The proposed changes will update the rules consistent with changes in section 381.0072, F.S., incorporate provisions of the 2013 Food and Drug Administration (FDA) Food Code, reduce rules, and increase clarity.

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NOS.:RULE TITLES:

64E-11.002Definitions

64E-11.003Food Supplies

64E-11.004Food Protection

64E-11.005Personnel

64E-11.006Food Equipment and Utensils

64E-11.007Sanitary Facilities and Controls

64E-11.008Other Facilities and Operations

64E-11.009Temporary Food Service Events

64E-11.010Vending Machines

64E-11.012Manager Certification

64E-11.013Sanitation Certificates and Fees

64E-11.014Mobile Food Units

64E-11.015Afterschool Meal Program

PURPOSE AND EFFECT: The proposed changes will update the rules consistent with changes in section 381.0072, F.S., incorporate provisions of the 2013 Food and Drug Administration (FDA) Food Code, reduce rules, and increase clarity.

SUMMARY: The proposed changes to Chapter 64E-11 will amend the definitions, reduce the individual rules and combine them into an inclusive food hygiene standards rule, and incorporate the applicable provisions of the 2013 FDA Food Code.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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: 154.06, 381.006, 381.0072 FS.

LAW IMPLEMENTED: 154.06, 381.006, 381.0072 FS.

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: VaKesha Brown at [e-mail] or at [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64E-11.002 Definitions.

Unless defined below, terms and phrases have the same definition provided in paragraph 1-201.10(B), Food Code, 2013 Recommendations of the United States Public Health Service, Food and Drug Administration, NTISP PB2013-110462 (“Food Code”). The Food Code is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(1) through (3) No change.

(4) Approved Source – Food originated from an establishment that is under the regulatory authority of a state or federal agency.

(5)(4) “Bars and Llounges” – A facility which possesses a consumption on premises alcoholic beverage license from the Division of Alcoholic Beverages & Tobacco; where food service is limited to:

(a) The preparation of drinks; or

(b) The service of non-potentially hazardous snack foods (such as, chips, popcorn and pretzels); or

(c) The service of time/temperature control for safety potentially hazardous foods and no preparation of time/temperature control for safety potentially hazardous food occurs.

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

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

(a) Possesses tax exempt status under 26 U.S.C. section 501(c)(4); or

(b) Is incorporated and 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, whether for profit or not.

(8)(7) No change.

(9) Community Based Residential Facility – A facility as defined in Rule 64E-12.002, of the Florida Adminstrative Code.

(8) “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) “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) “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) “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) “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) “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.

(10)(14) “Extensively Rremodeled” – For the purpose of this chapter, the term extensively remodeled means Sstructural changes to an existing establishment which costs in excess of 50 percent of the establishment’s assessed value, of the facility as indicated determined by the county property appraiser.

(11)(15) No change.

(16) “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) “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.

(12)(18) No change.

(13)(19) “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 possesses possess a charter.

(14) Frankfurter – As defined in 9 C.F.R. § 319.180 (01-01-1998).

(15)(20) No change.

(21) “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) “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) “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.

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

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

(18)(26) No change.

(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; or education. Examples of such places include state mental health facilities, substance abuse treatment facilities, jails or prisons, hospitals, schools, colleges and universities.

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

(19)(29) “Limited Ffood Sservice Operation 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, regardless of the level of food preparation, provided the concession stand is only operated in conjunction with sporting events, festivals, or similar activites, as well as satellite kitchens that dispense catered meals and similar facilities.

(30) through (32) renumbered (20) through (22) No change.

(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. The term also includes any other food service operation that has not been defined elsewhere in this chapter, but is located on the premises of an establishment regulated by the department under Section 381.0072, F.S. Examples include restaurants, delicatessens, establishments that primarily prepare and serve nonalchoholic beverages such as coffee and smoothies, and retail food stores that provide food service, but which are not licensed under Chapter 500 or 509, F.S.

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

(24)(35) No change.

(36) “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) Capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms; or

(b) Capable of supporting the slower growth of Clostridium botulinum.

(c) The term “potentially hazardous food” does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less, or air-cooled hard-boiled eggs with the shell intact.

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

(26)(38) No change.

(39) “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) Unpackaged potentially hazardous food that is cooked to the temperature and time required for the specific food under Rule 64E-11.004, F.A.C.;

(b) Raw, washed, cut fruits and vegetables;

(c) Whole, raw, fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet; and

(d) Other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed.

(27)(40) No change.

(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.

(28)(42) No change.

(29) Safe Temperature – 135 degrees Fahrenheit or above or 41 degrees Fahrenheit or below.

(43) “Safe materials” – Articles manufactured from or composed of materials that may not be expected to result, See possible conflict with “safe temperature” in 64E-11.003(2)(b) on next page.

directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food.

(44) “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.

(30)(45) “Snack” – A commercially pre-packaged, non-time/temperature control for safety non-potentially hazardous ready-to-eat-food item that is wrapped for individual consumption.

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

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

(31)(49) No change.

(32)(50) “Theater” – A facility that shows motion pictures and offers food, such as popcorn, hot dogs, soft drinks, nachos and cheese, and pre-packaged snack items, for consumption by 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) “Utensils” – Implements such as pots, pans, ladles or food containers used in the preparation, storage, transportation or serving of food.

(52) “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.

(33)(53)No change.

Rulemaking 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, 4-1-09,            .

 

64E-11.003 Food Hygiene Standards.

(1) Food Supplies – Except as specifically provided in this subsection, the standards for food supplies are governed by Part 3-2 of the Food Code, as incorporated by reference in Rule 64E-11.002, F.A.C. 

(a) Food received or used in food service establishments must shall be from sources approved or considered satisfactory by the department and must shall be clean, wholesome, free from spoilage, adulteration and misbranding, and safe for human consumption. Food must It shall have been prepared, processed, handled, packaged, transported and stored in a sanitary manner so as to be protected from contamination and spoilage.

