The purpose and effect of the proposed rule is to adopt the 2009 U.S. Food and Drug Administration Food Code (Food Code) and add definitions related to the three levels of food safety defined in the Food Code. The new definitions will apply plain ...  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
    Division of Hotels and Restaurants

    RULE NO.: RULE TITLE:
    61C-1.001: Definitions

    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to adopt the 2009 U.S. Food and Drug Administration Food Code (Food Code) and add definitions related to the three levels of food safety defined in the Food Code. The new definitions will apply plain language terms to the technical definitions in the Food Code upon which the division will base inspections and violations.

    SUMMARY: The proposed rule adopts the 2009 Food Code and simplified terms for the three levels of food safety in the Food Code.

    OTHER RULES INCORPORATING THIS RULE: None.

    EFFECT ON THOSE OTHER RULES: N/A

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will 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 been prepared by the agency.

    The proposed rule will not adversely impact economic growth, private-sector job creation or employment, or private-sector investment, but may increase income, visitors to Florida, and wages or salaries by increasing public safety through reduced risk of allergen reactions and food borne illness. The division estimates the total impact on business competitiveness at less than $500,000 because of regulation that is not present in other states or markets. Total estimated regulatory costs of adopting the 2009 Food Code are $407,106.00, with additional training requirements for allergens and illness-related employment restrictions accounting for $382,255 of the estimated costs. New requirements for certain optional business practices account for $24,851 of the total estimated regulatory costs. All of the division’s public food service and public lodging licensees will be required to comply with the 2009 Food Code, but costs for individual establishments will depend on business practices. The regulatory costs will apply to public food service establishments only. Small businesses may incur a larger portion of the training-related costs, but are expected to incur less of the costs associated with the optional business practices. The proposed rule will not impose any implementation costs or enforcement costs on the department or any other state and local government. Costs may be offset by gains in food safety, reduced food borne illness occurrences, and regulation reductions from the currently adopted 2001 Food Code. No lower cost regulatory alternatives were received.

    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 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 FAW.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, (850)488-1133, Michelle.Comingore@dbpr.state.fl.us

    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, 2009 2001 Recommendations of the United States Public Health Service/Food and Drug Administration; the 2001 Food Code Errata Sheet (August 23, 2001); and Supplement to the 2001 FDA Food Code (August 29, 2003) 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 (4) No change.

    (5) Basic Item – An item defined in the Food Code as a Core Item.

    (6)(5) Bed linens – This term includes, a top sheet, a bottom sheet, pillowslips, a mattress pad and a blanket for each bedding accommodation.

    (7)(6) Bedding accommodations – This term includes a mattress, box spring, bed frame, pillows and bed linens. This term includes various sizes and types of conventional beds, sleeper type couches, rollaway or folding type beds, and baby cribs.

    (8)(7) Closed – Free of openings larger than 1/32 of an inch.

    (9)(8) Commissary – A public food service establishment licensed by the division or a food establishment permitted by the Department of Agriculture and Consumer Services, which is utilized by a mobile food dispensing vehicle for the purpose of providing all required support services, including potable water and wastewater disposal, that are not available on the mobile food dispensing vehicle.

    (10)(9) Condiment – Any food such as ketchup, mayonnaise, mustard, relish, or any other seasoning that is used to enhance the flavor of other food.

    (11)(10) Director – The director of the Division of Hotels and Restaurants appointed pursuant to Section 20.165(3), FS., or the director’s designee, as the context permits.

    (12)(11) Double – As it refers to public lodging occupancy, this term means two people.

    (13)(12) Fixed food establishment – A public food service establishment which operates at a specific location and is permanently connected to electrical, water, and sewage disposal systems.

