The purpose of this rule development is to update federal regulations previously adopted by reference in this rule section and used by this agency to facilitate the regulation and inspection of agriculture based food establishments. Updated and ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-4.002Adoption of Federal Regulations and Other Standards

PURPOSE AND EFFECT: The purpose of this rule development is to update federal regulations previously adopted by reference in this rule section and used by this agency to facilitate the regulation and inspection of agriculture based food establishments. Updated and included for adoption are the relevant sections of the Code of Federal Regulations, Title 21, Parts 170 - 190. These sections address the ingredients and additives “generally recognized as safe” (or GRAS) for human consumption and the regulation of dietary supplements. The effect of this proposed rule is to provide uniformity and consistency with both our regulated industry that is already operating on the current versions of the federal code language and with our federal partners with which we have ongoing cooperative agreements for inspection services.

SUBJECT AREA TO BE ADDRESSED: Update the relevant Codes of Federal Regulation which are the national codes for food safety regulation.

RULEMAKING AUTHORITY: Sections 500.09, 500.13, 570.07(23), FS.

LAW IMPLEMENTED: Sections 500.02, 500.03, 500.04, 500.09, 500.10, 500.11, 500.171, 500.172, 500.177, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Daniel S. Hixson, Food Safety Rules Coordinator, Division of Food Safety, 3125 Conner Boulevard MS C-18, Tallahassee, Florida, 32399-1650, telephone number [phone].

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

5K-4.002 Adoption of Federal Regulations and Other Standards.

(1) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meat Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) through (c) No change.

(d) Code of Federal Regulations Title 21 – Food and Drugs, Part 1, Part 2, Sections 2.5, 2.25-2.125, Parts 7, 70, 73-74, 100, Part 101, (excluding subsection 101.9(g)(2)), Parts 102-109, Part 110 (except for 110.80(b)(3)(i) is amended to required refrigerated foods to be maintained at a temperature of 41 degrees Fahrenheit (5 degrees Celsius) or below and 110.80(b)(3)(iii) is amended to require that hot foods to be maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or above), Part 111 – 190 169 and Part 1240, revised as of April 1, 2014, http://www.flrules.org/Gateway/reference.asp?No=Ref-04645.

(e) No change.

(2) through (4) No change.

Rulemaking Authority 500.09, 500.12(1)(f), 500.12(5)(d), 500.12(6), 500.459, 570.07(23), (24) FS. Law Implemented 500.02, 500.03, 500.032, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.147, 500.166, 500.169, 500.172, 500.459, 570.07(2), (6), (9), (16), (18), (24), 570.0725 FS. History–Revised 3-1-72, Amended 12-31-74, 1-18-83, 6-17-85, Formerly 5E-6.02, Amended 7-25-88, 4-13-92, Formerly 5E-6.002, Amended 8-8-95, 9-9-96, 12-10-96, 4-10-97, 9-8-97, 11-15-99, 2-5-04, 3-1-09, 2-25-15, ________.