(2) Milk and milk products, including fluid milk, other fluid dairy products and manufactured milk products shall meet the standards of quality established for such products by applicable state laws and rules. Only pasteurized milk and milk products shall be used or served. Reconstituted dry milk and dry milk products may be used for cooking, baking, or fortification purposes. Non-dairy creaming, whitening or whipping agents may be reconstituted on the premises.

(3) Frozen desserts and frozen dessert mixes shall not exceed a standard plate count of 50,000 per gram nor a coliform count of 10 per gram. The standard plate count does not apply to cultured products. Frozen dessert mixes reconstituted for use in a food establishment shall be pasteurized before use.

(4) Shellfish, including oysters, clams, and mussels, shall be obtained from food establishments that are licensed under a Federal or State Food Regulatory Program. The shipper’s name shall be on the current list of state certified shippers issued by the U.S. Food and Drug Administration. Shell stock containers shall be identified with an official attached tag giving the name and certificate number of the original shell stock shipper. Shucked oysters, clams or mussels shall be packed in non-returnable containers identified with the name and address of the packer or repacker, preceded by the abbreviated name of the state. Shucked shellfish shall be kept in the original container until used. Records shall be maintained by the food establishment that show the names and addresses of all persons from whom shellfish are received, date of receipt and quantity. Such records shall be open to inspection by the department and shall be maintained on site for a period of not less than 90 days after purchase.

(b)(5) No change.

(6) Only clean eggs with shells intact and without cracks or checks, pasteurized liquid, frozen or dry eggs or pasteurized dry egg products shall be used in the establishment; except that hard boiled, peeled eggs, commercially prepared and packaged may be used. Pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for shell eggs in the preparation of:

(a) Recipes calling for uncooked eggs, such as Caesar salad, hollandaise or bernaise sauce, noncommercial mayonnaise, eggnog, ice cream, and egg-fortified beverages; and

(b) Eggs for a highly susceptible population if the eggs are broken, combined in a container, and not cooked immediately or if the eggs are held before service following cooking.

(7) All packaged foods, including those packaged in hermetically sealed containers, shall have been processed and packaged in approved commercial food processing establishments.

(8) Food containers and packaged foods received and stored at food service establishments shall be in a condition which maintains the safety and integrity of the contents.

(c)(9) No change.

(2) Food Protection – Except as specifically provided in this subsection, the standards for food protection are governed by Parts 3-3 through 3-8 of the Food Code, as incorporated by reference in Rule 64E-11.002 

(a) Food while being transported, stored, prepared, displayed, served or sold at a food service establishment must be protected from dust, flies, rodents or other vermin, toxic materials, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding by sewage, overhead leakage and all other sources of contamination.   

(b) In the event of an emergency occurrence 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 a safe temperature, the person in charge must immediately notify the department.

(3) Personnel – Except as specifically provided in this subsection, the standards for personnel are governed by Parts 2-2 through 2-5 and Part 3-8 of the Food Code, as incorporated by reference in Rule 64E-11.002

(a) No person while affected with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, can work in any area of a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms, or transmitting disease to other individuals, and no person known or suspected of being affected with any such disease or condition can be employed in such an area or capacity. If the management of the food service establishment has reason to suspect that an employee has contracted any disease in a communicable form or has become a carrier of such disease that can be transmitted by normal food service operation, the department must be notified immediately. Both management and employee are responsible for compliance with the requirements of this section.

(b) Infants and children under 14 years of age are not permitted in food preparation areas. Only authorized individuals, necessary for the operation of the food service establishment, or as part of an organized educational event, are allowed in the food preparation or utensil washing areas.

(4) Food Equipment and Utensils – Except as specifically provided in this subsection, the standards for food equipment and utensils are governed by Chapter 4 of the Food Code, as incorporated by reference in Rule 64E-11.002.

(a) Every food service establishment must have equipment and utensils so designed, constructed, located, installed, maintained and operated as to permit full compliance with the provisions of this chapter. Only equipment necessary for the proper operation of the activities of the food service establishment is required.

(b) Equipment that is certified or classified for sanitation in accordance with American National Standards Institute/National Sanitation Foundation (ANSI/NSF) standards (Standard 2, July 1, 2002; Standard 3, July 1, 2001; Standard 4, April 26, 2002; Standard 6, December 6, 2002; Standard 7, April 1, 2001; Standard 8, December 26, 2002; Standard 12, November 1, 1992; Standard 13, August 1, 2001; Standard 18, August 29, 1996; Standard 20, July 1, 2000; Standard 25, December 26, 2002; Standard 29, November 1, 1990; Standard 36, January 1, 2002; Standard 37, April 26, 2002; Standard 51, June 14, 2002; and Standard 59, December 26, 2002) by an ANSI accredited program, are considered to be in compliance with Parts 4-1 and 4-2 of the Food Code.

(5) Sanitary Facilities and Controls – except as specifically provided in this subsection, the standards for sanitary facilities and controls are governed by Chapter 5 of the Food Code, as incorporated by reference in Rule 64E-11.002.

(a) Water Supply – The water supply must be adequate, of safe sanitary quality and from an approved source in accordance with provisions of Chapters 62-550 and 62-555, F.A.C., or Chapter 64E-8, F.A.C. Hot and cold running water under pressure must be provided in all areas where food is prepared and where equipment and multi-use utensils are washed.

(b) Sewage Disposal – Sewage must be disposed of in a public sewerage system or other approved sewerage system in accordance with provisions of Chapter 64E-6 or Chapter 62-600, F.A.C., whichever is applicable. Grease interceptors must be readily accessible for cleaning. Grease interceptors must be designed and installed in accordance with provisions of Chapter 64E-6, F.A.C., or the applicable plumbing authority.

