Update terminology, Food Code references, and documentation requirements to conform to 2009 Food Code, as adopted, and adopt current forms.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NOS.:RULE TITLES:

61C-4.010Sanitation and Safety Requirements

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

61C-4.023Food Protection Manager Certification and Public Food Service Employee Training

PURPOSE AND EFFECT: Update terminology, Food Code references, and documentation requirements to conform to 2009 Food Code, as adopted, and adopt current forms.

SUMMARY: Adopts updated and new forms to help establishments to comply with the 2009 Food Code and conforms terminology and references to the 2009 Food Code.

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, 509.039, 509.049, 509.221 FS.

LAW IMPLEMENTED: 509.032, 509.035, 509.039, 509.049, 509.101, 509.211, 509.215, 509.221 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: Michelle Comingore, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-4.010 Sanitation and Safety Requirements.

(1) Food Supplies and Food Protection – Except as specifically provided in this rule, public food service establishments shall be subject to the provisions of Chapter 3, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(a)1. Public food service establishment operators may use DBPR Form HR 5022-090, TIME AS A PUBLIC HEALTH CONTROL WRITTEN PROCEDURES (https://www.flrules.org/Gateway/reference.asp?No=Ref-05117), incorporated herein by reference and effective 2013 July 17 2009 October 15, as a guide for written procedures to apply time only, instead of time and temperature, as a public health control for potentially hazardous food, as provided in Section 3-501.19 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. DBPR Form HR 5022-090 is not required and the division will accept written procedures in another format as long as the written procedures contain all the necessary information. The written procedures must be maintained and made available in each food establishment at all times for use by the person in charge and for review by the division upon request.

2. Public food service establishment operators may use DBPR Form HR 5022-101, NON-CONTINUOUS (PARTIAL) COOKING WRITTEN PROCEDURES (https://www.flrules.org/Gateway/reference.asp?No=Ref-05118), incorporated herein by reference and effective 2013 January 29, to outline the standard procedures and policies used to protect the health and safety of the public when utilizing non-continuous cooking of raw animal foods, as provided in Section 3-401.14 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. DBPR Form HR 5022-101 is not required and the division will accept written procedures in another format as long as the written procedures contain all the necessary information. The written procedures must be maintained and made available in each food establishment at all times for use by the person in charge and for review by the division upon request.

(b) through (c) No change.

(d) Paragraph Section 3-301.11(B) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., specifies that food service employees shall not contact ready-to-eat food with bare hands. However, paragraph 3-301.11(D) Under the language “When otherwise approved” in Section 3-301.11(C) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., allows public food service employees to may contact ready-to-eat foods with their bare hands if the operator of the public food service establishment maintains a written alternative operating procedure approved by the division. Such approval may be obtained by completing optional form DBPR Form HR 5022-049, ALTERNATIVE OPERATING PROCEDURE (AOP) (https://www.flrules.org/Gateway/reference.asp?

No=Ref-05119), incorporated herein by reference and effective 2014 September 11. The division will accept written procedures in another format as long as the written alternative operating procedure which addresses all of the following required components:

1. through 2. No change.

3. Food service employees who handle ready-to-eat foods must thoroughly wash their hands before returning to their work stations and as needed during their work periods in accordance with the handwash requirements of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. Additionally, these food service employees who handle ready-to-eat foods with bare hands shall use a hand antiseptic chemical hand sanitizing solution which must comply with the specification provided in Section 2-301.16(C) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. The establishment must also fully comply with paragraph Sections 5-203.11(A) and Section 5-204.11 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., regarding the number and location of hand washing lavatories.

4. through 5. No change.

6. The division shall approve written alternative operating procedures. Such approval may be obtained by completing DBPR Form HR 5022-049, ALTERNATIVE OPERATING PROCEDURE (AOP), incorporated herein by reference and effective 2009 October 15, which includes all information required in a written alternative operating procedure. DBPR Form HR 5022-049 is not required to obtain approval. The division will accept written procedures in another format as long as the written alternative operating procedure contains all the necessary information.

(e) through (g) No change.

(2) through (9) No change.

Rulemaking Authority 509.032, 509.221 FS. Law Implemented 509.032, 509.035, 509.221 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.23, Amended 2-21-91, Formerly 10D-13.023, 7C-4.010, Amended 3-31-94, 9-25-96, 1-1-98, 7-2-98, 12-6-00, 2-27-05, 8-12-08, 6-13-10, 2-12-13,______.

 

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

(1) through (2) No change.

(3) Mobile food dispensing vehicles which limit the preparation of food to frankfurters only shall comply with all applicable requirements set forth in Rules 61C-4.010 and 61C-4.023, F.A.C., as well as the additional requirements set forth in subsections (2), (4), (5) and (8) of this rule; except that:

(a) through (b) No change.

(c) Time/temperature control for safety (pPotentially hazardous) foods such as chili, cooked onions and peppers, cheese, and cheese sauce may only be served in individually portioned and packaged or pre-packaged containers that are maintained at proper temperatures on the unit. Non-time/temperature control for safety (nNon-potentially hazardous) foods such as relish, raw onions and peppers, and other such condiments may be served directly from the unit.

(4) through (6) No change.

(7) If a theme park has a servicing area to support its theme park food carts which meets the sanitation and safety standards of this rule, deviations from the provisions of this rule are allowed for theme park food carts, provided there is full compliance with the following additional requirements:

(a) The preparation of time/temperature control for safety (potentially hazardous) foods shall be prohibited; except that, frankfurters and hamburger patties, obtained from approved sources, which prior to service require no further preparation except cooking, may be served. Time/temperature control for safety (pPotentially hazardous) food, which has been portioned for individual service at an approved fixed food service establishment, may be served from an enclosed theme park food cart as long as the food is protected from contamination by way of enclosures with self-closing doors, screens, air curtains, or other approved methods. Sandwich fillings may be individually portioned from protected containers. Condiments may be served individually packaged, from approved dispensers, or by the operator as a part of food preparation. Theme park food carts shall operate adjacent to or within 300 feet of the support facility.

(b) through (h) No change.

(8) through (9) No change.

Rulemaking Authority 509.032, 509.221 FS. Law Implemented 509.032, 509.101, 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,__________.

 

61C-4.023 Food Protection Manager Certification and Public Food Service Employee Training.

(1) through (3) No change.

(4) Public Food Service Employee Training.

(a) All public food service employees must receive training on professional hygiene and foodborne disease prevention. Professional hygiene includes personal cleanliness and hygienic practices in accordance with the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and techniques to prevent cross contamination. Foodborne disease prevention training must include the types and causes of foodborne illness, identification of time/temperature control for safety (potentially hazardous) food, and how to control or eliminate harmful bacteria in a public food service establishment.

(b) through (d) No change.

Rulemaking Authority 509.032, 509.039, 509.049 FS. Law Implemented 509.039, 509.049 FS. History–New 2-21-91, Amended 5-12-92, Formerly 10D-13.037, 7C-4.023, Amended 3-31-94, 10-9-95, 1-18-98, 2-7-01, 8-12-08, 6-30-10, 8-10-11,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 16, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 15, 2015