The purpose and effect of the proposed rule development is to revise the definitions to adopt the 2017 U.S. Food and Drug Administration Food Code.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.001Definitions

PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to revise the definitions to adopt the 2017 U.S. Food and Drug Administration Food Code.

SUMMARY: The proposed rule development will address the definition of Food Code and the version of the U.S. Food and Drug Administration Food Code adopted by the division.

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:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 509.032 FS

LAW IMPLEMENTED: 509.032 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: Cindy Ross, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399; [phone]; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-1.001 Definitions

Except when otherwise defined in this rule, the definitions provided in paragraph 1-201.10(B), Food Code, 2017 2009 Recommendations of the United States Public Health Service/Food and Drug Administration; shall apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C. In addition, the following definitions apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C.

(1) through (11) No change.

(12) Food Code – This term as used in Chapters 61C-1, 61C-3, and 61C-4, F.A.C., means paragraph 1-201.10(B), sections 2-101.11, 2-102.11, 2-102.20(A), 2-103.11, 2-2, 2-3, 2-4, 2-5 Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, and sections 8-103.10, 8-103.11, and 8-103.12, 8-201.13, 8-201.14, 8-304.11(C), 8-304.11(D), 8-404.11, and 8-404.12 of the Food Code, 2017 2009 Recommendations of the United States Public Health Service/Food and Drug Administration including Annex 3: Public Health Reasons/Administrative Guidelines; Annex 5:Conducting Risk-based Inspections (https://www.flrules.org/Gateway/reference.asp?No=Ref-_____01536) herein adopted by reference. A copy of the Food Code, as adopted by the division, is available on the division’s Internet website www.myfloridalicense.com/DBPR/hotels-restaurants www.MyFloridaLicense.com/dbpr/hr. A copy of the entire Food Code is available on the U.S. Food and Drug Administration Internet website, https://www.fda.gov. Printed copies of the entire Food Code are available through the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312.

(13) through (29) No change.

PROPOSED EFFECTIVE DATE:  November 1, 2019

Rulemaking Authority 509.032 FS. Law Implemented 509.032 FS. History–Amended 9-20-63, 3-21-64, 1-7-70, Revised 2-4-71, Amended 10-18-71, 11-17-73, 12-18-74, 12-5-82, Formerly 7C-1.01, Amended 9-10-89, 12-31-90, 2-27-92, 11-4-92, Formerly 7C-1.001, Amended 3-31-94, 10-9-95, 9-25-96, 1-1-98, 12-6-00, 2-27-05, 8-12-08, 6-26-12, 1-1-13, 3-6-16,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven von Bodungen

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 06, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 13, 2019