The purpose of this rule is to establish inspection procedures and best management practices to enhance the safety of fresh tomatoes packed or repacked in Florida and to implement sections 11-13 of Chapter 2007-67, Laws of Florida, adopted during ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food Safety

RULE NO: RULE TITLE
5K-4.002: Adoption of Federal Regulations and Other Standards
5K-4.020: Food Permits; Requirements and Fees
5K-4.021: Food Manager Certification
5K-4.029: Tomato Packing Houses
PURPOSE AND EFFECT: The purpose of this rule is to establish inspection procedures and best management practices to enhance the safety of fresh tomatoes packed or repacked in Florida and to implement sections 11-13 of Chapter 2007-67, Laws of Florida, adopted during the 2007 Legislative Session. Procedures and processes will be developed to include sanitation and safety inspections of tomato packing and repacking houses. Guidelines adopted by FDACS entitled The Tomato Best Practices Manual (5G-6, F.A.C.), which also relate to packing house operations and post harvest handling, are essential to the adoption and implementation of this proposed rule and have been integrated to apply needed practices and procedures for safe production and handling of tomatoes. These rules will have an effect on those establishments permitted by the FDACS in the State of Florida who handle tomatoes from arrival at tomato packing houses through distribution.
SUBJECT AREA TO BE ADDRESSED: This rule development will address inspection, permit requirements and best practices in the tomato industry for packers, re-packers and workers.
SPECIFIC AUTHORITY: 500.09(1)(b), (3), (4), 500.12(1)(f), 570.07(6), 570.07(23), 570.481(1)(a) FS.
LAW IMPLEMENTED: 500.03(1)(j), (n), 500.09(1)(b), (4), 500.12(1)(a), (f), 500.147(6), 570.48(2)(e), 570.481(1)(a), (b) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; telephone: [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5K-4.002 Adoption of Federal Regulations and Other Standards.

(1) through (3) No change.

(4) Food Code – Provisions Adopted.

(a) No change.

(b) All provisions in the “2001 Food Code” and the “Supplement to the 2001 Food Code,” hereafter identified as “FDA Food Code”, that are adopted herein by reference shall apply to all food establishments regulated by the Florida Department of Agriculture and Consumer Services unless specifically exempted within this rule chapter. Interested parties may obtain copies of this publication by contacting the U.S. Government Printing Office, Superintendent of Documents, P. O. Box 371954, Pittsburgh, PA 15250-7954. Copies are also 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, Room 289, Tallahassee, Florida 32399-1650.

(c) No change.

(5) No change.

Specific Authority 500.09, 500.12(1)(f), 500.12(5)(d), 500.12(6), 500.303, 500.304, 500.459, 570.07(23), (24) FS. Law Implemented 500.03, 500.032, 500.04, 500.09, 500.10, 500.11, 500.12(4)(a), 500.121, 500.13, 500.147, 500.166, 500.169, 500.172, 500.301, 500.303, 500.304, 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,________.

 

5K-4.020 Food Permits; Requirements and Fees.

(1) As used in this rule, the following definitions shall apply in determining food permit fees:

(a) through (bb) No change.

(cc) Tomato Packing House means any establishment that washes, packs, or otherwise treats tomatoes in their unpeeled, natural form before they are marketed.

(dd)(cc) Wholesale bakery. A food establishment that bakes breads, pastries or other similar baked goods, primarily for wholesale distribution.

(2) through (6) No change.

Specific Authority 500.09, 500.12(1)(b), 500.12(1)(f), 570.07(23) FS. Law Implemented 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(7), 500.121, 500.171, 500.172, 500.177, 570.15 FS. History–New 1-10-93, Formerly 5E-6.020, Amended 8-8-95, 3-11-98, 3-6-01, 10-30-01, 1-1-03, 11-1-04, 11-5-07, 10-28-08,                ________.

 

5K-4.021 Food Manager Certification.

(1) through (2) No change.

(3) Food establishments shall designate in writing its food manager or managers. The designation shall be posted in a conspicuous place within the food establishment. The following types of food establishments are not required to designate a certified food manager:

(a) Food establishments that are not required to obtain a food permit in accordance with subsections 500.12(1)(a)1.-3., F.S.;

(b) Food establishments that store, sell, or store and sell only pre-packaged, non-potentially hazardous foods that arrive at the food establishment in a pre-packaged state and that are not opened or otherwise further processed by the food establishment;

(c) Food establishments that only process seafood and that are in full compliance with the mandatory HACCP provisions in paragraph 5K-4.002(1)(a), F.A.C.

(d) Tomato packing houses.

(4) through (11) No change.

Specific Authority 500.12(6), 570.07(23) FS. Law Implemented 500.12(6) FS. History–New 1-11-94, Formerly 5E-6.021, Amended 1-23-97, 5-25-98,________.

 

5K-4.029 Tomato Packing House.

(1) PURPOSE.

(a) This rule establishes inspection procedures and best management practices to enhance the safety of fresh tomatoes packed or repacked in Tomato Packing Houses in Florida, as provided by Chapters 500 and 570, F.S.

(b) In addition to the requirements in statute, Chapters 500 and 570, F.S., and applicable Department rules in Chapters 5K-4 and 5G-6, F.A.C., Tomato Packers and Repackers shall comply with the following rules.

(2) DEFINITIONS.

(a) “Department” means the Florida Department of Agriculture and Consumer Services.

(b) “T-BMP” means Tomato Best Management Practices as specified in The Tomato Best Practices Manual as adopted and incorporated by reference in Department Chapter 5G-6, F.A.C.

(c) “Tomato Packing House” means any establishment that washes, packs, or otherwise treats tomatoes in their unpeeled, natural form before they are marketed.

(3) INSPECTION.

(a) Regulatory inspections will be performed as frequently as needed to verify adherence to The Tomato Best Practices Manual for product packed or repacked and will be performed at least once annually in packing houses by the Department.

(b) Tomato packers and repackers shall comply with the requirements specified in The Tomato Best Practices Manual, as adopted and incorporated by reference in Department Rule 5G-6.009, F.A.C. A copy of this document may be obtained by contacting the Division of Fruit and Vegetables by mail at P. O. Box 1072, Winter Haven, Florida, 33881-3403; by telephone at [phone]; or, electronically through the Department Internet website at http://www.doacs.state.fl.us/fs/other.html.

(c) Tomato Packing Houses are exempt from compliance with the provisions of chapters 3 through 7 of the “FDA Food Code” as adopted in this rule chapter, paragraph 5K-4.002(4)(b), F.A.C.

(d) A handwashing sink supplied with running water shall be maintained within a tomato packing house so that it is accessible at all times for employee use and such sinks may not be used for purposes other than handwashing. Food employees shall use the designated handwash sink to wash their hands as specified in Chapter 2 of the FDA Food Code.

(e) Tomatoes in Tomato Packing Houses shall be protected from contamination after rinsing or sanitization by storing the tomatoes in a clean, dry location where exposure to splash, dust, or other contamination is minimized. Tomatoes may not be stored:

1. In locker rooms;

2. In toilet rooms;

3. In dressing rooms;

4. In garbage rooms;

5. In mechanical rooms;

6. Under sewer lines that are not shielded to intercept potential drips;

7. Under leaking water lines or under lines on which water has condensed;

8. Under open stairwells; or

9. Under other sources of contamination.

Specific Authority 500.09(1)(b), (3), (4), 500.12(1)(f), 570.07(6), 570.07(23) FS. Law Implemented 500.03(1)(j), (n), 500.09(1)(b), (4), 500.12(1)(f), 570.48(2)(e) FS. History–New_________.