The purpose and effect of the proposed rule amendments are to simplify adoption of the 2001 Food Code by removing adoption of the Food Code in this Chapter and instead simply referencing the Food Code as adopted in the definition found in Rule 61C-1....  

RULE NO: RULE TITLE
61C-4.010: Sanitation and Safety Requirements
61C-4.0161: Mobile Food Dispensing Vehicles and Theme Park Food Carts
61C-4.023: Food Protection Manager Certification and Public Food Service Employee Training
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to simplify adoption of the 2001 Food Code by removing adoption of the Food Code in this Chapter and instead simply referencing the Food Code as adopted in the definition found in Rule 61C-1.001, F.A.C. The proposed rule amendment also improves readability under the plain language initiative.
SUMMARY: The proposed rule amendments change references to the 2001 Food Code throughout Chapter 61C-4, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 509.032, 509.039, 509.049 FS.
LAW IMPLEMENTED: 509.032, 509.035, 509.039, 509.049, 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 N. Monroe St., Tallahassee, FL 32303-1012; telephone: (850)488-1133

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-4.010 Sanitation and Safety Requirements.

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

(a) through (c) No change.

(d) 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 provides the specifications for no bare hand contact of exposed ready-to-eat food with bare hands. Under Pursuant to the language “except…when unless otherwise approved” as provided in Section 3-301.11(B), of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., food service employees may contact ready-to-eat foods with their bare hands immediately prior to service if the operator of the public food service establishment maintains a written operational procedure which addresses all of the following components:

1. through 2. No change.

3. Food service employees 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 shall use a 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 Sections 5-203.11(A) and 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. The person in charge of the public food service establishment is responsible for verifying, prior to any food handling activity, that all food handling employees are in compliance with Sections 2-201.11, 2-201.12, and 2-201.13, of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., as those sections relate relative to employee health status, exclusions, and restrictions.

5. The public food service establishment’s written operational procedures must provide an effective way to monitor employees to verify compliance with the requirements of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and the establishment’s specifications of the written operational procedures. Additionally, the written operational procedures must also describe the corrective actions the operator must take when procedures are not followed. All food service employees, including the operator, manager, or any supervisory position, who handle ready-to-eat foods with bare hands must comply with all requirements of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and the public food service establishment’s written operational procedures.

(e) No change.

(f) If an establishment employee of a public food service establishment is observed using bare hands to handle ready-to-eat foods and the establishment has failed to develop, maintain or make available a written set of operational procedures; or, comply with any rule requirement relative to the use of bare hands, personal health, or professional hygiene, the division shall cite the establishment for noncompliance. Noncompliance on a second inspection within two years of the first infraction shall result in enforcement action in accordance with Section 509.261, F.S. A subsequent finding of noncompliance relative to the use of bare hands, personal health, or professional hygiene will result in enforcement action in accordance with Section 509.261, F.S., and enforcement of Section 3-301.11(B) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., until the establishment operator verifies completion of corrective action, including and completes remedial training of all food preparation employees.

(g) If the division or other food regulatory authority is notified of a suspected foodborne illness outbreak in any public food service establishment which utilizes bare hand contact with ready-to-eat foods, the division will temporarily enforce no bare hand contact in the establishment in accordance with Section 3-301.11(B), of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., until a determination is made by the health authority determines whether a foodborne illness outbreak exists or until such time as the origin of the foodborne illness outbreak is confirmed. If the origin of the foodborne illness, specific to the implicated establishment, is determined to be a food service employee associated outbreak, the division shall pursue enforcement action in accordance with Section 509.261, F.S., and continue to enforce compliance with Section 3-301.11(B), of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., until the establishment operator verifies completion of corrective action, including and completes remedial training of all food preparation employees.

(2) No change.

(3) Personnel – Except except as specifically provided in this rule, personnel in public food service establishments shall be subject to the provisions of Chapter 2, Food Code, as herein adopted by reference in Rule 61C-1.001, F.A.C.

(4) Procedure When Infection Is Suspected – When when the division has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, the division shall immediately consult with the state health officer or designee to provide epidemiological assistance or make other such investigation as may be indicated and take appropriate action in accordance with Part 2-2, of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and these rules.

(5) Food Equipment, Utensils and Linens – Public public food service establishments shall be subject to the provisions of Chapter 4, Food Code, as herein adopted by reference in Rule 61C-1.001, F.A.C.

(6) Physical Facilities – Except except as specifically provided in these rules, the physical facilities at public food service establishments shall be subject to the provisions of Chapter 6, Food Code, as herein adopted by reference in Rule 61C-1.001, F.A.C. Public food service establishments and all parts of property used in connection with their operations shall be kept free of litter. The walking and driving surfaces of all exterior areas of public food service establishments shall be effectively maintained so as to minimize dust. These surfaces shall be graded to prevent pooling of water.

(7) No change.

Specific Authority 509.032(2)(d), (6) FS. Law Implemented 509.032(2)(d), (3)(a), (b), (c), 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,_________.

 

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

(1) No change.

(2) Mobile food dispensing vehicles shall meet the following additional requirements:

(a) through (b) No change.

(c) Mobile food dispensing vehicles shall operate from an approved commissary that meets all applicable requirements of this rule. The commissary must be provided with potable water and adequate facilities for disposal of liquid and solid waste. The mobile food unit must report to the commissary to store or replenish supplies, clean utensils and equipment, or dispose of liquid and solid waste. Mobile food dispensing vehicles which are self-sufficient for equipment, storage, and utilities must report to the commissary as often as needed, but not less than at least once weekly, or more often as needed to replenish supplies, clean the interior of the unit, or dispose of liquid or solid wastes. For the purpose of this rule, a mobile food dispensing vehicle which is self-sufficient includes a three compartment sink for washing, rinsing, and sanitizing of equipment and utensils;, a separate handwash sink;, adequate refrigeration and storage capacity;, full provision of power utilities including electrical, LP gas, or a portable power generation unit;, and a liquid waste disposal system and potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4, of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. Mobile food dispensing vehicles which are not self-sufficient must report to their commissary at least once daily. The exterior of the vehicle may be washed in any location, provided the waste water does not create a sanitary nuisance.

(d) No change.

(3) through (10) No change.

Specific Authority 509.032(2)(d), (6) FS. Law Implemented 509.032(2)(d), (3)(a), 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,_________.

 

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 potentially hazardous food, and how to control or eliminate harmful bacteria in a public food service establishment.

(b) Public food service employees must receive training which relates to their assigned duties. Employees who prepare foods must be knowledgeable about safe methods of thawing, cooking, cooling, handling, holding and storing foods. Service personnel must be knowledgeable about safe methods of serving food. Employees who clean equipment and facilities must be knowledgeable about proper cleaning and sanitization methods. Employees responsible for maintaining the premises must be knowledgeable about proper vermin control methods as specified in the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(c) Licensees who provide in-house employee training shall make available on the premises of the establishment, or in a theme park or entertainment complex in a central location, upon the division’s request, the curriculum and materials used to conduct training. If training is obtained from an outside provider, the licensee must provide, upon the division’s request, information about the selected training program and methods used to evaluate training outcomes. Training outcomes include employees correctly applying procedures and answering questions relative to assigned duties. Employees must safely perform their work duties safely in a manner consistent with the requirements of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

Specific Authority 509.032(6), 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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Chuck Drago, Interim Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 2, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 25, 2008