(c) Plumbing – Plumbing must be sized, installed, and maintained in accordance with provisions of the applicable plumbing authority. The plumbing must provide adequate quantities of potable water to required locations throughout the establishment; prevent contamination of the water supply; properly convey sewage and liquid wastes from the establishment to the sewerage system; and must not constitute a source of contamination of food, equipment or utensils or create an unsanitary condition or nuisance. An indirect waste connection is required between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed.

(d) Handwashing Facilities – Lavoratories must be located in or immediately adjacent to all toilet rooms. At least one employee handwashing facility must be located within each food preparation area, within 20 feet of the duty station, visible and accessible through an unobstructed area.

1. For school concession stands existing and operating prior to January 2010, an employee handwashing facility is not required in an outdoor cooking area, provided that the outdoor cooking area is adjacent to a concession stand building that meets the employee handwashing facility requirements.

2. Where only prepackaged food items are served and workers do not open prepackaged items or otherwise come into contact with exposed food, a handwashing sink must be within 100 feet and on the same floor where food items are distributed.

(e) Garbage and Rubbish Disposal – All garbage and rubbish must be removed from the food establishment premises with sufficient frequency to prevent nuisance conditions and must be disposed of in accordance with provisions of Chapter 62-701, F.A.C.

(f) Vermin Control – Insecticides or pesticides, when used, must be used in full compliance with Chapter 5E-14, F.A.C.

(6) Other Facilities and Operations – Except as specifically provided in this subsection, the standards for other facilities and operations are governed by Chapters 6-7 of the Food Code, as incorporated by reference in Rule 64E-11.002.

(a) Ventilation – All rooms in which food is stored, prepared or served, utensils are washed, toilet, dressing and locker rooms and garbage storage areas must be well ventilated. Filters, where used, must be readily removable for cleaning unless designed to be cleaned in place. Ventilation systems must comply with applicable fire prevention requirements and must discharge in such a manner as not to create a nuisance. Intake and exhaust air ducts must be maintained to prevent the entrance of dust, dirt, and other contaminating materials.

(b) At least one utility sink or curbed cleaning facility with a floor drain must be provided and used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. The use of lavatories, utensil washing or equipment washing, or food preparation sinks for this purpose is prohibited.

1. Each utility sink or curbed cleaning facility must be supplied with hot and cold water under pressure.

2. School concession stands that operate only in conjunction with sporting events, festivals, or similar actvities are exempt from this requirement when a self-contained mopping apparatus is used in accordance with the manufacturer’s instructions and is available for use at all times and

a. The school concession stand was existing and operating prior to January 1, 2010, or

b. The school concession stand was constructed and operating on or after January 1, 2010, and the food operation is restricted to the service of prepackaged food items.

(c) Live Birds and Animals – No live birds or animals, excluding crustacea, shellfish, and fish in aquariums, are allowed in a food service establishment, in vehicles used for transporting food, or in any other area or facility used to conduct food service operations, except as provided under section 413.08, F.S. Live birds may be present in food service areas where adequate engineering controls of the ventilation system will prevent contamination of the facility, employees, or consumers.

(7) Temporary Food Service Events – Food service operations at temporary food service events must comply with all applicable sanitary requirements of this rule, unless otherwise exempted in this subsection.

(a) Notification – Temporary food service event sponsors or vendors must complete form DH8004-DCHP-02/2018, Temporary Food Service Event Application, 02/18, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(b) Facilitites – Specific requirements for the physical facility where the food service operation is to be conducted are based on the type food that is to be prepared or served, the length of the event, and the amount of food preparation that is to be conducted at the temporary facility.

1. If the food service operation is intended for the sale of only packaged, non-time/temperature control for safety (non-TCS) food or drink, the food packages must be protected from dust, dirt, and other sources of contamination during storage and serving.

2. Overhead protection must be provided at all food service operations when food is prepared or portioned on premises.

3. When time/temperature control for safety (TCS) food is prepared at temporary food service events of more than 3 days, the physical structure where the food preparation occurs must be protected from the entrance of flying insects and other vermin.

(c) All food and beverages served at temporary food service events must be from approved sources in accordance with provisions of this chapter or prepared on premises.

(d) All food served at temporary food service events must be protected in accordance with provisions of this chapter.

(e) Food and food-contact surfaces must be protected from contamination by customers and dust. Where necessary, effective shields or covers must be provided.

(f) Ice which will be consumed or which will come into contact with food must be obtained from an approved source. The ice must be held in a way that protects it from contamination until dispensed.

(g) Storage of packaged food in contact with water or undrained ice is prohibited. Beverage containers may be stored in direct contact with ice when:

a. The storage facility is equipped with adequate drains which preclude the accumulation of water during use;

b. The melt water is disposed of so as not to create a nuisance; and

c. The storage facility is kept clean.

(h) When all necessary washing and sanitizing of utensils and equipment are conducted at an approved commissary or food service establishment, a utensil washing sink is not required, provided that an adequate supply of spare preparation and serving utensils are maintained in the establishment and used to replace those that become soiled. A sanitizer solution in a bucket or spray bottle to adequately sanitize the food preparation surfaces must be available at all times.

(i) All food service operations which prepare food on premises must provide an adequate supply of potable water for cleaning and employee handwashing. An adequate supply may be provided in clean, portable containers equipped with on/off valves. Soap and single-service towels must be available for handwashing and hand drying.

(j) Equipment must be installed in such a manner that the establishment can be kept clean and the food will not become contaminated.

(k) Liquid waste which is not discharged into a sewerage system must be disposed of in a manner that will not create a public health hazard or a sanitary nuisance.

