To revise an existing form incorporated by reference.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: To revise an existing form incorporated by reference.

SUMMARY: The proposed rulemaking amends Rule 61C-4.0161, F.A.C., to add an e-mail address and electronic submission request to an existing form incorporated by reference.

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, 509.241(4)(c), F.S.

LAW IMPLEMENTED: 509.032, 509.091, 509.101, 509.102, 509.211, 509.215, 509.221, 509.241(4)(c), 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]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) No Change.

(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 food dispensing vehicles 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 daily when in operation.

(d) When a service area is provided at a commissary for the cleaning and servicing of mobile food dispensing vehicles 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 any state or local authorities having jurisdiction; and shall provide facilities for the drainage and disposal of liquid wastes in accordance with any state or local authorities 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-15946), incorporated herein by reference and effective 2023 August.

(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-1647215945), incorporated herein by reference and effective 2024 January 2023 August. The completed form should be submitted electronically to the division at [e-mail].

(g) 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) 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) through (9) No Change.

Rulemaking Authority 509.032, 509.221, 509.241(4)(c) FS. Law Implemented 509.032, 509.091, 509.101, 509.102, 509.211, 509.215, 509.221, 509.241(4)(c) 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, 12-31-23,_____.

 

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: 2/28/2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/27/2024