child Care” course required in paragraph (c) of this section.

(3) No change.

Rulemaking Authority 402.305 FS. Law Implemented 402.305 FS. History–New 6-1-97, Amended 3-17-99, 7-26-00, 1-4-01, 7-13-03, 9-12-04, 4-12-07, Repromulgated 5-1-08, Amended 1-13-10,_________.

 

65C-22.008 School Age Child Care.

(1) through (2)(c) No change.

(d) Application for licensure. Application for a license or for renewal of a license to operate a school-age child care program must be made on CF-FSP Form 5017, October 2010 March 2009, Application for a License to Operate a Child Care Facility, which is incorporated by reference. CF-FSP Form 5017 may be obtained from the department’s website at www.myflorida.com/childcare.

1. No change.

2. The completed CF-FSP Form 5017 must be signed by the individual owner, or prospective owner, or the designated representative of a partnership, association, or corporation, and must include submission of background screening documents for the owner/operator, and an approved fire and environmental health inspections.

3. through 4. No change.

(e) No change.

(3) No change.

(a) through (d) No change.

(e) General Requirements.

1. All school-age child care program facilities must be clean, in good repair, and free from health and safety hazards and from vermin infestation. During the hours that the program is in operation, no portion of the building shall be used for any activity which endangers the health and safety of the children. It is the responsibility of the director/owner that all areas of the facility are free from fire hazards, such as candles, incense, plug-in air fresheners, lint and dust build up in heating and air vents, filters, exhaust fans, ceiling fans, and dryer vents.

2. through 8. No change.

(f) through (j) No change.

(k) Health and Sanitation.

1. No change.

2. Employees, volunteers, and children shall wash their hands with soap and running water, dry thoroughly and follow personal hygiene procedures for themselves, or while assisting others, prior to eating, and immediately after outdoor play.

3. No change.

4. School-age child care programs must have written documentation from the local Environmental Health Unit that they have either met or have been exempted from local environmental health standards.

(l) through (o) No change.

(p) Nutrition.

1. If a school-age child care program chooses to supply food, it shall provide nutritious meals and snacks of a quantity and quality to meet the daily nutritional needs of the children. The USDA My Pyramid, September April 2005, shall be used to determine what food groups to serve at each meal or snack and the serving size of the selected foods for children ages two and older. Using the USDA My Pyramid, breakfast shall consist of at least three different food groups, lunch and dinner shall consist of at least four different food groups, and snacks shall consist of at least two different food groups. If a facility chooses to serve breakfast and lunch, milk must be served with at least one of the meals provided. If a facility chooses to serve dinner, milk must be served with this meal. The categories “oils” and “discretionary calories” may not be considered food groups. Copies of the USDA My Pyramid may be obtained from the USDA website at www.mypyramid.gov.

2. through 4. No change.

(q) Food Hygiene Preparation Area.

1. All licensed school-age child care facilities that store, prepare, and/or serve food to the children in care must comply with the following requirements programs: approved by the Environmental Health Section to prepare food shall have documentation on file from the Department of Health verifying the facility meets the applicable requirements as specified in Chapter 64E-11, F.A.C., Food Hygiene.

2. School-age child care programs must have written documentation from the local Environmental Health Unit that they have either met or have been exempted from local environmental health standards, specified in Chapter 64E-11, F.A.C., Food Hygiene, as it pertains to the food preparation area defined above.

a. Application acknowledging food service. All child care facilities that store, prepare, and/or serve food to the children in care must identify annually the type of food services provided on CF-FSP Form 5017, Application for a License to Operate a Child Care Facility, which is incorporated by reference. A copy of the application may be obtained from the Department’s website at www.myflorida.com/childcare.

b. Facilities must comply with the following rules from Chapter 64E-11, F.A.C., which are incorporated by reference:

I. 64E-11.001, Food Hygiene – General;

II. 64E-11.002, Definitions;

III. 64E-11.003, Food Supplies;

IV. 64E-11.004, Food Protection;

V. 64E-11.005, Personnel;

VI. 64E-11.006, Food Equipment and Utensils;

VII. 64E-11.007, Sanitary Facilities and Controls;

VIII. 64E-11.008, Other Facilities and Operations;

IX. 64E-11.009, Temporary Food Service Events;

X. 64E-11.010, Vending Machines;

XI. 64E-11.011, Procedure When Infection is Suspected;

XII. 64E-11.014, Mobile Food Units.

c. Manager Certification and Training.

I. All child care facilities that store, prepare, and/or serve food to the children in care shall designate in writing a food service manager.

II. The designated food service manager shall have passed a written certification test from one of the following providers: National Registry of Food Safety Professional [phone], National Restaurant Association [phone], or Thomson Prometric [phone].

The certified manager shall also maintain a copy of their active manager certification on site for review by the Department. The manager certification is active for five years from the date of issuance and must be renewed timely.

III. All additional food service employees or any employee who works in the kitchen and/or serves food shall complete the “Serving Safe Food in Child Care” course offered by the National Food Service Management Institute at The University of Mississippi. The course is a four-hour online course that can be accessed via the National Food Service Management Institute website. A copy of the certificate indicating course completion must be available for review by the Department. This is a one-time training requirement that must be completed prior to preparing and/or serving food to the children in care. This training may be counted toward completion of the employee in-service training requirement only one time for each employee.

IV. The facility must, within 90 days of the date that the certified food service manager separates from employment at the facility or is relieved of food service management responsibilities, designate in writing a food service manager that who has passed a written certification test from one of the providers listed in subparagraph (2)(c)2. of this rule.

d. Inspections, violations, and administrative action.

I. Facilities will be subject to inspections that must be documented on Department of Health form DH 4023, Jan. 2005, which is incorporated herein by reference.