(l) Floor construction in establishments which prepare food on premises must be of durable material. Dirt or gravel subflooring can be used when graded to drain, and covered with platforms, duckboards, plastic film, wood chips, shavings, or similar suitable material such as a sufficient cover of grass or turf to control dust.

(m) Walls and ceilings, when required, must be constructed to minimize the entrance of flies and dust. Ceilings may be of wood, canvas, or other materials which protect the interior of the establishment from the elements and walls may be of such materials or of 16 mesh screening or equivalent. Doors to food preparation areas, when required, must be solid or screened and shall be self-closing. Counter service openings, for facilities with wall enclosures, must not be larger than necessary for the particular operation conducted and must be kept closed at all times, except when food is actually being served.

(n) All food service operations at temporary food service events without effective facilities for cleaning and sanitizing tableware must provide only single-service articles for use by the consumer.

(8) Vending Machines – Except as specifically provided in this subsection, the standards for vending machines are governed by Section 4-204.12 – Section 4-204.111 of the Food Code, as incorporated by reference in Rule 64E-11.002.

(a) Food Supplies – All foods, beverages, and ingredients offered for sale through vending machines offering time/temperature control for safety foods, which are located at food service establishments regulated under this Chapter, must be from approved sources in accordance with provisions of subsection (1); must be manufactured, processed, and prepared in an approved food service establishment or food processing plant; and must be delivered to the vending machine from an approved commissary or other approved food establishment.

(b) Food Protection – All food must be protected in accordance with provisions of subsection (2). A thermometer accurate to plus or minus 3 degrees Fahrenheit must be provided to indicate the air temperature of food storage compartments used for time/temperature control for safety foods.

(c) Cleaning – All food-contact surfaces of vending machines must be thoroughly cleaned and subjected to effective bactericidal treatment at scheduled intervals, based upon the type of product being dispensed, as approved by the department in accordance with provisions of subsection (4). A record of such cleaning and sanitizing operations must be maintained in each machine and must be current for at least the past 30 days. The cavities and door edges of microwave ovens and similar equipment, used in conjunction with the beverages or food from a vending machine, must be cleaned at least once a day and must be kept free of encrusted grease deposits and other accumulated soil. Food-contact surfaces of all equipment and utensils must be protected from contamination at all times, including while being transported from the commissary to the vending location.

(d) Single-Service Containers – All single-service containers which receive food or beverage from machines dispensing products in bulk must be purchased in sanitary cartons or packages, which protect the containers from contamination; must be stored in a clean dry place in the original carton or package until introduced into the container magazine or dispenser of the vending machine; and must be handled in a sanitary manner. Single-service containers stored within the vending machine must be protected from manual contact, leakage, dust, insects, rodents and other contamination.

(e) Equipment Location – Vending machines, ovens, and other equipment associated with the use of beverages or food from a vending machine, must be located in a room, area or space which can be maintained in a clean condition and which is protected from overhead leakage from drains, piping and other sources.

1. Each machine must be so located that the space around and under the machine can be readily cleaned and so that insect and rodent harborage is not created. The immediate area must be well lighted and ventilated. The floor area upon which vending machines are placed must be of such construction as to be easily cleaned and must be kept clean and in good repair.

2. Adequate handwashing facilities, including hot and cold running water, soap and individual, single-service towels must be located within 50 feet of machine locations where employees service bulk food machines. Handwashing facilities must be within 20 feet of machine locations where employees handle unpackaged or exposed foods.

(f) Interior Construction and Maintenance – All interior surfaces and component parts of vending machines must be so designed and constructed as to permit easy cleaning and shall be kept clean.

1. All food-contact surfaces of vending machines must be smooth, in good repair, and free of breaks, corrosion, open seams, cracks, and chipped places. The design of such surfaces must be such as to preclude routine contact between food and V-type threaded surfaces, except that in equipment where such contact is unavoidable, such as ice makers, such threads must be minimized. All joints and welds in food-contact surfaces must be smooth; and all internal angles and corners of such surfaces must be rounded to facilitate cleaning. If solder is used, it must be composed of safe materials and be corrosion resistant. All food-contact surfaces of vending machines, including containers, pipes, valves and fittings, must be constructed of non-toxic, corrosion resistant, and nonabsorbent materials and must be kept clean. All containers, valves, fittings, chutes and faucets which are in contact with food must be easily disassembled and when disassembled, all surfaces must be visible for inspection and cleaning. In machines of such a design that pipes or tubing are in contact with food but are not readily removable, in-place cleaning of such pipes and pipe fittings may be permitted; provided:

a. They are so arranged that cleaning and bactericidal solutions can be circulated throughout the fixed system;

b. Such solutions will contact all interior surfaces;

c. The system is self-draining or otherwise capable of being completely evacuated; and

d. The cleaning procedures result in thorough cleaning of the equipment.

2. The openings into all nonpressurized containers used for the storage of vendable foods and ingredients including water must be provided with covers which prevent contamination from reaching the interior of the containers. Such covers must be designed to provide a flange which overlaps the opening and must be sloped to provide drainage from the cover surface wherever the collection of condensation, moisture or splash is possible. Concave covers or cover areas are prohibited. Any port opening through the cover must be flanged upward at least three sixteenth inch and must be provided with an overlapping cover flanged downward. Condensation or drip deflecting aprons must be provided on all piping, thermometers, equipment, rotary shafts and other functional parts extending into the container, unless a watertight joint is provided. Such aprons must be considered as satisfactory covers for those openings which are in continuous use. Gaskets, if used, must be of a material which is nontoxic, stable, and nonabsorbent and must have a smooth surface. All gasket retaining grooves must be easily cleanable.

3. The delivery tube or chute and orifice of all bulk food vending machines must be protected from normal manual contact, dust, insects, rodents and other contamination. Design must be such as to divert condensation or other moisture from the normal filling position of the container receiving the food or beverage. The vending stage of such machines must be provided with a tight fitting, self-closing door or cover which is kept closed, except when food is being removed.

