The purpose of this rule development is to update the federal regulations and standards previously adopted by reference in this rule section and used by this agency to facilitate the regulation and inspection of agriculture based food establishments....

 

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 of this rule development is to update the federal regulations and standards previously adopted by reference in this rule section and used by this agency to facilitate the regulation and inspection of agriculture based food establishments. The proposed rule will adopt the 2009 U.S. Food and Drug Administration (FDA) Food Code (Food Code) and related federal regulations, which are the national standards for food safety regulation. The effect of this proposed rule is to provide uniformity and consistency with both our regulated industry that is already operating on the current versions of the Food Code and federal code language and with our federal partners with which we have ongoing cooperative agreements for inspection services.

SUMMARY: Update the relevant Codes of Federal Regulation and the FDA Food Code which are the national standards and model codes for food safety regulation. The Department has determined that the posting the Model Consumer Commodity Salvage Code (November 2002), which is incorporated in this rule, on the Internet would constitute a violation of the federal copyright law. The incorporated material will be available for public inspection and examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650.

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. As part of this analysis, the Department relied upon historical information based on previous updates to the rule language. This rule updates currently adopted federal regulations while maintaining compliance with Florida law.

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), 500.303, 500.304, 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, 500.301, 500.303, 500.304, 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: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard MS – C 18, Tallahassee, FL, 32399-1650, telephone number: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) Code of Federal Regulations Title 7 – Agriculture, Part 51, Sections 51.2-51.3, 51.300-51.3749, Part 52, Sections 52.2-52.3, 52.771-52.3764, Part 55, Sections 55.1-55.2, 55.5, 55.300-55.390, 55.600-55.650, 55.800-55.820, Part 56, Sections 56.1-56.2, 56.35-56.37, 56.39-56.41, 56.75-56.77, Part 57, Sections 57.1, 57.5, 57.35, 57.45, 57.50, 57.410, 57.504, 57.800-57.860, 57.900-57.970, and Part 70, Sections 70.1-70.2, 70.50-70.55, 70.80-70.81, 70.110, revised as of January 1, 2014, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. 2003; and

(b) Code of Federal Regulations Title 9 – Animal and Animal Products, Parts 301, 303, 316-317, Part 318, Sections 318.10, 318.16, 318.20, Part 319, Part 352, Sections 352.1 and 352.7, Part 354, Sections 354.1, 354.70-354.72, and Part 381, Sections 381.1-381.15, 381.125, revised as of January 1, 2014, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. 2003; and

(c) Code of Federal Regulations Title 19 – Custom Duties, Part 134, revised as of April 1, 2014, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. 2003.; and

(d) Code of Federal Regulations Title 21 – Food and Drugs, Part 1, Part 2, Sections 2.5, 2.25-2.125, Parts 7, 70, 73-74, 100, Part 101, (excluding subsection 101.9(g)(2)), Parts 102-109, Part 110 (except for 110.80(b)(3)(i) is amended to required refrigerated foods to be maintained at a temperature of 41 degrees Fahrenheit (5 degrees Celsius) or below and 110.80(b)(3)(iii) is amended to require that hot foods to be maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or above), Part 111- 169 190, revised as of April 1, 2003, and Part 1240, revised as of April 1, 2014, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. 2002; and

(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-XXXX 2003.

(f) Interested persons may obtain copies of the pertinent sections of the Code of Federal Regulations referenced herein by contacting the Superintendent of Documents, U.S. Government Printing Office, P. O. Box 371954, Pittsburgh, PA 15250-7954. Copies of all referenced documents are also available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650.

(2) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) The action levels for food defects declared by the United States Food and Drug Administration and referenced in the FDA/CFSAN Defect Action Level Handbook, The Food Defect Action Levels, May 1995 (Revised May 1998), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX and in the

(b) Industry Activities Staff Booklet, Action Levels for Poisonous or Deleterious Substances in Human Food and Animal Feed (August 2000), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. are hereby adopted by reference as administrative rules under Chapter 500, F.S. Copies of these books may obtained from the U.S. Food and Drug Administration, Industry Activities Staff (HFS-565), Center for Food Safety and Applied Nutrition, 200 C Street S.W., Washington, DC 20204. These books are also available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650.

(3) Food Salvage Operations.

(a) The purpose of this rule subsection is to adopt sanitation criteria, standards and requirements for food salvage operations.

(a)(b) The “Model Consumer Commodity Salvage Code (November 2002),” jointly published by the Association of Food and Drug Officials, the U.S. Department of Health and Human Services and the U.S. Department of Agriculture is hereby adopted as sanitation criteria, standards, and requirements for food salvage operations in Florida and is incorporated by reference as administrative rules under Chapter 500, F.S., with the following exclusions: Sections 1-102(B), 9-102(C), (F) and (G), 13-101-13-106, and 14-101-14-107. The Department has determined that posting the incorporated material on the Internet would constitute a violation of the federal copyright law. The incorporated material will be available for public inspection and examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650.

