Current through Reg. 50, No. 249, December 24, 2024
(1) Food Supplies and Food Protection -
Except as specifically provided in this rule, public food service
establishments shall be subject to the provisions of Chapter 3, Food Code, as
adopted by reference in Rule
61C-1.001, F.A.C.
(a)
1.
Public food service establishment operators may use DBPR Form HR 5022-090, Time
as a Public Health Control Written Procedures (
https://www.flrules.org/Gateway/reference.asp?No=Ref-13899),
incorporated herein by reference and effective 2021 September, as a guide for
written procedures to apply time only, instead of time and temperature, as a
public health control for potentially hazardous food, as provided in Section
3-501.19 of the Food Code, as adopted by reference in Rule
61C-1.001, F.A.C. DBPR Form HR
5022-090 is not required and the division will accept written procedures in
another format as long as the written procedures contain all the necessary
information. The written procedures must be maintained and made available in
each food establishment at all times for use by the person in charge and for
review by the division upon request.
2. Public food service establishment
operators may use DBPR Form HR 5022-101, Non-continuous (Partial) Cooking
Written Procedures (
https://www.flrules.org/Gateway/reference.asp?No=Ref-13900),
incorporated herein by reference and effective 2021 September, to outline the
standard procedures and policies used to protect the health and safety of the
public when utilizing non-continuous cooking of raw animal foods, as provided
in Section 3-401.14 of the Food Code, as adopted by reference in Rule
61C-1.001, F.A.C. DBPR Form HR
5022-101 is not required and the division will accept written procedures in
another format as long as the written procedures contain all the necessary
information. The written procedures must be maintained and made available in
each food establishment at all times for use by the person in charge and for
review by the division upon request.
(b) In the event of an emergency such as a
fire, flood, power outage, or similar event that might result in the
contamination of food or that might prevent potentially hazardous food from
being held at safe temperatures, the person in charge shall immediately notify
the division.
(c) Labeling - Public
food service establishments which prepare and package food products for sale
within the establishment must ensure that packaged food products are properly
labeled. A label is not required on food products placed in a wrapper,
carry-out box, or other nondurable container for the purpose of protecting the
food during service to and receipt by the customer. Package labels must contain
the following information:
1. Identity and
description of product;
2. Date
product was packaged; and,
3. Name
and address of establishment which prepared and packaged
product.
(d) Paragraph
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 ready-to-eat food with bare
hands. However, s. 3-301.11(D) of the Food Code, as adopted by reference in
Rule 61C-1.001, F.A.C., allows public
food service employees to contact ready-to-eat foods with their bare hands if
the operator of the public food service establishment maintains a written
alternative operating procedure approved by the division. Such approval may be
obtained by completing optional form DBPR Form HR 5022-049, Alternative
Operating Procedure (AOP) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-11143),
incorporated herein by reference and effective 2019 November. The division will
accept written procedures in another format as long as the written alternative
operating procedure addresses all of the required components listed in the Food
Code, as adopted in Rule
61C-1.001, F.A.C.
(e) 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 until 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 continue to enforce no bare hand
contact until the establishment operator verifies completion of corrective
action, including remedial training of all food preparation
employees.
(2)
Examination and Condemnation of Food - Food may be examined by division
personnel as often as necessary to determine freedom from unwholesomeness,
adulteration or misbranding in accordance with the provisions of Section
509.032(4),
F.S.
(3) Personnel - 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
adopted by reference in Rule
61C-1.001, F.A.C.
(4) Procedure When Infection Is Suspected -
When the division has reasonable cause to suspect the 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 food service establishments shall be subject to the
provisions of Chapter 4, Food Code, as adopted by reference in Rule
61C-1.001, F.A.C.
(6) Outdoor equipment is categorized as
outdoor cooking equipment and outdoor kitchen equipment.
(a) As used in this subsection, the term
"outdoor cooking equipment" means equipment used to prepare, serve or sell food
items for immediate consumption, which is operated in conjunction with a public
food service establishment and is constructed with solid tight-fitting door(s)
and a solid tight-fitting lid or overhead dome that are integral parts of the
equipment.
1. Outdoor cooking equipment may be
used to prepare individual and bulk portions of food items, and may be used for
immediate service in response to a consumer's order.
2. The addition of outdoor cooking equipment
must meet the plan review requirements contained in paragraph
61C-1.002(5)(c),
F.A.C.
3. The removal or relocation
of previously approved outdoor cooking equipment must meet the plan review
requirements contained in paragraph
61C-1.002(5)(c),
F.A.C.
