Current through Reg. 50, No. 249, December 24, 2024
(1) Except as
otherwise specified in this rule, mobile food dispensing vehicles, temporary
commercial kitchens and theme park food carts shall comply with applicable
requirements of Rules
61C-4.010 and
61C-4.023, F.A.C.
(2) Mobile food dispensing vehicles and
temporary commercial kitchens shall meet the following additional requirements:
(a) Food serving openings shall not be larger
than necessary for the particular operation conducted and shall be kept closed
at all times except when food is actually being served.
(b) Waste containers shall be provided for
the deposit of food scraps, food wrappings, cups, napkins and discarded
single-service articles.
(c) Mobile
food dispensing vehicles and temporary commercial kitchens 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. Mobile food dispensing vehicles and
temporary commercial kitchens 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 and temporary commercial kitchens
must report to their commissary at least daily when in operation.
(d) When a service area is provided at the
commissary for cleaning and servicing mobile food units, the service area shall
be physically separated from other food operations; shall be equipped to
furnish potable water in accordance with any state or local authorities having
jurisdiction; and shall provide facilities for the drainage and disposal of
liquid wastes in accordance with any state or local authorities having
jurisdiction, and the local building authority having jurisdiction. The surface
of the servicing area shall be constructed of a smooth nonabsorbent material
such as concrete or machine laid asphalt and shall be maintained in good
repair, kept clean and be graded to drain.
(e) The owner of each mobile food dispensing
vehicle and temporary commercial kitchens shall notify the division of each
commissary they intend to utilize for support services before using the
commissary by submitting DBPR HR-7022, COMMISSARY SERVICES NOTIFICATION (
https://www.flrules.org/Gateway/reference.asp?No=Ref-15946),
incorporated herein by reference and effective 2023 August.
(f) After submission of an initial
application, the operator of a temporary commercial kitchen must notify the
division within 48 hours after commencing operation in a new or different
location by submitting DBPR HR-7034, NOTIFICATION OF TEMPORARY COMMERCIAL
KITCHEN OPERATIONS (
https://www.flrules.org/Gateway/reference.asp?No=Ref-16472),
incorporated herein by reference and effective 2024 January. The completed form
should be submitted electronically to the division at
dhr.info@myfloridalicense.com.
(g)
Mobile food dispensing vehicles and temporary commercial kitchens shall not
obtain water from or dispose of wastewater at a private residence or prepare
food; store food products, equipment or utensils; or conduct ware washing or
any other activities related to the public food service in a private residence.
The exterior of the vehicle or kitchen may be washed in any location, provided
the wastewater does not create a sanitary nuisance.
(h) Self-sufficient mobile food dispensing
vehicles and self-sufficient temporary commercial kitchens are exempt from
paragraphs (2)(c) and (2)(e) of this rule.
(3) Mobile food dispensing vehicles which
limit the preparation of food to frankfurters only shall comply with all
applicable requirements set forth in Rules
61C-4.010 and
61C-4.023, F.A.C., as well as
the additional requirements set forth in subsections (2), (4), (5) and (8) of
this rule; except that:
(a) A utensil washing
sink will not be required when all necessary washing and sanitizing of utensils
and equipment are conducted at a designated approved commissary or fixed food
establishment. An adequate supply of spare preparation or serving utensils
shall be maintained on the vehicle and used to replace any utensils that become
contaminated.
(b) Paragraph (2)(a)
of this rule shall not apply when adequate precautions are utilized to prevent
contamination of the frankfurters during cooking operations.
(c) Time/temperature control for safety
(potentially hazardous) foods such as chili, cooked onions and peppers, cheese,
and cheese sauce may only be served in individually portioned and packaged or
pre-packaged containers that are maintained at proper temperatures on the unit.
Non-time/temperature control for safety (non-potentially hazardous) foods such
as relish, raw onions and peppers, and other such condiments may be served
directly from the unit.
(4) Mobile food dispensing vehicles or
temporary commercial kitchens which fail to provide water and waste systems or
which otherwise fail to meet all applicable requirements of this chapter shall
not engage in food preparation except as permitted in subsection (3) of this
rule. Such mobile food dispensing vehicles or temporary commercial kitchens
shall handle only completely wrapped or packaged food which has been
manufactured, processed, prepared, and packaged in individual servings at an
approved public food service establishment or a food processing plant and
transported and stored in accordance with the provisions of this chapter. Bulk
beverages from approved sources may be dispensed from covered urns or other
protected containers.
