To clarify and establish requirements for temporary commercial kitchens related to the implementation of Chapter 2023-48, Laws of Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-4.0161Mobile Food Dispensing Vehicles and Theme Park Food Carts

PURPOSE AND EFFECT: To clarify and establish requirements for temporary commercial kitchens related to the implementation of Chapter 2023-48, Laws of Florida.

SUMMARY: The proposed rulemaking amends Rule 61C-4.0161, F.A.C., to revise an existing form, adopt a new form by reference, and establish minimum sanitation and safety requirements for temporary commercial kitchens.

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 SERC examined the factors required by Section 120.541(2), F.S., and concluded that the rule amendment will not have an adverse impact on economic growth, business competitiveness, or small business.

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 information contained in the SERC.

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, F.S.

LAW IMPLEMENTED: 509.032, 509.101, 509.102, 509.211, 509.215, 509.221, F.S.

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: Michelle Keith; Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Rd., Tallahassee, FL 32399-1011; [e-mail]; 850.717.1290.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-4.0161 Mobile Food Dispensing Vehicles, Temporary Commercial Kitchens and Theme Park Food Carts.

(1) Except as otherwise specified in this rule, mobile food dispensing vehicles, temporary commercial kitchens and theme park food carts shall comply with applicable requirements of Rules 61C-4.010 and 61C-4.023, F.A.C.

(2) Mobile food dispensing vehicles and temporary commercial kitchens shall meet the following additional requirements:

(a) Food serving openings shall not be larger than necessary for the particular operation conducted and shall be kept closed at all times except when food is actually being served.

(b) Waste containers shall be provided for the deposit of food scraps, food wrappings, cups, napkins and discarded single-service articles.

(c) Mobile food dispensing vehicles and temporary commercial kitchens shall operate from an approved commissary that meets all applicable requirements of this rule. The commissary must be provided with potable water and adequate facilities for disposal of liquid and solid waste. Mobile The mobile food dispensing vehicles unit and temporary commercial kitchens must report to the commissary to store or replenish supplies, clean utensils and equipment, or dispose of liquid and solid waste. Mobile food dispensing vehicles and temporary commercial kitchens must report to their commissary at least once daily when in operation.

(d) When a service area is provided at a the commissary for the cleaning and servicing of mobile food dispensing vehicles units or temporary commercial kitchens, the service area shall be physically separated from other food operations; shall be equipped to furnish potable water in accordance with applicable provisions of Chapters 62-550 and 62-555, F.A.C.; and shall provide facilities for the drainage and disposal of liquid wastes in accordance with applicable provisions of Chapter 62-6 64E-6 or 62-6001, F.A.C., and the local building authority having jurisdiction. The surface of the servicing area shall be constructed of a smooth nonabsorbent material such as concrete or machine laid asphalt and shall be maintained in good repair, kept clean and be graded to drain.

(e) The owner of each mobile food dispensing vehicle and temporary commercial kitchen shall notify the division of each commissary they intend to utilize for support services before using the commissary by submitting DBPR HR-7022, COMMISSARY SERVICES NOTIFICATION (https://www.flrules.org/Gateway/reference.asp?No=Ref-1594612479), incorporated herein by reference and effective 2023 August 2020 December.

(f) After submission of an initial application, the operator of a temporary commercial kitchen must notify the division within 48 hours after commencing operation in a new or different location by submitting DBPR HR-7034, NOTIFICATION OF TEMPORARY COMMERCIAL KITCHEN OPERATIONS (https://www.flrules.org/Gateway/reference.asp?No=Ref-15945), incorporated herein by reference and effective 2023 August.

(g)(f) Mobile food dispensing vehicles and temporary commercial kitchens shall not obtain water from or dispose of wastewater at a private residence or prepare food; store food products, equipment or utensils; or conduct warewashing or any other activities related to the public food service in a private residence. The exterior of the vehicle or kitchen may be washed in any location, provided the wastewater does not create a sanitary nuisance.

(h)(g) Self-sufficient mobile food dispensing vehicles and self-sufficient temporary commercial kitchens are exempt from paragraphs (2)(c) and (2)(e) of this rule.

(3) No Change.

(4) Mobile food dispensing vehicles or temporary commercial kitchens which fail to provide water and waste systems or which otherwise fail to meet all applicable requirements of this chapter shall not engage in food preparation except as permitted in subsection (3) of this rule. Such mobile food dispensing vehicles or temporary commercial kitchens units shall handle only completely wrapped or packaged food which has been manufactured, processed, prepared, and packaged in individual servings at an approved public food service establishment or a food processing plant and transported and stored in accordance with the provisions of this chapter. Bulk beverages from approved sources may be dispensed from covered urns or other protected containers.

(5) Mobile food dispensing vehicles may temporarily connect to an approved utility system for no more than one day’s operation, if the utility system provides water, wastewater, or electricity adequate to meet the needs of the unit; bathroom facilities are available for employees in accordance with the local building authority having jurisdiction or, where no plumbing code has been adopted locally, with Chapter 64E-10, F.A.C.; and the unit returns to its base commissary as described in paragraph (2)(c) of this rule.

(6) through (9) No Change.

Rulemaking Authority 509.032, 509.221 FS. Law Implemented 509.032, 509.101, 509.102, 509.211, 509.215, 509.221 FS. History–New 2-21-91, Formerly 10D-13.0291, 7C-4.0161, Amended 3-31-94, 9-25-96, 5-11-98, 7-2-98, 2-12-08, 8-12-08, 6-13-10, 11-1-12, 7-4-13, 1-6-15, 4-29-15, 7-29-18, 2-18-21,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven von Bodungen, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 9/25/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 8/25/2023