4. The food storage compartment and other compartments in refrigerated vending machines which are subject to condensation or cooling water retention must be so constructed as to be self-draining or must be provided with a drain outlet which permits complete draining of the compartment. In vending machines designed to store cartoned beverages, diversion devices and retention pans or drains for leakage must be provided. All such drains, devices and retention pans must be easily cleanable.

5. Opening devices which come into contact with the food or the food-contact surface of the containers must be constructed of smooth, nontoxic, corrosion resistant and nonabsorbent materials. Unless the opening device is of a single-service type, it must be readily removable for cleaning and must be kept clean. Parts of multi-use opening devices which come into contact with the food or food-contact surface of containers must be protected from manual contact, dust, insects, rodents and other contamination and such parts must be readily removable for cleaning and must be kept clean.

(g) Delivery of Foods, Equipment, and Supplies – Food, single-service containers, and food-contact surfaces of equipment, containers, and devices must be protected from the elements, dirt, dust, insects, rodents, and other contaminants while in transit to vending machine locations. Time/temperature control for safety foods must be maintained at safe temperatures while in transit.

(h) Personnel – Individuals servicing or replenshing these machines must comply with all applicable provisions of subsection (3), Rule 64E-11.012, and Rule 64E-11.013.

Rulemaking Authority 381.006, 381.0072 FS. Law Implemented 381.006, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.23, Amended 2-21-91, Retained here and Transferred to 7C-4.010, Amended 6-1-93, 8-28-96, Formerly 10D-13.023, Amended 3-15-98, 7-14-03,            .

 

64E-11.004 Food Protection.

Rulemaking Authority 381.0072 FS. Law Implemented 120.542, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.24, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.011, Amended 6-1-93, 8-28-96, Formerly 10D-13.024, Amended 3-15-98, 7-14-03, Repealed            .

 

64E-11.005 Personnel.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.25, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.012, Amended 6-1-93, Formerly 10D-13.025, Amended 3-15-98, 7-14-03, Repealed            .

 

64E-11.006 Food Equipment and Utensils.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.26, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.013, Amended 6-1-93, 8-28-96, Formerly 10D-13.026, Amended 3-15-98, 7-14-03, Repealed            .

 

64E-11.007 Sanitary Facilities and Controls.

Rulemaking Authority 381.006, 381.0072 FS. Law Implemented 381.006, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.27, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.014, Formerly 10D-13.027, Amended 3-15-98, 7-14-03, Repealed            .

 

64E-11.008 Other Facilities and Operations.

Rulemaking Authority 381.006, 381.0072 FS. Law Implemented 381.006, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.28, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.015, Amended 8-28-96, Formerly 10D-13.028, Amended 3-15-98, Repealed            .

 

 

64E-11.009 Temporary Food Service Events.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 6-1-93, Formerly 10D-13.0292, Amended 3-15-98, Repealed            .

 

64E-11.010 Vending Machines.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 6-1-93, Formerly 10D-13.0331, Amended 3-15-98, Repealed            .

 

64E-11.012 Manager Certification.

(1)(a) All managers who are responsible for the storage, preparation, display, and serving of foods to the public must shall have passed a written certification test which complies with section 509.039, Florida Statutes, within 30 days after the effective date of employment approved by the department demonstrating a basic knowledge of food protection practices. Those managers who successfully pass the certification examination will shall be issued a certificate which is valid for a period of five years from the date of issuance.

(2) All establishments must shall designate in writing the food service manager or managers for each location. Establishments that serve highly susceptible populations, or have three or more employees at one time engaged in the storage, preparation, display, or serving of food must shall have at least one certified manager present at all times when said activities are taking place. All other establishments must shall have a certified manager or managers responsible for all periods of operation, but said manager or managers need not be present at all times.

(3) It is shall be the responsibility of the certified manager or person in charge to train or ensure the training of managers to inform all employees under their supervision and control who engage in the storage, preparation, or serving of food, or cleaning of equipment, utensils, or food contact and non-food contact surfaces, and to do so in accordance with acceptable sanitary practices as described in this chapter. The trainings must be annual and provided to employees by March 31 of each year. Employees hired after the annual training has been provided for that calendar year must receive training within 30 days of being hired. The certified manager or person in charge managers must shall also maintain a copy of the establishment’s most recent regular food service inspection form provided by the department. Employees must shall present this inspection form to guests or patrons for their review upon their request.

(4)(b) If a food service establishment, which possesses a santitation certificate and initially met the requirements Managers employed on or after the effective date of this section, becomes noncompliant with paragraph (2) above, the food service establishment will chapter shall have a period of 30 90 days after the effective date of employment to become compliant with paragraph (2) above satisfactorily pass the required test.

(5) The food service employee training must inform the employee regarding basic public health food protection practices, as specified in this chapter and which relates to their assigned duties. Employees who prepare foods must be knowledgeable about safe methods of thawing, cooking, cooling, handling, holding, and storing foods. Service personnel must be knowledgeable about safe methods of food service. Employees who clean equipment and facilities must be knowledgeable about proper cleaning and sanitization methods. Employees responsible for maintaining the premises must be knowledgeable about proper insect and vermin control methods. Managers must obtain and maintain an attendance roster of all employees present during training. Both the training curriculum and attendance roster must be maintained for three years and available upon request by the department. Establishments that are not compliant with the employee training requirements and record retention of this section must schedule a training and testing with the department and pay any applicable fees. In lieu of the department providing training and testing, the establishment may schedule training and testing with an outside course provider, who in addition to providing employee-level training, is also an approved manager certification test provider. The training and testing for employees must be completed within 60 days of the violation, or prior to the renewal of the sanitation certificate, whichever comes first.

