Section 64E-11.003 - Food Hygiene Standards(1) Food Supplies - Except as specifically provided in this subsection, the standards for food supplies are governed by Part 3-2 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. (a) Food received or used in food service establishments must be from sources approved or considered satisfactory by the department and must be clean, wholesome, free from spoilage, adulteration and misbranding, and safe for human consumption. Food must have been prepared, processed, handled, packaged, transported and stored in a sanitary manner so as to be protected from contamination and spoilage.(b) Meat and meat products received or used in a food service establishment shall be identified as having been officially inspected for wholesomeness and sanitation by a federal or state regulatory program.(c) Food prepared in a private home shall not be used, sold, or offered to the public by a food service establishment or theater.(2) Food Protection - Except as specifically provided in this subsection, the standards for food protection are governed by Parts 3-3 through 3-8 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. (a) Food while being transported, stored, prepared, displayed, served or sold at a food service establishment must be protected from dust, flies, rodents or other vermin, toxic materials, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding by sewage, overhead leakage and all other sources of contamination.(b) In the event of an emergency occurrence 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 a safe temperature, the person in charge must immediately notify the department.(3) Personnel - Except as specifically provided in this subsection, the standards for personnel are governed by Parts 2-2 through 2-5 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. (a) No person while affected with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, can work in any area of a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms, or transmitting disease to other individuals, and no person known or suspected of being affected with any such disease or condition can be employed in such an area or capacity. If the management of the food service establishment has reason to suspect that an employee has contracted any disease in a communicable form or has become a carrier of such disease that can be transmitted by normal food service operation, the department must be notified immediately. Both management and employee are responsible for compliance with the requirements of this section.(b) Infants and children under 14 years of age are not permitted in food preparation areas. Only authorized individuals, necessary for the operation of the food service establishment, or as part of an organized educational event, are allowed in the food preparation or utensil washing areas.(4) Food Equipment and Utensils - Except as specifically provided in this subsection, the standards for food equipment and utensils are governed by Chapter 4 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. Every food service establishment must have equipment and utensils so designed, constructed, located, installed, maintained and operated as to permit full compliance with the provisions of this chapter. Only equipment necessary for the proper operation of the activities of the food service establishment is required. Sinks used for the preparation of food shall not be used for any other purpose.(5) Sanitary Facilities and Controls - except as specifically provided in this subsection, the standards for sanitary facilities and controls are governed by Chapter 5 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. (b) Sewage Disposal - Sewage must be disposed of in a public sewerage system or other approved sewerage system in accordance with provisions of chapter 64E-6 or chapter 62-600, F.A.C., whichever is applicable. Chapter 62-600, F.A.C. (07/2018) is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09898. Grease interceptors must be readily accessible for cleaning. Grease interceptors must be designed and installed in accordance with provisions of chapter 64E-6, F.A.C., or the applicable plumbing authority.(c) Plumbing - Plumbing must be sized, installed, and maintained in accordance with provisions of the applicable plumbing authority. The plumbing must provide adequate quantities of potable water to required locations throughout the establishment; prevent contamination of the water supply; properly convey sewage and liquid wastes from the establishment to the sewerage system; and must not constitute a source of contamination of food, equipment or utensils or create an unsanitary condition or nuisance. An indirect waste connection is required between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed.(d) Handwashing Facilities - Lavoratories must be located in or immediately adjacent to all toilet rooms. At least one employee handwashing facility must be located within each food preparation area, within 20 feet of the duty station, visible and accessible through an unobstructed area.1. For school concession stands existing and operating prior to January 2010, an employee handwashing facility is not required in an outdoor cooking area, provided that the outdoor cooking area is adjacent to a concession stand building that meets the employee handwashing facility requirements.2. Where only prepackaged food items are served and workers do not open prepackaged items or otherwise come into contact with exposed food, a handwashing sink must be within 100 feet and on the same floor where food items are distributed.