The rulemaking was initiated to amend the rules governing the operation of food services. The purpose and effect of the proposed rule is to update the definitions, departmental titles and rule references. The changes allow the choice of diet for ...

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-204.002: Food Services - Definitions
33-204.003: Food Services - Standards of Operation

PURPOSE AND EFFECT: The rulemaking was initiated to amend the rules governing the operation of food services. The purpose and effect of the proposed rule is to update the definitions, departmental titles and rule references. The changes allow the choice of diet for inmates in special housing. The rules specify where to obtain a copy of the Dietary Reference Intakes of the Food and Nutrition Board and the reasons for deviation from the master menu. New provisions relating to sanitation and the preparation and preservation of food are provided. The reasons for immediate removal from the vegan meal pattern are amended. Form DC4-668, Diet Attendance Roster, is incorporated to track inmates on vegan and therapeutic diets. Consequences for missing vegan meal plans or therapeutic diet meals are provided.

SUMMARY: The rulemaking amends the rules governing the operation of food services; updates definitions, department titles and rule references; addresses rules relating to choice of diet; provides the consequences of missing vegan or therapeutic meals; and adds new rules for preparation of master menus and sanitation relating to food preparation and preservation. Form DC4-668, Diet Attendance Roster, is incorporated.

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: Upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 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: 944.09 FS.

LAW IMPLEMENTED: 944.09 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 RULES IS: Laura Gallagher, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULES IS:

33-204.002 Food Services – Definitions.

For the purposes of this chapter:

(1) “Master menu” means a standardized menu for all inmates, based on the Dietary Reference Intakes established by the Food and Nutrition Board of the National Academy of Sciences, that is certified for nutritional adequacy by a registered dietitian licensed in Florida who is employed by the Department the menu that is designed to be served at all facilities to provide uniformity in items served to each inmate. The master menu shall be planned under the direction of the department’s master menu committee, and certified nutritionally adequate as determined by a licensed registered dietitian employed by the department.

(2) through (3) No change.

(4) “Master Menu Committee” refers to the committee of staff members responsible for developing the Master Menu the food services advisory group which consists of the Chief, Bureau of Institutional Support Services or his designee, the central office public health nutrition program manager, and the central office food service administrator. The Chief, Bureau of Institutional Support Services has the authority to invite other staff as necessary.

(5) “Vegan meal pattern” refers to a meal pattern that excludes all animal byproducts. Inmates who wish to be on the vegan meal pattern must submit Form DC6-236, Inmate Request, to the food service director at the facility where the inmate is housed. Form DC6-236 is incorporated by reference in Rule 33-103.005019, F.A.C. Inmates who choose the vegan meal pattern shall not be permitted to eat from the regular menu or choose the alternate entrée and are subject to removal from the pattern pursuant to Rule 33-204.0032, F.A.C.

(6) “Food Service Director” refers to the Department staff member who is in charge of food service operations at a facility and who is under the direct supervision of the assistant warden of operations.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 1-18-89, Amended 7-21-97, Formerly 33-30.002, Amended 8-9-00, 11-16-00, 10-2-01, 2-18-02, 7-2-03, 11-1-04, 3-3-10,_________.

33-204.003 Food Services – Standards of Operation.

(1) No change.

(2) Confinement and special housing units.

(a) All inmates in confinement and special housing shall receive normal institutional meals as are available to the general population, except that if any item on the normal menu or any food utensil might create a security problem in the confinement area, then another item of comparable quality or other appropriate utensils shall be substituted. Substitutions shall be documented on Form DC6-209, Housing Unit Log, and Form DC6-210, Incident Report. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(b) Upon entering confinement or special housing, an inmate shall designate his or her singular choice of the regular menu, alternate entrée, or vegan meal pattern. The inmate may voluntarily alter this choice by submitting Form DC6-236, Inmate Request, to the food service director every 30 days. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(c)(b) Hot food served in satellite food operations shall be protected from contamination in transit and shall be served at temperatures set by the Department of Health.

(d)(c) The provisions of Rule 33-602.223, F.A.C., shall be utilized in placing inmates on the special management meal.

(e)(d) Food shall not be withheld, nor the standard menu varied, as a disciplinary sanction or as a reward for good behavior or work for an individual inmate.