(2) The test shall be designed to assess the manager’s knowledge of basic public health food protection practices, including: receiving of food supplies; food storage, including dry, refrigerated and freezer storage; food protection and preparation practices including thawing of potentially hazardous food, techniques to minimize handling, recognition of critical temperatures during storage, preparation, cooking, serving, displaying and reheating; personal hygienic practices of employees during all phases of preparation and serving of food; equipment and utensil design and fabrication, installation and location as well as cleaning, sanitizing and storage; water supplies; sewage disposal; plumbing; bathroom and handwashing facilities; garbage and trash storage and disposal; insect and rodent control; general housekeeping including cleaning, maintenance, lighting and ventilation; control of toxic materials; premises sanitation and other miscellaneous activities which the manager needs to ensure are accomplished to prevent the occurrence of foodborne illness.

(3) The testing program shall demonstrate testing program compliance with one or more generally recognized measurement standards such as the Standards for Educational and Psychological Testing. Documentation of conformance shall include organization review and program evaluation by qualified psychometricians and shall demonstrate adherence in the areas of administrative independence; fairness; technical standards for test construction and evaluation including validity, reliability and errors in measurement, test development and revision, scaling, norming, score comparability and equating, and test publication; professional standards for test use including employment testing and professional and occupational certification; and related standards for testing linguistic minorities, testing people who have handicap conditions, test administration, scoring and reporting, protecting the rights of test takers and public information. Testing programs that provide documentation to the department of current accreditation by an accrediting organization as defined in the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs shall be considered as meeting the provision for testing programs of this section, provided that the Testing Program maintains its accreditation.

(4) Once approved, the testing program shall maintain and offer test(s) that comply with the current requirements of this chapter and shall notify and receive approval from the department prior to making any changes to the test. Within 120 days of receiving notification from the department that this chapter has undergone substantial changes, approved testing programs shall revise their certification test(s) to be consistent with the applicable changes and notify the department when such revisions have been completed.

(5) A test offered for compliance with this section shall be invalid when:

(a) It has not been approved by the department; or

(b) It is a previously approved test that has been changed without department approval; or

(c) Any applicable requirement of subsection (4) of this section is not met.

(6) Persons are shall be considered certified under these rules when a written examination is a requirement for licensure by the Florida Department of Health, Division of Medical Quality Assurance Business and Professional Regulation in a dietary field and when these persons have acquired and maintained an active the currency of this license, provided that they comply with subsection (2) above. The following establishments are also exempt from the manager certification requirements of this section, however, the establishment must have a person in charge:

(a) Any theater, if the primary use is as a theater and patron service is limited to food items customarily served to admittees of theaters such as popcorn, hot dogs, soft drinks, nachos and cheese, and pre-packaged snack foods;

(b) Establishments listed in sSection 381.0072, F.S., as being exempt from this certification;.

(c) Food service establishments that limit their food service operation to non-time/temperature control for safety prepackaged food items;

(d) Culinary arts and similar food programs, which do not offer, sale, or serve food beyond the program’s instructors and participants.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 2-21-91, Amended 5-12-92, Retained here and Transferred to 7C-4.023, Amended 6-1-93, 8-28-96, Formerly 10D-13.037, Amended 3-15-98, 7-14-03,            .

 

64E-11.013 Sanitation and Inspection Certificates and Fees.

(1) Sanitation Certificate Required.

(a) All food service establishment sanitation certificates shall expire on September 30. Initial sSanitation certificates issued for a period less than a calendar year will shall be prorated on a quarterly basis, in accordance with sSection 381.0072(4), F.S.

(b)1. Food service establishments containing multiple food operations housed in the same building, at the same location, under the same ownership and operation or concession stands operating on the premise of K-12 schools, must function according to either one of the following:

1a. Each food operation must shall operate under the umbrella of the sanitation certificate issued to the main food service operation, in which case the sanitation certificate must shall be posted in a conspicuous location at the main food service establishment, or

2b. Each food operation must shall be issued its own individual sanitation certificate, in which case each food service establishment must shall post their own sanitation certificate in a conspicuous location in their establishment. The owner or operator of the food service establishment must shall decide which of the sanitation certificate processes listed above, will be followed.

(c)2. Food service establishments where multiple food operations are located in different buildings at the same location regardless of ownership must shall each be issued their own individual sanitation certificate, in which case each such food operation must shall post their own sanitation certificate in a conspicuous location in their food service operation. School concession stands under the same ownership, may elect to comply with the provisions of (b)1. regardless of location, provided that the school concession stands are located on the same premises and there are no more than four concession stand operations.

(2) Application and Renewal of Sanitation Certificates.

(a) Each person who plans to construct, purchase, reopen, or operate a food service establishment or an establishment subject to the requirements of this chapter, must shall apply for and receive a sanitation certificate from the department prior to the commencement of operation. Applications for certificates must shall be made to the department on DH DOH Form 4086, Application for Sanitation Certificate, 02/18 7/98, which is incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX which can be obtained from the environmental health section of the county health department.

(b) Applications for sanitation certificates must shall be submitted accompanied with the facility plans as described in (c) below, the annual fee and any other applicable fee that is required in subsection (3).

(c) Prior to the renovation of a food service establishment, notification must shall be provided to the department. This notification must 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 must shall be submitted to and approved by the department. Plans may be submitted by the owner, prospective operator or their designated representative. All plans must shall comply with the requirements of this chapter. Plans must 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, and be accompanied by DH8003-DCHP-02/2018, Food Service Establishment Plan Review Application, 02/18, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. The department shall grant or deny approval of the plans in writing 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, F.S., and the provisions of this chapter.

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

(3) Fees.