(e) Garbage and Rubbish Disposal - All garbage and rubbish must be removed from the food establishment premises with sufficient frequency to prevent nuisance conditions and must be disposed of in accordance with provisions of chapter 62-701, F.A.C. (07/2018), which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09899.(6) Other Facilities and Operations - Except as specifically provided in this subsection, the standards for other facilities and operations are governed by Chapters 6-7 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. (a) Ventilation - All rooms in which food is stored, prepared or served, utensils are washed, toilet, dressing and locker rooms and garbage storage areas must be well ventilated. Filters, where used, must be readily removable for cleaning unless designed to be cleaned in place. Ventilation systems must comply with applicable fire prevention requirements and must discharge in such a manner as not to create a nuisance. Intake and exhaust air ducts must be maintained to prevent the entrance of dust, dirt, and other contaminating materials.(b) At least one utility sink or curbed cleaning facility with a floor drain must be provided and used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. The use of lavatories, utensil washing or equipment washing, or food preparation sinks for this purpose is prohibited.1. Each utility sink or curbed cleaning facility must be supplied with hot and cold water under pressure.2. School concession stands that operate only in conjunction with sporting events, festivals, or similar actvities are exempt from this requirement when a self-contained mopping apparatus is used in accordance with the manufacturer's instructions and is available for use at all times anda. The school concession stand was existing and operating prior to January 1, 2010, orb. The school concession stand was constructed and operating on or after January 1, 2010, and the food operation is restricted to the service of prepackaged food items.(c) Live Birds and Animals - No live birds or animals, excluding crustacea, shellfish, and fish in aquariums, are allowed in a food service establishment, in vehicles used for transporting food, or in any other area or facility used to conduct food service operations, except as provided under section 413.08, F.S.(7) Temporary Food Service Events - Food service operations at temporary food service events must comply with all applicable sanitary requirements of this rule, unless otherwise exempted in this subsection.(b) Facilitites - Specific requirements for the physical facility where the food service operation is to be conducted are based on the type food that is to be prepared or served, the length of the event, and the amount of food preparation that is to be conducted at the temporary facility.1. If the food service operation is intended for the sale of only packaged, non-time/temperature control for safety (non-TCS) food or drink, the food packages must be protected from dust, dirt, and other sources of contamination during storage and serving.2. Overhead protection must be provided at all food service operations when food is prepared or portioned on premises.3. When time/temperature control for safety (TCS) food is prepared at temporary food service events of more than 3 days, the physical structure where the food preparation occurs must be protected from the entrance of flying insects and other vermin.(c) All food and beverages served at temporary food service events must be from approved sources in accordance with provisions of this chapter or prepared on premises.(d) All food served at temporary food service events must be protected in accordance with provisions of this chapter.(e) Food and food-contact surfaces must be protected from contamination by customers and dust. Where necessary, effective shields or covers must be provided.(f) Ice which will be consumed or which will come into contact with food must be obtained from an approved source. The ice must be held in a way that protects it from contamination until dispensed.(g) Storage of packaged food in contact with water or undrained ice is prohibited. Beverage containers may be stored in direct contact with ice when: a. The storage facility is equipped with adequate drains which preclude the accumulation of water during use;b. The melt water is disposed of so as not to create a nuisance; andc. The storage facility is kept clean.(h) When all necessary washing and sanitizing of utensils and equipment are conducted at an approved commissary or food service establishment, a utensil washing sink is not required, provided that an adequate supply of spare preparation and serving utensils are maintained in the establishment and used to replace those that become soiled. A sanitizer solution in a bucket or spray bottle to adequately sanitize the food preparation surfaces must be available at all times.(i) All food service operations which prepare food on premises must provide an adequate supply of potable water for cleaning and employee handwashing. An adequate supply may be provided in clean, portable containers equipped with on/off valves. Soap and single-service towels must be available for handwashing and hand drying.(j) Equipment must be installed in such a manner that the establishment can be kept clean and the food will not become contaminated.(k) Liquid waste which is not discharged into a sewerage system must be disposed of in a manner that will not create a public health hazard or a sanitary nuisance.(l) Floor construction in establishments which prepare food on premises must be of durable material. Dirt or gravel subflooring can be used when graded to drain, and covered with platforms, duckboards, plastic film, wood chips, shavings, or similar suitable material such as a sufficient cover of grass or turf to control dust.