5K-4.029. Tomato Packing House

(1) PURPOSE.

(a) This rule establishes inspection procedures and best management practices to enhance the safety of fresh tomatoes packed or repacked in tomato packing houses in Florida, as provided by Chapters 500 and 570, F.S.

(b) In addition to the requirements in statute, Chapters 500 and 570, F.S., and applicable Department rules in Chapters 5K-4 and 5G-6, F.A.C., tomato packers and repackers shall comply with the following rules.

(2) DEFINITIONS.

(a) “Department” means the Florida Department of Agriculture and Consumer Services.

(b) “T-BMP” means Tomato Best Management Practices as specified in The Tomato Best Practices Manual as adopted and incorporated by reference in Department Rule 5G-6.009, F.A.C.

(c) “Tomato Packing House” means any establishment that washes, packs, or otherwise treats tomatoes in their unpeeled, natural form before they are marketed.

(3) INSPECTION.

(a) Regulatory inspections will be performed as frequently as needed to verify adherence to The Tomato Best Practices Manual for product packed or repacked and will be performed at least once annually in packing houses by the Department.

(b) Tomato packers and repackers shall comply with the requirements specified in The Tomato Best Practices Manual, as adopted and incorporated by reference in Department Rule 5G-6.009, F.A.C. A copy of this document may be obtained by contacting the Division of Fruit and Vegetables by mail at P. O. Box 1072, Winter Haven, Florida 33881-3403, by telephone at [phone], or, electronically through the Department Internet website at www.doacs.state.fl.us/fruits/.

(c) Tomato Packing Houses are exempt from compliance with the provisions of chapters 3 through 7 of the “FDA Food Code” as adopted in this rule chapter, paragraph 5K-4.002(4)(b), F.A.C.

(d) A handwashing sink supplied with running water shall be maintained within a tomato packing house so that it is accessible at all times for employee use and such sinks may not be used for purposes other than handwashing. Food employees shall use the designated handwash sink to wash their hands as specified in Chapter 2 of the FDA Food Code.

(e) Tomatoes in tomato packing houses shall be protected from contamination after rinsing or sanitization by storing the tomatoes in a clean, dry location where exposure to splash, dust, or other contamination is minimized. Tomatoes may not be stored:

1. In locker rooms;

2. In toilet rooms;

3. In dressing rooms;

4. In garbage rooms;

5. In mechanical rooms;

6. Under sewer lines that are not shielded to intercept potential drips;

7. Under leaking water lines or under lines on which water has condensed;

8. Under open stairwells; or

9. Under other sources of contamination.

Rulemaking Authority 500.09(1)(b), (3), (4), 500.12(1)(f), 570.07(6), 570.07(23) FS. Law Implemented 500.03(1)(j), (n), 500.09(1)(b), (4), 500.12(1)(f), 570.48(2)(e) FS. History–New 3-1-09.