    (14)(13) Food Code – This term as used in Chapters 61C-1, 61C-3, and 61C-4, F.A.C., means paragraph 1-201.10(B), Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, and Chapter 7, and Sections 8-103.11 and 8-103.12 of the Food Code, 2009 2001 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-0153 6) HACCP Guidelines of the Food Code; the 2001 Food Code Errata Sheet (August 23, 2002); and Supplement to the 2001 FDA Food Code (August 29, 2003), 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/hr. A copy of the entire Food Code is available on the U.S. Food and Drug Administration Internet website. Printed copies of the entire Food Code are available through the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312 5285 Port Royal Road, Springfield, VA 22161.

    (15)(14) Food establishment – As utilized in the Food Code, this term shall apply to public lodging establishments and food service establishments as defined in Chapter 509, FS., according to the context of the applicable rule language.

    (16)(15) Garbage – Food waste generated on premises that is not disposed of through the sewage disposal system. The term also includes solid waste such as discarded containers or wrappers that are contaminated with food waste.

    (17) High Priority Item – An item defined in the Food Code as a Priority Item.

    (18)(16) Hot water – Hot water means a water temperature of 100 degrees Fahrenheit or above.

    (19) Intermediate Item – An item defined in the Food Code as a Priority Foundation Item.

    (20)(17) Manager – An individual who has direct authority, control or supervision over employees engaged in the storage, preparation, display and serving of food to the public.

    (21)(18) Misbranded – As provided in Section 500.11, FS.

    (22)(19) Owner – A person, firm or corporation who, or which, owns or controls the premises.

    (23)(20) Potable water – Water satisfactory for drinking, culinary, and domestic purposes meeting quality standards of Rules 62-550 and 62-555, F.A.C.

    (24)(21) Premises – The public food service or lodging establishment and the contiguous land or property under the control of the operator. The property may include all yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises.

    (25)(22) Railway – Either a railing or a guardrail system of building components located near the open sides of elevated walking surfaces.

    (26)(23) Remodel – To make any change to an existing public food service establishment which affects the sanitation or safety of the establishment.

    (27)(24) Self-sufficient mobile food dispensing vehicle – A public food service establishment classified as a mobile food dispensing vehicle that contains, as part of the vehicle, a three compartment sink for washing, rinsing, and sanitizing 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; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code.

    (28)(25) Sewage – Any liquid waste containing chemicals or animal, mineral, or vegetable matter, or liquid waste from sinks, bathroom facilities, grinders, garbage containers, dishwashing machines, floor drains, floor washing or handwashing facilities.

    (29)(26) Single – As it refers to public lodging occupancy, this term means one person.

    (30)(27) Stairway – One or more flights of stairs or steps, either interior or exterior, and the landings, platforms, or other supporting structures necessary to connect separate levels in order to form a continuous passage from one level to another in a building structure.

    (31)(28) Temporary food service event – Any event of 30 or fewer consecutive days in duration, advertised and recognized in the community, where food is prepared, served, or sold to the general public.

    (32)(29) Wholesome – Food which is in sound condition, clean, free from adulteration and otherwise suitable for human consumption.

    PROPOSED EFFECTIVE DATE: January 1, 2013.

    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.

    NAME OF PERSON ORIGINATING PROPOSED RULE: Bill Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2012

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011

Document Information

Comments Open:
8/24/2012
Summary:
The proposed rule adopts the 2009 Food Code and simplified terms for the three levels of food safety in the Food Code. OTHER RULES INCORPORATING THIS RULE: None. EFFECT ON THOSE OTHER RULES: N/A
Purpose:
The purpose and effect of the proposed rule is to adopt the 2009 U.S. Food and Drug Administration Food Code (Food Code) and add definitions related to the three levels of food safety defined in the Food Code. The new definitions will apply plain language terms to the technical definitions in the Food Code upon which the division will base inspections and violations.
Rulemaking Authority:
509.032, FS
Law:
509.032, FS
Contact:
Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399; 850-488-1133; Michelle.Comingore@dbpr.state.fl.us.
Related Rules: (1)
61C-1.001. Definitions