To adopt a risk-based inspection frequency for public food service establishments and adopt updated temporary event application forms.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.002Licensing and Inspection Requirements

PURPOSE AND EFFECT: To adopt a risk-based inspection frequency for public food service establishments and adopt updated temporary event application forms.

SUMMARY: The proposed rule adopts a risk-based inspection frequency of one to four annual inspections for all public food service establishments, describes when inspection frequencies will be assigned and reassessed, defines the annual inspection cycle, and adopts updated temporary event application forms.

OTHER RULES INCORPORATING THIS RULE: None.

EFFECT ON THOSE OTHER RULES: N/A

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, 509.241 FS.

LAW IMPLEMENTED: 213.0535, 509.032, 509.221, 509.241, 509.242, 509.251, 509.261, 559.79 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-1.002 Licensing and Inspection Requirements.

(1) No change.

(2) To apply for licensure, an applicant must submit the appropriate application and the required fee, pursuant to Section 509.251, F.S., and Rule 61C-1.008, F.A.C., to the division. Any license fee received by the division is non-refundable once the establishment commences operation.

(a) License applications.

1. through 3. No change.

4. Temporary public food service establishments required to be licensed by the division under Chapter 509, F.S., must complete submit DBPR Form HR 5021-029, TEMPORARY EVENT VENDOR RECEIPT, APPLICATION AND INSPECTION (https://www.flrules.org/Gateway/reference.asp?No=Ref-03890), incorporated herein by reference and effective 2014 February 19.  The division will provide a copy of this application at the time of inspection.   Prior to the temporary event, temporary public food service establishments may submit DBPR HR-7029, APPLICATION FOR TEMPORARY EVENT VENDOR LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-03891 http://www.flrules.org/Gateway/reference.asp?No=Ref-01863), incorporated herein by reference and effective 2014 February 1 2012 October 15.  The division will provide the temporary event organizer or temporary public food service establishments scheduled to attend an event with a copy of DBPR HR-7029, APPLICATION FOR TEMPORARY EVENT VENDOR LICENSE, when necessary to collect information prior to an event this application, including instructions, at the time of inspection.

(b) through (c) No change.

(3) through (4) No change.

(5) Public food service establishments, as defined in subsection 509.013(5), F.S., are licensed in accordance with the following classifications and requirements:

(a) Nonseating:

1. through 3. No change.

4. Temporary public food service establishments and vendors –

a. Temporary public food service establishments are classified as those establishments operated at temporary food service events as defined in subsection section 509.013(8), F.S.  Each temporary public food service establishment shall be inspected by the division each time the establishment sets up for operation. If upon inspection the temporary public food service establishment does not meet minimum sanitation standards as provided in Chapter 61C-1 and 61C-4, F.A.C., food service operations shall be discontinued until corrections are complete and verified by the division.

b. No change.

5. through 6. No change.

(b) through (d) No change.

(6) through (7) No change.

(8) General Inspection Requirements.

(a) No change.

(b) Division personnel shall inspect all public food service establishments and other places where food is served to or prepared for service to the public as often as necessary for enforcement of the provisions of law and rule and protection of the public’s health, safety and welfare.  The result of each inspection, except inspections of temporary public food service establishments, shall be recorded on DBPR Form HR-5022-015, FOOD SERVICE INSPECTION REPORT (http://www.flrules.org/Gateway/reference.asp?No=Ref-02633), incorporated herein by reference and effective January 1, 2013, a legible copy of which shall be provided to the operator. The result of each inspection of a temporary public food service establishment shall be recorded on DBPR Form HR 5021-029, TEMPORARY EVENT VENDOR RECEIPT, APPLICATION AND INSPECTION, a legible copy of which shall be provided to the operator.  Persons operating a public food service establishment shall permit division personnel right of entry during operating hours to observe food preparation and service, and if necessary examine records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used.

(c) No change.

(d) Inspection Frequency. The division shall annually inspect each licensed public lodging and food service establishment as described herein and at such times as the division determines necessary to ensure the public’s health, safety, and welfare. The annual inspection cycle shall begin July 1 and end June 30 the following year.

1. Public lodging establishments shall be inspected as prescribed by Section 509.032(2)(a), F.S. Except as otherwise provided in this section, public lodging and food service establishments shall be inspected a minimum of three times annually.

2. Public food service establishments.

a. The minimum number of annual inspections required for each public food service establishment shall be based upon the risk presented by the establishment’s type of food and food preparation processes, type of service, and compliance history. An establishment’s initial classification shall be assigned upon annual inspection or upon application for a license and verified at the licensing inspection, as applicable. Public food service establishments shall be classified and inspected according to the following risk-based inspection frequency schedule.

 

Classification	Public Food Service Establishment Classification Guidelines	Minimum Annual Inspections
Level 1	Establishments licensed as annual temporary public food service establishments or vending machines; or Establishments that: ·        Do not cook raw animal food; or ·        Cook raw animal food, but do not cool any cooked or heated foods.	1
Level 2	Establishments that: ·      Cook raw animal food and cool any cooked or heated foods; or ·      Conduct a special process as described in 3-502.11 or 3-502.12, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.; or ·      Serve a raw or undercooked animal food that requires a consumer advisory under 3-603.11, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., or Rule 61C-4.010, F.A.C.	2
Level 3	Establishments with a history of non-compliance resulting in three or more disciplinary Final Orders filed with the Agency Clerk within the previous two annual inspection cycles; or Establishments that serve a highly susceptible population as defined in the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.	3
Level 4	Establishments with a confirmed foodborne illness within the previous calendar year as reported by the Florida Department of Health.	4

 

b. The division shall annually reassess each establishment’s inspection frequency classification and reclassify each establishment, if necessary, in July of each year.

2. Nontransient roominghouses and vending machines shall be inspected a minimum of twice annually.

3. Vendors at temporary food service events shall be inspected at the time of licensure and shall be inspected at such other times as the division determines is necessary to ensure the public’s health, safety, and welfare.

4. Nontransient and transient apartments shall be inspected once annually.

3.5. Establishments initially licensed between January 1 and June 30 for a partial year will receive a prorated number of annual inspections, including the opening inspections, during the first annual inspection cycle partial year of operation.

(9) No change.

PROPOSED EFFECTIVE DATE: July 1, 2014.

Rulemaking Authority 509.032, 509.241 FS. Law Implemented 213.0535, 509.032, 509.221, 509.241, 509.242, 509.251, 559.79 FS. History–Amended 1-20-63, 9-19-63, 5-20-64, 2-23-66, 8-9-68, Revised 2-4-71, Amended 10-18-71, Repromulgated 12-18-74, Amended 9-1-83, 10-1-83, Formerly 7C-1.02, Amended 1-30-90, 12-31-90, 2-27-92, 6-15-92, Formerly 7C-1.002, Amended 3-31-94, 3-15-95, 10-9-95, 9-25-96, 5-11-98, 9-9-03, 1-1-13, 7-4-13,__________.

 

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 21, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 1, 2013 and January 23, 2014