II. The food service operations of the facility must close down immediately if there is a loss of power services, and/or water services, and/or sewage issues that affect the kitchen area. The operator must notify the Department within four hours as to their operational status in order for the Department to ensure health standards are being met for continued operation.

III. In the event that a child or children at the facility are sickened as a result of a violation of the food hygiene standards established by this rule, the facility will be subject to progressive sanctions in accordance with the schedule for Class I violations provided in Rule 65C-22.010, F.A.C.

IV. A “stop sale action” means that a violation of food service standards has been observed that poses an immediate threat to the safety of food requiring the food item(s) in question be destroyed or otherwise rendered unusable at the time of inspection. Violations resulting in a “stop sale action” must be documented on Department of Health DH form 4045, Feb. 1999, which is incorporated herein by reference. Re-occurring “stop sale actions” subject the facility to progressive sanctions in accordance with the schedule for Class II violations provided in Rule 65C-22.010, F.A.C.

V. Other violations of food service standards that do not result in a “stop sale action” will subject the facility to progressive sanctions in accordance with the schedule for Class III violations provided in Rule 65C-22.010, F.A.C.

VI. In the event that the Department determines that a child care facility’s regular food service operation fails to comply with the food hygiene standards established in this rule such that continued operation of regular food service presents an imminent danger to the health and safety of the children being served, the Department will require that the facility immediately cease regular food service. Closure of the regular food service operation will not otherwise affect the operation of the facility, provided that the facility makes alternative arrangements to provide food for the children as needed. The facility must notify parents that the regular food service has been closed and must inform them of the alternate arrangements that have been made. The Department will document the closure on Department of Health form DH 4023, Jan 2005 used for inspection purposes. The facility must post the food service inspection report in a conspicuous place accessible to parents for the duration of the closure. Any food service operation closed under this rule shall remain closed until the standards violation that produced the closure has been remedied.

e. Any organized food preparation activity in which children in care may participate as part of a planned curriculum must be under the direct supervision of a staff person who is knowledgeable in food hygiene safety and who has completed at minimum the “Serving Safe Food in Child Care” course required in paragraph (c) of this section.

(r) No change.

(s) Fire and Emergency Safety.

1. through 4. No change.

5. During the facility’s licensure year, the facility must conduct either a fire or emergency preparedness drill each month. Ffire drills shall be conducted a minimum of 10 times annually and be conducted at various dates and times when children are in care, and shall not occur less than 30 days apart. A current attendance record must accompany staff out of the building during a drill or actual evacuation, and be used to account for all children. The fire drills conducted must include, at a minimum:

a. through b. No change.

6. through 7. No change.

8. The operator shall develop a written emergency preparedness plan to include, at a minimum, procedures to be taken by the child care facility during a fire, lockdown, and inclement weather (tornadoes). The plan shall describe how the facility will meet the needs of the children during and after an emergency event, including facilitating parent/guardian reunification.

9. through 12. No change.

(t) No change.

(u) Record Keeping.

1. through 4. No change.

a. through c. No change.

d. Prior to beginning volunteering in a school-age program, a CF-FSP 5217, August 2010 March 2009, Volunteer Affidavit, which is incorporated by reference, and may be obtained from the department’s website www.myflorida.com/childcare, must completed and on file at the facility for the volunteer.

e. No change.

(I) Level 2 screening as defined in Section 435.04., which includes at a minimum, a national criminal records check conducted by the Federal Bureau of Investigations (FBI), a criminal history check conducted by the Florida Department of Law Enforcement (FDLE), and a local criminal records check through local law enforcement agencies FBI, FDLE, and local law enforcement records checks.

(II) No change.

(III) CF Form 1649A, August 2010, Affidavit Child Care Attestation of Good Moral Character, which is incorporated by reference, must be completed for all child care personnel at time of initial screening or upon a change in employers annually. CF Form 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

f. Re-Screening. A screening conducted under this rule is valid for five years, at which time a statewide re-screen must be conducted in the same manner as the initial screening.

(I) No change.

(II) The five year re-screen must include, at a minimum, a national criminal records check conducted by the Federal Bureau of Investigations (FBI), a criminal history check conducted by through Florida Department of Law Enforcement (FDLE), and a local criminal records check through local law enforcement agencies statewide criminal records checks through the Florida Department of Law Enforcement (FDLE) and a local criminal records check.

(III) CF 1649A, Child Care Attestation of Good Moral Character, which is incorporated by reference, must be completed for all child care personnel annually. A copy of the CF 1649A may be obtained from the department’s website at www.myflorida.com/childcare.

(III)(IV) A copy of all background screening clearance documents for the director and owner must be included in the department’s official licensing file or in accordance with the appropriate local licensing agency requirements.

g. through j. No change.

5. No change.

(4) No change.

Rulemaking Authority 402.305 FS. Law implemented 402.305 FS. History–New 9-12-04, Amended 4-12-07, 5-1-08, 1-13-10, 7-29-10,_________.

 

65C-22.010 Enforcement.

(1) Definitions.

(a) through (d) No change.

1. “Class I Violation” is an incident of noncompliance with a Class I standard as described on CF-FSP Form 5316, October 2010 March 2009. Child Care Facility Standards Classification Summary, which is incorporated by reference. A copy of the CF-FSP Form 5316 may be obtained from the department’s website at www.myflorida.com/childcare. Class I violations are the most serious in nature, pose an imminent threat to a child including abuse or neglect and which could or does result in death or serious harm to the health, safety or well-being of a child.

2. through 4. No change.

(2) No change.

Rulemaking Authority 402.305,402.310 FS. Law Implemented 402.305, 402.310 FS. History–New 5-1-08, Amended 1-13-10,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dinah Gallon
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Don Winstead
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 21, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 20, 2010