Current through Reg. 50, No. 249, December 24, 2024
(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 Inspection, 3125 Conner Boulevard, Suite H, Tallahassee,
Florida 32399-1650 or online as indicated.
(a)
Code of Federal Regulations Title 7 - Agriculture, Part 56, Sections 56.1-56.2,
56.35-56.37, 56.39-56.41, 56.75-56.77, Part 57, Sections 57.1, 57.35, 57.45,
57.800-57.860, 57.900-57.970, and Part 70, Sections 70.1-70.2, 70.50-70.55,
70.110, revised as of January 1, 2016,
http://www.flrules.org/Gateway/reference.asp?No=Ref-11756.
(b) Code of Federal Regulations Title 9 -
Animal and Animal Products, Parts 301, 303, 316-317, Part 318, Sections 318.10,
318.16, 318.20, Part 319, Part 352, Sections 352.1 and 352.7, Part 354,
Sections 354.1, 354.70-354.72, and Part 381, Sections 381.1-381.15, 381.125,
revised as of January 1, 2016,
http://www.flrules.org/Gateway/reference.asp?No=Ref-11758.
(c) Code of Federal Regulations Title 19 -
Custom Duties, Part 134, revised as of April 1, 2016,
http://www.flrules.org/Gateway/reference.asp?No=Ref-11760.
(d) Code of Federal Regulations Title 21 -
Food and Drugs, Part 1 (Excluding subparts L, and M), Part 2, Sections 2.5,
2.25-2.125, Parts 7, 70, 73-74, 100, Part 101, (excluding section 101.8,
subsection 101.9(g)(2) and section 101.11), Parts 102-109, Part 111, Sections
112.3, 112.12, 112.44(a)(1)-(4), 112.140, 112.49(a), Subparts C, and L-O
pertaining only to sprouts, Part 117 (except for 117.80(c)(3)) is amended to
require refrigerated foods to be maintained at a temperature of 41 degrees
Fahrenheit (5 degrees Celsius) or below and require that hot foods be
maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or
above, Part 113 - 190 and Part 1240, revised as of April 1, 2016,
http://www.flrules.org/Gateway/reference.asp?No=Ref-11761.
(e) Code of Federal Regulations Title 40 -
Protection of Environment, Part 180, (excluding subsection 180.6(d) and Section
180.101), revised as of July 1, 2018,
http://www.flrules.org/Gateway/reference.asp?No=Ref-11762.
(2) 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 Inspection, 3125 Conner Boulevard, Suite H, Tallahassee,
Florida 32399-1650 or online as indicated.
(a) The action levels for food defects
declared by the United States Food and Drug Administration and referenced in
the FDA/CFSAN Defect Action Level Handbook, The Food Defect Action Levels, May
1995 (Revised May 1998),
http://www.flrules.org/Gateway/reference.asp?No=Ref-04900.
(b) Industry Activities Staff Booklet, Action
Levels for Poisonous or Deleterious Substances in Human Food and Animal Feed
(August 2000),
http://www.flrules.org/Gateway/reference.asp?No=Ref-04901.
(c) Fish and Fishery Products Hazards and
Controls Guidance, 4th Edition (April 2011),
http://www.flrules.org/Gateway/reference.asp?No=Ref-11763.
(d) Guidance for Industry: Juice HACCP
Hazards and Controls Guidance First Edition (March 2004),
http://www.flrules.org/Gateway/reference.asp?No=Ref-11764.
(e) AWWA B604-74: American Waterworks
Association (AWWA) Standard for Granular Activated Carbon (January 1974)
http://www.flrules.org/Gateway/reference.asp?No=Ref-11765.
(f) Guidance Document for Unattended Food
Establishments (December 2017)
http://www.flrules.org/Gateway/reference.asp?No=Ref-11768.
(3) Food Salvage Operations.
(a) The "Food Sorting Guidance and Model
Consumer Commodity Salvage Code (September 2017), " published by the
Association of Food and Drug Officials, is hereby adopted as sanitation
criteria, standards, and requirements for food salvage operations in Florida
and is incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-11766,
with the following exclusions: Sections 1-102(B), 9-102(C), (F) and (G),
13-101-13-106, and 14-101-14-107. The Department has determined that posting
the incorporated material on the Internet would constitute a violation of the
federal copyright law. The incorporated material will be available for public
inspection and examination at the Florida Department of Agriculture and
Consumer Services, Division of Food Safety, Bureau of Food and Meet Inspection,
3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650.
(b) For the purposes of subsection (3) of
this rule, "Consumer commodity" is defined as: "any food, beverage, dietary
supplement, animal food (pet food), single service food containers or utensils,
soda straws, paper napkins, or any other product of a similar nature. It also
may include animal feed when handled at the same facility as other consumer
commodities. This definition includes salvage caused by disasters which could
include animal feeds which are handled differently than "animal food" which is
destined for consumption by pets (e.g., cans of cat food, broken bags of dry
dog food)."
(4) Food Code
- Provisions Adopted and Exclusions. 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 Inspection, 3125 Conner Boulevard, Suite H, Tallahassee,
Florida 32399-1650 or online as indicated.
(a)
Chapters 1-7, Subpart 8-101, Subpart 8-103, Section 8-201.13, Section 8-201.14,
Section 8-202.10 of the "2017 Food Code, " (hereafter known as the Food Code),
"Annexes 3 - 7 of the 2017 Food Code, " published by the U.S. Public Health
Service of the U.S. Department of Health and Human Services. Interested persons
may obtain copies of these materials online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11767.
(b) The following provisions of the Food Code
are not adopted by reference and therefore are specifically excluded from rule:
1. 1-201.10(B), definitions for terms "Food
Establishment, " "Food Processing Plant, " and "Temporary Food Establishment";
and,
2. 1-201.10(B), the word
"unpackaged" only within the definition of "Food Employee"; and,
3. 4-301.12(C)(5), 4-301.12(D), 4-301.12(E);
and,
4. 3-203.11(C); and,
5. All subsequent parts of
subsection 6-202.110 after the word "law."
6. 3-502.11; and,
7.
2-102.12.
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.
New 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, 1-16-17,
10-31-17, 3-16-20.