(3) Menus. The Dietary Reference Intakes of the Food and Nutrition Board, National Academy of Sciences shall serve as the standard for the preparation of menus and the evaluation of menus served. The Dietary Reference Intakes of the Food and Nutrition Board are hereby incorporated by reference. A copy of the Dietary Reference Intakes may be obtained from the Bureau of Contract Management and Monitoring Institutional Support Services, Food Service Section, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The Dietary Reference Intakes were copyrighted in 2004 2001.

(a) through (c) No change.

(d) The master menu shall be adhered to except that specific menus and menu items are subject to change by the person in charge of food service at each facility due to production or equipment problems, non-delivery of ingredients or food items, product availability, or security issues, use of farm produce or USDA commodities, or as authorized by the warden. Failure to order a product does not constitute a lack of availability. Substitutions will not be planned to utilize leftovers. When menu substitutions are required, the substitutions will be from the same food group as the original menu item. The master menu manual provides a list of appropriate substitutions within food groups. All inmates shall receive the same food items as specified on the master menu. Adequate amounts of food must be prepared to serve all inmates according to the master menu.

(e) No change.

(f) Food and beverage shall not be consumed in food preparation areas.

(g) Leftover foods must be labeled with the contents, date, and time of production and handled in accordance with the provisions of Chapter 64E-11, F.A.C. Food Hygiene.

(h) Toilet and hand-washing facilities shall be readily available to food service staff and inmate food handlers. Food service staff and inmate food handlers are required to wash their hands prior to reporting to duty and after using toilet facilities.

(i) A copy of Chapter 64E-11, F.A.C., Food Hygiene, will be available for reference at each department food service facility.

(4) Vegan meal pattern. Inmates may choose the vegan (strict vegetarian) meal pattern by submitting Form DC6-236, Inmate Request, to the food service director at the facility where the inmate is housed, and shall indicate if they are participating as a vegan. An inmate who is transferred to another facility shall be allowed to continue the vegan meal pattern at the new facility by showing the inmate request that was approved by the previous food service director until his request is approved by the new food service director. Form DC6-236 is incorporated by reference in Rule 33-103.019, F.A.C.

(a) The following inmates shall be removed immediately from the vegan meal pattern:

1. Inmates observed eating from the regular menu;

2. Inmates observed eating the alternative entrée; and

3. Inmates who are not on the meal pattern for religious reasons and who intentionally purchase, possess, or consume items from the canteen that contain any animal products or byproducts.

(b) No change.

(c) An inmate who voluntarily requests to be removed from the vegan meal pattern may not reapply for the pattern for a minimum of 30 days.

(5) Therapeutic Diets. Therapeutic diets for medical or dental reasons shall be provided as ordered by a Department of Corrections credentialed physician, clinical associate (physicians assistant, advanced registered nurse practitioner) or dentist. All orders for therapeutic diets shall be in writing. Non-standard therapeutic diets shall be approved by the public health nutrition program manager and the regional medical executive director. Therapeutic diets shall be served for a maximum of 90 days. Diets extending for periods longer than 90 days shall require a new diet order from the attending Department of Corrections credentialed physician, clinical associate (physicians assistant or advanced registered nurse practitioner) or dentist. Diet prescription orders must be received in food services prior to the expiration of the current prescription to avoid interruption of the therapeutic diet. The Public Health Nutrition Program Manager and the Public Health Nutrition Consultants shall be available for consultation by health and food service personnel regarding therapeutic diets.

(6) Religious Diets. The alternate entree and the vegan meal pattern provides meal options for the religious requirements of inmates whose religions require a pork-free, lacto-ovo, lacto-vegetarian, or vegan diet.

(7) Meal attendance for inmates on the vegan meal pattern or a therapeutic diet shall be tracked using Form DC4-668, Diet Attendance Roster, Form DC4-668 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee FL 32399-2500. The effective date of the form is________.

(a) An inmate on the vegan meal pattern who misses 10% or more of his or her vegan meals within a month will be removed from the vegan meal plan and may not re-apply for a minimum of six months.

(b) An inmate on a therapeutic diet who, following the orientation, misses 10% or more of his or her meals during the first month, or misses nine meals in any calendar month thereafter, is subject to disciplinary action.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 1-18-89, Amended 7-21-97, Formerly 33-30.003, Amended 8-9-00, 11-16-00, 10-2-01, 2-18-02, 7-2-03, 11-1-04, 2-27-05, 10-16-05, 1-17-06, 4-27-09, 3-3-10, 7-18-10,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jodie Bailey, Director of Office Management and Contract Procurement

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 6, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 24, 2012