(a) Fees must shall be submitted to the department for sanitation certificates, as well as the provision of other required public health services at food service establishments. Sanitation certificates must be renewed annually and the fee will not be prorated A food service establishment which applies for an annual certificate shall pay the full fee. Fees for all other sanitation certificates, such as change of ownership, reinstatement after revocation of a sanitation certificate, or new establishments, after the first quarter will shall be prorated on a quarterly basis. Proration will shall be based on the quarter the department receives an application for a Sanitation Certificate to operate a food service establishment. Upon request of the applicant, the initial fee for school concession stands may be prorated on a quarterly basis regardless of the date of application, provided that it does not operate for more than one quarter, the conditions of subparagraph (1)(b)1., do not apply, and the annual fee used to determine the prorated amount is prescribed by sub-subparagraph (b)5.b. below 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 must shall pay an annual or prorated fee to the department according to the following schedule:

ANNUAL SANITATION CERTIFICATE FEE OR INSPECTION FEE SCHEDULE Annual Sanitation Certificate Fee per Food Service Establishment:
	Total
1. Hospital	$250.00
2. Nursing Home	$250.00
1.3. Detention Facility	$250.00
2.4. Bar/Lounge	$190.00
3.5. Fraternal/Civic Organization	$190.00
4.6. Movie Theater Inspection	$190.00
5.7. School Cafeteria
a. Cafeteria requiring 3 routine inspections per Operating for 9 months out of a year	$170.00
b. Cafeteria requiring 4 routine inspections per year Operating for more than 9 months	$200.00
c. Concession Stand	$110.00
6.8. Community Based Residential Facility	$135.00
7. Afterschool Meal Program	$170.00
9. Other Food Service	$190.00
8. Prescribed Pediatric Extended Care Center 10. Child Care Center	$110.00
9.1. Limited Food Service Operation	$110.00
10. Caterering Operation 12.Caterer	$180.00
11.13.Mobile Food Unit	$180.00
12.14.Vending Machine Dispensing Time/Temperature Control for Safety Potentially Hazardous Food	$  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 described addressed in subparagraph (1)(b)1. above, of this rule), will shall be assessed a single annual fee of $300. That fee will 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 will shall cover the other food service facilities operating in that same building under the umbrella of the main food service establishment. This fee provision also applies to school concession stands that elect to comply with the provisions of paragraph (1)(b).

(d)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 described addressed in subparagraph (1)(c) above, (b)2., of this rule) will shall be assessed separate annual fees for each food operation based on the category of establishments listed in paragraph (3)(b) above.

(e)c. Except for school concession stands that elect to comply with the provisions of subparagraph (1)(b)1. above, fFood service establishments as described in paragraph (1)(c) with multiple food operations located in different buildings at the same location, regardless of ownership, will shall be assessed separate annual fees for each food operation based on the category of establishments listed in paragraph (3)(b) above.

(f)2. Vending machines dispensing time/temperature control for safety potentially hazardous food, catering operations caterers and mobile food units that are located at or operated from an establishment listed in sSection 381.0072, F.S., will shall be charged the fees listed in paragraph (3)(b) 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.

(g)(d) 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 per hour$  40.00

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. Alcoholic beverage inspection approval$  30.00

b. Requests for inspection$  40.00

4. Reinspection$  75.00

(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$100.00

b. Vendor or booth at an establishment or location$  50.00

     without an existing sanitation certificate

(h)(e) All fees collected pursuant to this section shall be deposited under a unique revenue code within the individual county health department trust fund to be used to meet the cost of carrying out that portion of the food hygiene program described in this chapter. All fees submitted to the department are nonrefundable, once review action has started been taken on the application.

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

(a) Food service establishments that only serve catered meals which have been prepared in an approved food establishment and where no warewashing, and no storage, re-heating, or re-service of the catered food takes place onsite; such as satellite kitchens at schools and other institutions, and similar operations.

(b) Food service establishments Child care facilities and other institutions that serve only snacks which are not kept overnight, 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.

Rulemaking 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, 4-1-09,_____.

 

64E-11.014 Mobile Food Units.

All mobile food units required to have vehicle identification numbers must shall submit their vehicle identification number to the department on the application for licensure. The license decal must shall be affixed to the mobile food unit. Mobile food units must shall comply with Rules 64E-11.001 through 64E-11.003 11.008 and Rules 64E-11.011 through 64E-11.013, F.A.C., except that such mobile food units are shall not be required to have employee/patron toilet facilities or mop sinks. No Moreover, no license will shall be granted to a mobile food unit until the following additional requirements have been met:

(1) A potable water supply system of sufficient capacity (minimum 5 gallons) to furnish an adequate quantity of hot and cold water for food preparation, cleaning, and handwashing purposes must shall be provided during all periods of operation. The water inlet must shall be located so that it will not be contaminated by waste discharge, road dust, oil or grease, and it must shall be kept capped unless being filled. It must shall be provided with a transition connection of a size or type that will prevent its use for any other service.

(2) through (4) No change.

(5) Mobile food units must shall operate from an approved commissary that meets all applicable requirements of this rule. The commissary must be provided with potable water and adequate facilities for disposal of liquid and solid waste. The mobile food unit must report to the commissary to store or replenish supplies, clean utensils, and equipment or dispose of liquid and solid waste. Mobile food units which are self-sufficient for equipment, storage, and utilities must report to the commissary at least once weekly or as often as needed to replenish supplies, clean the interior of the unit, or dispose of liquid or solid wastes. A letter from the commissary must will be submitted as part of the application confirming the arrangements above. A mobile food unit which is self-sufficient includes a three compartment sink for washing, rinsing, and sanitizing of equipment and utensils, a separate handwash sink, adequate refrigeration and storage capacity, full provision of power utilities including electrical, LP gas, or a portable power generation unit, and a liquid waste disposal system, and potable water holding tank in accordance with subsections (1) and (2) of this rule. Mobile food units which are not self-sufficient must report to their commissary at least once daily. The exterior of the unit may be washed in any location, provided the waste water does not create a sanitary nuisance.

