The purpose and effect of this rule is to update federal regulations currently adopted to include new regulations enacted under the Federal Food Safety Modernization Act of 2011.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-4.002Adoption of Federal Regulations and Other Standards

PURPOSE AND EFFECT: The purpose and effect of this rule is to update federal regulations currently adopted to include new regulations enacted under the Federal Food Safety Modernization Act of 2011.

SUMMARY: This proposed rule will adopt by reference the parts pertaining to seed sprouts in 21 CFR 112 "Standards for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption" and will adopt by reference 21 CFR 117 "Current Good Manufacturing Practice, Hazard Analysis and Risk-Based Preventive Controls for Human Food" in its entirety.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The department's economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact.

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: 500.09, 500.12(1)(f), 500.12(5)(d), 500.12(6), 500.459, 570.07(23), (24) FS.

LAW IMPLEMENTED: 500.02, 500.03, 500.032, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.147, 500.166, 500.169, 500.172, 500.459, 570.07(2), (6), (9), (16), (18), (24), 570.0725 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: Brenda Morris, Chief of Food Inspections, Division of Food Safety, 3125 Conner Boulevard, Tallahassee, Florida 32399; Telephone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) No change. 

(a) through (d) No change.

(e) Code of Federal Regulations Title 21 – Food and Drugs, Part 112, Sections 112.3, 112.12, 112.44(a)(1)-(4),  112.140, 112.49(a), Subparts M-O pertaining only to sprouts, Part 117 (except for 117.80(c)(3) is amended to require refrigerated foods to be maintained at a temperature of 41 degrees Fahrenheit (5 degrees Celsius) or below and require that hot foods be maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or above revised as of April 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(f)(e) Code of Federal Regulations Title 40 – Protection of Environment, Part 180, (excluding subsection 180.6(d) and Section 180.101), revised as of July 1, 2013, http://www.flrules.org/Gateway/reference.asp?No=Ref-04646.

(2) through (4) No change.

Rulemaking Authority 500.09, 500.12(1)(f), 500.12(5)(d), 500.12(6), 500.459, 570.07(23), (24) FS. Law Implemented 500.02, 500.03, 500.032, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.147, 500.166, 500.169, 500.172, 500.459, 570.07(2), (6), (9), (16), (18), (24), 570.0725 FS. History–New 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, 3-1-09, 2-25-15, 1-16-17,  _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brenda Morris, Chief of Food Inspections

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2017