To conform the division’s bare hand food contact policy to the more stringent FDA 2017 Food Code requirements.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-4.010Sanitation and Safety Requirements

PURPOSE AND EFFECT: To conform the division’s bare hand food contact policy to the more stringent FDA 2017 Food Code requirements.

SUMMARY: The proposed rule will amend the division’s bare hand food contact policy to conform to the more stringent requirements of the 2017 FDA Food Code which is currently in the division’s adoption process.

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 economic review conducted by the agency.

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, 509.221 FS.

LAW IMPLEMENTED: 509.032, 509.035, 509.221 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-4.010 Sanitation and Safety Requirements

(1) Food Supplies and Food Protection – Except as specifically provided in this rule, public food service establishments shall be subject to the provisions of Chapter 3, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(a) through (c) No change.

(d) Paragraph 3-301.11(B) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., specifies that food service employees shall not contact ready-to-eat food with bare hands. However, paragraph 3-301.11(D) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., allows public food service employees to contact ready-to-eat foods with their bare hands if the operator of the public food service establishment maintains a written alternative operating procedure approved by the division. Such approval may be obtained by completing optional form DBPR Form HR 5022-049, Alternative Operating Procedure Checklist (AOP) (http://www.flrules.org/Gateway/reference.asp?No=Ref        05119), incorporated herein by reference and effective 2019 November 2014 September 11. The division will accept written procedures in another format as long as the written alternative operating procedure addresses all of the following required components listed in the Food Code, as adopted in Rule 61C-1.001, F.A.C .:

1. Identification of:

a. Specific work area(s), such as the sandwich prep line or cook line;

b. Employee position(s) where bare hand contact with ready-to-eat foods will occur;

c. Actual food preparation processes where bare hand contact with ready-to-eat food will be used; and

d. Employees’ procedures for handling ready-to-eat foods, which must also include how cross contamination from touching raw animal food and ready-to-eat food is precluded.

2. Identified employee positions whose duties may include handling of ready-to-eat foods with their bare hands must receive professional hygiene training in accordance with subsection 61C-4.023(4)(a), F.A.C., prior to any food handling activity. Training shall be provided to all employees assigned to positions which include handling ready-to-eat foods, emphasizing the importance of proper hand washing for all employees with bare hand contact with ready-to-eat food. Evidence of this training (content, employees, dates) shall be available to the division upon request.

3. Food service employees who handle ready-to-eat foods must thoroughly wash their hands before returning to their work stations and as needed during their work periods in accordance with the handwash requirements of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. Additionally, these food service employees who handle ready-to-eat foods with bare hands shall use a hand antiseptic solution which must comply with the specification provided in Section 2-301.16 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. The establishment must also fully comply with paragraph 5-203.11(A) and Section 5-204.11 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., regarding the number and location of hand washing lavatories.

4. The person in charge of the public food service establishment is responsible for verifying, prior to any food handling activity, that all food handling employees are in compliance with Sections 2-201.11, 2-201.12, and 2-201.13 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., as those sections relate to employee health status, exclusions, and restrictions.

5. The public food service establishment’s written alternative operating procedure must provide an effective way to monitor employees to verify compliance with the requirements of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and the establishment’s written alternative operating procedure. The written alternative operating procedure must also describe the corrective actions the operator must take when the procedure is not followed. All food service employees, including the operator, manager, or any supervisory position, who handle ready-to-eat foods with bare hands must comply with all requirements of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and the public food service establishment’s written alternative operating procedures.

(e) A copy of the written alternative operating procedure must be maintained and made available in each food establishment at all times for use by the person in charge and for review by the regulatory authority upon request. The written alternative operating procedure must be reviewed by the operator annually and modified as necessary. A verification of the annual review must be recorded as part of the written alternative operating procedure.

(f) If an employee of a public food service establishment is observed using bare hands to handle ready-to-eat foods and the establishment has failed to develop, maintain or make available a written alternative operating procedure; or, comply with any rule requirement relative to the use of bare hands, personal health, or professional hygiene, the division shall cite the establishment for noncompliance. Noncompliance on a second inspection within two years of the first infraction shall result in enforcement action in accordance with Section 509.261, F.S. A subsequent finding of noncompliance relative to the use of bare hands, personal health, or professional hygiene will result in enforcement action in accordance with Section 509.261, F.S., and the division will enforce no bare hand contact in accordance with Section 3-301.11(B) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., until the establishment operator verifies completion of corrective action, including remedial training of all food preparation employees.

(e)(g) If the division or other food regulatory authority is notified of a suspected foodborne illness outbreak in any public food service establishment which utilizes bare hand contact with ready-to-eat foods, the division will temporarily enforce no bare hand contact in the establishment  in accordance with Section 3-301.11(B) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., until the health authority determines whether a foodborne illness outbreak exists or until such time as the origin of the foodborne illness outbreak is confirmed. If the origin of the foodborne illness, specific to the implicated establishment, is determined to be a food service employee associated outbreak, the division shall pursue enforcement action in accordance with Section 509.261, F.S., and continue to enforce no bare hand contact compliance with Section 3-301.11(B) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., until the establishment operator verifies completion of corrective action, including remedial training of all food preparation employees.

(2) through (9) No change.

Rulemaking Authority 509.032, 509.221 FS. Law Implemented 509.032, 509.035, 509.221 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.23, Amended 2-21-91, Formerly 10D-13.023, 7C-4.010, Amended 3-31-94, 9-25-96, 1-1-98, 7-2-98, 12-6-00, 2-27-05, 8-12-08, 6-13-10, 2-12-13, 4-29-15,      .

 

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 6, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 14, 2019