(6) When a service area is provided at the commissary for cleaning and servicing mobile food units, the service area must shall include at least overhead protection for any supplying, cleaning or servicing operation. Such area must shall be physically separated from other food operations; must shall be equipped to furnish approved potable water in accordance with applicable provisions of Chapters 62-550 and 62-555 or Chapter 64E-8, F.A.C.; and must shall provide facilities for the drainage and disposal of liquid wastes in accordance with applicable provisions of Chapter 64E-6 or 62-600, F.A.C., and the plumbing authority. The surface of the servicing area must shall be constructed of a smooth, nonabsorbent material such as concrete or machine laid asphalt and must shall be maintained in good repair, kept clean and be graded to drain.

(7) Mobile food units which are limited to the sale of non-time/temperature control for safety potentially hazardous food only are shall be exempt from:

(a) The requirements of employee hand washing sink, provided that only pre-packaged items are offered; and

(b) The requirements of aA utensil washing sink will not be required when all necessary washing and sanitizing of utensils and equipment are conducted at a designated approved commissary or fixed food establishment. An adequate supply of spare preparation or serving utensils must shall be maintained in on the unit and used to replace any utensils that become contaminated.

(8) Mobile food units may temporarily connect to an approved utility system for a time period not to exceed one day’s operation, provided the utility system is adequate to meet the needs of the unit, sanitary facilities are made available for employees and patrons in accordance with the applicable plumbing authority, and the unit returns to its base commissary in accordance with at least on a daily basis as described in subsection (5) of this section.

(9) Mobile food units which limit the preparation of food to frankfurters only, must comply with all applicable requirements of this section, except that subsection (3) does not apply when adequate precautions are utilized to prevent contamination of the frankfurters during cooking operations. Potentially hazardous time/temperature control for safety foods such as chili, cooked onions and peppers, cheese, and cheese sauce may only be served in individually portioned and packaged or pre-packaged containers which are maintained at proper temperatures on the unit. Non-time/temperature control for safety foods such as relish, raw onions and peppers, and other such condiments may be served directly from the unit. Bulk beverages from approved sources may be dispensed from covered urns or other protected containers.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 3-15-98, Amended 7-14-03,______.

 

64E-11.015 Afterschool Meal Program.

(1) through (4) No change.

(5) Manual washing, rinsing and sanitizing – Sinks, drainboards and dishtables must shall be cleaned prior to use. A two-compartment sink may be used when warewashing is limited to a batch operation in which cleaning of kitchenware and tableware is suspended until the end of the service period. For batch cleaning, the following process applies:

(a) through (d) No change.

(e) In the second compartment use a sanitization method in accordance with Rule paragraph 64E-11.006(5)(a), F.A.C. If using a chemical sanitizer, the sanitizing agent must shall be the same chemical agent contained in the detergent-sanitizer; and

(f) No change.

(6) Drains – For an existing building with an existing food service operation, all drainage connections are considered shall be deemed acceptable if in good working order and capable of being maintained in a sanitary condition. Replacement materials and repairs must shall meet the requirements specified in Rule paragraph 64E-11.007(3)(b), F.A.C.

(7) through (9) No change.

(10) Time as a public health control – Time may be used in lieu of the holding temperature requirements of Rule 64E-11.003(2) subsection 64E-11.004(2), F.A.C., provided that time/temperature control for safety potentially hazardous foods are cooked or reheated in accordance with Rule 64E-11.003(2) 64E-11.004, F.A.C.; the Department is notified at least 14 days prior to the implementation of time as a public health control; and the Afterschool Meal Program:

(a) Provides the Department a copy of the written procedures, which at a minimum indicates the meal service times and the following:

1. The specific location where the time/temperature control for safety, which the potentially hazardous foods proposed for use under time as a public health control are prepared;

2. The proposed delivery schedule, if time/temperature control for safety potentially hazardous foods are received from an outside approved source: and

3. The names of the food workers who have been trained regarding these written procedures.

(b) Maintains a daily log for time/temperature control for safety potentially hazardous foods cooked or reheated onsite, which indicates the date, name of the time/temperature control for safety potentially hazardous foods, final cooking temperature, and the time that the final cooking temperature was reached. In addition, each time/temperature control for safety potentially hazardous food product or the container holding the product must shall be labeled with an expiration time, which must shall not exceed 4 hours from the time that the product reached the final cooking temperature. Time/temperature control for safety Potentially hazardous food products must shall be discarded upon reaching the expiration time or if no expiration time is indicated.

(c) Maintains a valid copy of the caterer’s license, if a catering operation caterer is used, and documents the name of food suppliers, for ready-to-eat time/temperature control for safety potentially hazardous food products that are not cooked or reheated onsite. In addition, a daily product log must shall be maintained that documents the following: the date, name, and quantity of the time/temperature control for safety potentially hazardous food products that are obtained or received; the time and temperature of time/temperature control for safety potentially hazardous food products received or obtained by the Afterschool Meal Program; the expiration time, which must shall not exceed 4 hours from the time that the Afterschool Meal Program takes possession of the time/temperature control for safety potentially hazardous food product; and the name and quantity of time/temperature control for safety potentially hazardous food products discarded.

(d) through (e) No change.

(11) During transport between food service establishments or while being transported from a food service establishment to another location, all food must be in covered containers or otherwise wrapped or packaged to ensure protection from contamination. Time/temperature control for safety food products must be kept at safe temperatures during all periods of transportation and delivery. Food utensils must be completely wrapped or packaged to protect them from contamination. Any time/temperature control for safety potentially hazardous food product that does not meet these the requirements of subsection 64E-11.004(20), F.A.C., must shall not be accepted or served by the Afterschool Meal Program Site.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History‒New 2-18-14,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: VaKesha Brown

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 13, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 06/14/17