(5) Mobile
food dispensing vehicles may temporarily connect to an approved utility system
for no more than one day's operation, if the utility system provides water,
wastewater, or electricity adequate to meet the needs of the unit and the unit
returns to its base commissary as described in paragraph (2)(c) of this
rule.
(6) A mobile food dispensing
vehicle which conducts business within a theme park or entertainment complex
may be stationary; may connect to an approved utility system; and shall be
exempt from the further requirements of paragraph (2)(c) and subsection (5) of
this rule.
(a) The mobile food dispensing
vehicle shall designate a commissary within the theme park or entertainment
complex. The designated commissary shall be equipped with a mobile cleaning
unit that will travel from the commissary to the mobile food dispensing
vehicle. The mobile cleaning unit will be based in a service area adjacent to
the designated commissary as described in paragraph (2)(d) of this rule. The
mobile cleaning unit shall be stocked with supplies to clean the interior and
exterior of a mobile food dispensing vehicle. In addition, the mobile cleaning
unit shall carry a supply of potable water sufficient to fill the mobile food
dispensing vehicle's potable water tank, and shall be able to pump waste water
from a mobile food dispensing vehicle into holding tanks on the mobile cleaning
unit, if necessary. The mobile cleaning unit holding tanks shall be emptied in
accordance with the provisions of paragraph (2)(d) of this rule.
(b) Mobile cleaning units shall be subject to
the plan review requirements contained in paragraph
61C-1.002(5)(c),
F.A.C.
(c) The mobile cleaning unit
shall travel to and service the mobile food dispensing vehicle not less than
once weekly or more often as needed to replenish supplies, clean the interior
of the unit, or dispose of liquid or solid wastes.
(7) If a theme park has a servicing area to
support its theme park food carts which meets the sanitation and safety
standards of this rule, deviations from the provisions of this rule are allowed
for theme park food carts, provided there is full compliance with the following
additional requirements:
(a) The preparation
of time/temperature control for safety (potentially hazardous) foods shall be
prohibited; except that, frankfurters and hamburger patties, obtained from
approved sources, which prior to service require no further preparation except
cooking, may be served. Time/temperature control for safety (potentially
hazardous) food, which has been portioned for individual service at an approved
fixed food service establishment, may be served from an enclosed theme park
food cart as long as the food is protected from contamination by way of
enclosures with self-closing doors, screens, air curtains, or other approved
methods. Sandwich fillings may be individually portioned from protected
containers. Condiments may be served individually packaged, from approved
dispensers, or by the operator as a part of food preparation. Theme park food
carts shall operate adjacent to or within 300 feet of the support
facility.
(b) Ice which will be
consumed or which will come into contact with food shall be obtained from an
approved source only in chipped, crushed or cubed form. The ice shall be held
in a way that protects it from contamination until dispensed.
(c) Food and food-contact surfaces shall be
protected from rain, dust, rodents, insects and customer contamination. Where
necessary to prevent such contamination, overhead protection and effective
shields or air curtains shall be provided.
(d) All food carts, when used, shall be
cleaned and serviced at least once daily.
(e) At the end of each period of operation,
all foods and supplies shall be stored in the theme park's commissary or at an
approved fixed food service establishment within the park.
(f) Each theme park food cart other than
those offering only packaged shall provide employees with adequate and
conveniently located handwashing facilities equipped with running hot and cold
water, hand cleansing soap or detergent, and approved sanitary towels or other
approved hand-drying device.
(g) An
adequate supply of sanitized, covered, or wrapped spare preparation or serving
utensils shall be maintained in the theme park food cart and used to replace
any utensil that becomes contaminated. All multi-use preparation and serving
utensils used in theme park food carts shall be washed and sanitized daily at
the theme park's commissary or at an approved fixed food service establishment
within the park.
(h) All storage
cabinets must be of closed construction to prevent the entrance of
vermin.
(8) Fire
extinguishing equipment and liquified petroleum gas appliances, equipment,
apparatus or containers shall be installed, approved, maintained, and used in
accordance with the Florida Fire Prevention Code as approved by the local fire
authority.
(9) Copies of all forms
adopted in this section are available from the Division of Hotels and
Restaurants Internet website
http://www2.myfloridalicense.com/hotels-restaurants;
by email request submitted at www2.MyFloridaLicense.com/contact-us;
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,
509.101,
509.102,
509.211,
509.215,
509.221
FS.
New 2-21-91, Formerly 10D-13.0291, 7C-4.0161, Amended
3-31-94, 9-25-96, 5-11-98, 7-2-98, 2-12-08, 8-12-08, 6-13-10, 11-1-12, 7-4-13,
1-6-15, 4-29-15, 7-29-18, 2-18-21,
12-31-23.
