Purpose


Chapter 2010-161, sections 17 & 18, Laws of Florida, eliminated the Department of Health’s (DOH) authority to license and inspect food preparation and food service in child care facilities (i.e. daycare). The Department currently has minimal rules providing standards for food preparation and food service. A rule amendment is needed to provide the standards and an enforcement process to provide for minimal food safety in child care facilities. The Department enacted an Emergency rule on July 29, 2010, that incorporated 64E-11 F.A.C. along with an interchange agreement with DOH to continue conducting food service inspections in child care facilities until the end of the FY 2010-11. During which time the Department published a notice of rule development, held public two workshops, held a public hearing, and revised proposed rule language based on public comment/feedback and to satisfy concerns presented by JAPC. The proposed rule language was ultimately approved by JAPC to continue with rule adoption. However, based on constituent concerns and guidance provided the Office of Fiscal Accountability and Regulatory Reform; the Department is withdrawing the rule and a new rule amendment has been developed and is under review. Upon review the Department will move forward with a new Notice of Rule Development and host public workshops. The intent of this emergency rule revision is to create the necessary verbiage that will appropriately reflect food hygiene standards for continued safety and well-being of the children served by Department of Children and Families. This emergency rule revision will allow the Department to inspect the food hygiene standards in child care facilities that provide food service.