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Document Citation: 61C-4.010, F.A.C.
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FLORIDA ADMINISTRATIVE CODE
TITLE 61 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
61C DIVISION OF HOTELS AND RESTAURANTS
CHAPTER 61C-4 PUBLIC FOOD SERVICE ESTABLISHMENTS
Date:
08/31/2009
Document:
61C-4.010 Sanitation and Safety Requirements.
(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) Public food service establishment operators may use DBPR Form HR 5022-090, TIME AS A PUBLIC HEALTH CONTROL WRITTEN PROCEDURES, incorporated herein by reference and effective 2009 October 15, 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.
(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) 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 ready-to-eat food with bare hands. Under the language "When otherwise approved" in Section 3-301.11(C) 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 if the operator of the public food service establishment maintains a written alternative operating procedure which addresses all of the following components:
1. Identification of:
a. Specific work area(s), such as the sandwich prep line or cook line;
b. Employee position(s) where bare hand contact with ready-to-eat foods will occur;
c. Actual food preparation processes where bare hand contact with ready-to-eat food will be used; and
d. Employees' procedures for handling ready-to-eat foods, which must also include how cross contamination from touching raw animal food and ready-to-eat food is precluded.
2. Identified employee positions whose duties may include handling of ready-to-eat foods with their bare hands must receive professional hygiene training in accordance with subsection 61C-4.023(6), F.A.C., prior to any food handling activity. Training shall be provided to all employees assigned to positions which include handling ready-to-eat foods, emphasizing the importance of proper hand washing for all employees with bare hand contact with ready-to-eat food. Evidence of this training (content, employees, dates) shall be available to the division upon request.
3. Food service 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 who handle ready-to-eat foods with bare hands 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 to employee health status, exclusions, and restrictions.
5. The public food service establishment's written alternative operating procedure 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 written alternative operating procedure. The written alternative operating procedure must also describe the corrective actions the operator must take when the procedure is 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 alternative operating procedures.
6. The division shall approve written alternative operating procedures. Such approval may be obtained by completing DBPR Form HR 5022-049, ALTERNATIVE OPERATING PROCEDURE (AOP), incorporated herein by reference and effective 2009 October 15, which includes all information required in a written alternative operating procedure. DBPR Form HR 5022-049 is not required to obtain approval. The division will accept written procedures in another format as long as the written alternative operating procedure contains all the necessary information.
(e) A copy of the written alternative operating procedure 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 regulatory authority upon request. The written alternative operating procedure must be reviewed by the operator annually and modified as necessary. A verification of the annual review must be recorded as part of the written alternative operating procedure.
(f) If an 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 alternative operating procedure; 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 the division will enforce no bare hand contact 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 the establishment operator verifies completion of corrective action, including 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 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 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) 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.
(7) 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, 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.
(8) Obtaining forms. All forms incorporated in this section are available from the Division of Hotels and Restaurants Internet website www.MyFloridaLicense.com/dbpr/hr; by e-mail to call.center@dbpr.state.fl.us; by phone request to the department at (850)487-1395; or upon written request to the Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1014.
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