(b)(c) For the purposes of subsection (3) of this rule, “Consumer commodity” is defined as: “any food, beverage, dietary supplement, animal food (pet food), single service food containers or utensils, soda straws, paper napkins, or any other product of a similar nature. It also may include animal feed when handled at the same facility as other consumer commodities. This definition includes salvage caused by disasters which could include animal feeds which are handled differently than “animal food” which is destined for consumption by pets (e.g., cans of cat food, broken bags of dry dog food).”

(d)  Interested persons may obtain copies of the Model Consumer Commodity Salvage Code (November 2002), by contacting the Association of Food and Drug Officials, 2550 Kingston Road, Suite 311, York, PA 17402, and copies are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Blvd., Suite H, Tallahassee, Florida.

(4) Food Code – Provisions Adopted and Exclusions. The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) Chapters 1-7, Subpart 8-101, Section 8-201.13, Section 8-201.14, Section 8-202.10 of the “2009 2001 Food Code”, (hereafter known as the Food Code), “Annexes 3 – 7 of the 2009 Food Code”,  and Chapters 1-7 of the “Supplement to the 2009 2001 Food Code” (effective date September 29, 2011), published by the U.S. Public Health Service of the U.S. Department of Health and Human Services., are hereby adopted by reference as administrative rules under Chapter 500, F.S., except for the following provisions, which are not adopted by reference and therefore are specifically excluded from this rule: Interested persons may obtain copies of these materials online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(b) The following provisions of the Food Code are not adopted by reference and therefore are specifically excluded from rule:

1. 1-201.10(B), definitions for terms “Food Establishment”, “Food Processing Plant”, and “Temporary Food Establishment” (36), (37), and (95); and

2. 1-201.10(B), the word “unpackaged” only within the definition of “Food Employee”; 3-304.14(B)(2); and

3. The 7° Centigrade (45° Fahrenheit) requirement in 3-501.14(D) and 3-501.16(B); 3-501.12(A), 3-501.13(A), 3-501.13(B)(3), 3-501.13(B)(4), 3-501.13(B)(4)(b), 3-501.14(A)(2), 3-501.14(B), 3-501.14(C), 3-501.16(A)(2)(b); and

4. 4-301.12(C)(5), 4-301.12(D), 4-301.12(E) 3-501.14(D); and

5. 5-203.11(C) 3-501.17(A)(2); and

6. All subsequent parts of subsection 6-202.110 after the word “law”. 4-301.12(C)(5), 4-301.12(D), 4-301.12(E); and

7. 5-203.11(C); and

8. 5-402.12; and

9. 6-202.110.

All provisions in the “2001 Food Code” and the “Supplement to the 2001 Food Code,” hereafter identified as “FDA Food Code”, that are adopted herein by reference shall apply to all food establishments regulated by the Florida Department of Agriculture and Consumer Services unless specifically exempted within this rule chapter. Interested parties may obtain copies of this publication by contacting the U.S. Government Printing Office, Superintendent of Documents, P. O. Box 371954, Pittsburgh, PA 15250-7954. Copies are also available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Room 289, Tallahassee, Florida 32399-1650.

(c) Mechanical refrigeration units in food establishments are required to maintain potentially hazardous foods at 5º C (41º F) or below.

(5) Other Standards.

(a) Cloths used for wiping food spills on food-contact surfaces of equipment shall be clean and rinsed frequently in an approved sanitizing solution as defined in 21 C.F.R. § 178.1010 (2002). Cloths used for wiping food spills on food-contact surfaces shall be used for no other purpose. The cloths shall be stored in the sanitizing solution between uses.

(b) Cloths used for cleaning non-food-contact surfaces shall be clean and rinsed frequently in an approved sanitizing solution as defined in 21 C.F.R. § 178.1010 (2002). Cloths used for cleaning non-food-contract surfaces shall be used for no other purpose. These cloths shall be stored in the sanitizing solution between uses.

Rulemaking Authority 500.09, 500.12(1)(f), 500.12(5)(d), 500.12(6), 500.303, 500.304, 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(4)(a), 500.121, 500.13, 500.147, 500.166, 500.169, 500.172, 500.301, 500.303, 500.304, 500.459, 570.07(2), (6), (9), (16), (18), (24), 570.0725 FS. History–Revised 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,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Tiffiani Onifade, Director, Division of Food Safety

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 25, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 6, 2014