To create and revise definitions 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-1.001Definitions

PURPOSE AND EFFECT: To create and revise definitions related to the implementation of Chapter 2023-48, Laws of Florida.

SUMMARY: The proposed rulemaking amends Rule 61C-1.001, F.A.C., to create a definition for self-sufficient temporary commercial kitchen and to revise the definition for commissary.

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, F.S.

LAW IMPLEMENTED: 509.032, 509.102, 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-1.001 Definitions.

Except when otherwise defined in this rule, the definitions provided in paragraph 1-201.10(B), Food Code, 2017 Recommendations of the United States Public Health Service/Food and Drug Administration; 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 (7) No Change.

(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 or temporary commercial kitchen 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 or in the temporary commercial kitchen.

(9) through (25) No Change.

(26) Self-sufficient temporary commercial kitchen – A public food service establishment classified as a temporary commercial kitchen that contains, as part of the portable structure, 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.

(27)(26) 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.

(28)(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.

(29)(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.

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

Rulemaking Authority 509.032 FS. Law Implemented 509.032, 509.102 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, 3-6-16, 11-1-19, ______.

 

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: 8/14/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/17/2023