(b) As used in
this subsection, the term "outdoor kitchen equipment" means equipment used for
the storage and preparation of foods, which is operated in conjunction with a
public food service establishment. Outdoor kitchen equipment must be used in
combination with at least one piece of outdoor cooking equipment.
1. Outdoor kitchen equipment may require
overhead protection if evidence of environmental contamination is observed or
if mandated during the plan review process based on the location of the
equipment or on the nature of the food preparation occurring at the
equipment.
2. The addition of
outdoor kitchen equipment must meet the plan review requirements contained in
paragraph 61C-1.002(5)(c),
F.A.C.
3. The removal or relocation
of previously approved outdoor kitchen equipment must meet the plan review
requirements contained in paragraph
61C-1.002(5)(c),
F.A.C.
(c) All foods and
utensils must be removed from the outdoor equipment and stored within the
associated public food service establishment whenever the establishment is not
in operation.
(d) Public access to
outdoor equipment must be restricted and the equipment may only be operated by
food service employees.
(e) Outdoor
equipment may not be utilized to conduct any special processes requiring a
HACCP plan as provided in sections 3-502.11 and 3-502.12 of the Food Code as
adopted by reference in Rule
61C-1.001, F.A.C.
(f) Outdoor equipment must be installed,
approved, maintained and operated in accordance with the local fire authority
and with any local authorities having jurisdiction.
(7) Physical Facilities - 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 adopted by reference in Rule
61C-1.001, F.A.C. Public food
service establishments and all 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 to minimize dust. These surfaces shall be graded to prevent pooling
of water.
(8) Bathroom Facilities -
All bathroom facilities shall provide easy and convenient access to both
customers and employees, and shall be located on the same floor of the premises
served. For the purpose of this rule, the same floor includes any intermediate
levels between the floor and ceiling of any room or space not to exceed a
vertical height of 8 feet. Public food service establishments whose occupancy
is incidental to another occupancy may use public bathroom facilities provided
on the same floor. The travel distance may vary if adequate directional signs
are provided and the number of fixtures is deemed satisfactory by the
applicable local building authority. Easily cleanable receptacles shall be
provided for waste materials and such receptacles in bathroom facilities for
women shall be covered. Each public food service establishment shall maintain a
minimum of one bathroom facility available for public use, except as provided
herein:
(a) Mobile food dispensing vehicles,
temporary commercial kitchens, theme park food carts, vending machines, and
public food service establishments or food vendors participating in temporary
food service events shall not be required to provide public bathroom
facilities.
(b) Public food service
establishments located within arcades, malls, or flea markets may use centrally
located bathroom facilities accessible to the customers and employees of the
public food service establishments. Such centrally located bathroom facilities
must be available for use during all hours of operation; located on the same
floor as the public food service establishment; and must be accessible without
entering another business.
(c)
Public food service establishments located within theme parks and entertainment
complexes may utilize centrally located bathroom facilities accessible to the
customers and employees of the public food service establishments provided such
bathroom facilities are reasonably accessible. For purposes of this section,
reasonably accessible means within 300 feet of each establishment.
(d) Public food service establishments
located within a public lodging establishment shall be permitted to utilize
public bathroom facilities located within the public lodging establishment
provided such bathroom facilities are available for use by the customers and
employees of the public food service establishment during all hours of
operation and are located on the same floor as the public food service
establishment.
(9)
Consumer Advisory. In addition to the consumer advisory provisions of Chapter
3, Food Code, as adopted by reference in Rule
61C-1.001, F.A.C., public food
service establishments serving raw oysters shall display, on menus, placards,
or other effective means, the following notice: "Consumer Information: There is
risk associated with consuming raw oysters. If you have chronic illness of the
liver, stomach or blood or have immune disorders, you are at greater risk of
serious illness from raw oysters, and should eat oysters fully cooked. If
unsure of your risk, consult a physician."
(10) Obtaining forms. All forms incorporated
in this section are available from the Division of Hotels and Restaurants
Internet website www2.MyFloridaLicense.com/hotels-restaurants;
by email request submitted at
www2.myfloridalicense.com/DBPR/contactus;
by phone request to the department at (850)487-1395; or upon written request to
the Department of Business and Professional Regulation, Division of Hotels and
Restaurants, 2601 Blair Stone Road, Tallahassee, Florida
32399-1011.
Rulemaking Authority
509.032,
509.221 FS. Law Implemented
509.032,
509.035,
509.221
FS.
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, 8-12-08, 6-13-10, 2-12-13, 4-29-15, 10-29-19,
1-17-22, 1-18-23, 10-18-23.