(m) Walls and ceilings, when required, must be constructed to minimize the entrance of flies and dust. Ceilings may be of wood, canvas, or other materials which protect the interior of the establishment from the elements and walls may be of such materials or of 16 mesh screening or equivalent. Doors to food preparation areas, when required, must be solid or screened and shall be self-closing. Counter service openings, for facilities with wall enclosures, must not be larger than necessary for the particular operation conducted and must be kept closed at all times, except when food is actually being served.(n) All food service operations at temporary food service events without effective facilities for cleaning and sanitizing tableware must provide only single-service articles for use by the consumer.(8) Vending Machines - Except as specifically provided in this subsection, the standards for vending machines are governed by Section 4-204.12 - Section 4-204.111 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. (a) Food Supplies - All foods, beverages, and ingredients offered for sale through vending machines offering time/temperature control for safety foods, which are located at food service establishments regulated under this chapter, must be from approved sources in accordance with provisions of subsection (1); must be manufactured, processed, and prepared in an approved food service establishment or food processing plant; and must be delivered to the vending machine from an approved commissary or other approved food establishment.(b) Food Protection - All food must be protected in accordance with provisions of subsection (2). A thermometer accurate to plus or minus 3 degrees Fahrenheit must be provided to indicate the air temperature of food storage compartments used for time/temperature control for safety foods.(c) Cleaning - All food-contact surfaces of vending machines must be thoroughly cleaned and subjected to effective bactericidal treatment at scheduled intervals, based upon the type of product being dispensed, as approved by the department in accordance with provisions of subsection (4). A record of such cleaning and sanitizing operations must be maintained in each machine and must be current for at least the past 30 days. The cavities and door edges of microwave ovens and similar equipment, used in conjunction with the beverages or food from a vending machine, must be cleaned at least once a day and must be kept free of encrusted grease deposits and other accumulated soil. Food-contact surfaces of all equipment and utensils must be protected from contamination at all times, including while being transported from the commissary to the vending location.(d) Single-Service Containers - All single-service containers which receive food or beverage from machines dispensing products in bulk must be purchased in sanitary cartons or packages, which protect the containers from contamination; must be stored in a clean dry place in the original carton or package until introduced into the container magazine or dispenser of the vending machine; and must be handled in a sanitary manner. Single-service containers stored within the vending machine must be protected from manual contact, leakage, dust, insects, rodents and other contamination.(e) Equipment Location - Vending machines, ovens, and other equipment associated with the use of beverages or food from a vending machine, must be located in a room, area or space which can be maintained in a clean condition and which is protected from overhead leakage from drains, piping and other sources. 1. Each machine must be so located that the space around and under the machine can be readily cleaned and so that insect and rodent harborage is not created. The immediate area must be well lighted and ventilated. The floor area upon which vending machines are placed must be of such construction as to be easily cleaned and must be kept clean and in good repair.2. Adequate handwashing facilities, including hot and cold running water, soap and individual, single-service towels must be located within 50 feet of machine locations where employees service bulk food machines. Handwashing facilities must be within 20 feet of machine locations where employees handle unpackaged or exposed foods.(f) Interior Construction and Maintenance - All interior surfaces and component parts of vending machines must be so designed and constructed as to permit easy cleaning and shall be kept clean.1. All food-contact surfaces of vending machines must be smooth, in good repair, and free of breaks, corrosion, open seams, cracks, and chipped places. The design of such surfaces must be such as to preclude routine contact between food and V-type threaded surfaces, except that in equipment where such contact is unavoidable, such as ice makers, such threads must be minimized. All joints and welds in food-contact surfaces must be smooth; and all internal angles and corners of such surfaces must be rounded to facilitate cleaning. If solder is used, it must be composed of safe materials and be corrosion resistant. All food-contact surfaces of vending machines, including containers, pipes, valves and fittings, must be constructed of non-toxic, corrosion resistant, and nonabsorbent materials and must be kept clean. All containers, valves, fittings, chutes and faucets which are in contact with food must be easily disassembled and when disassembled, all surfaces must be visible for inspection and cleaning. In machines of such a design that pipes or tubing are in contact with food but are not readily removable, in-place cleaning of such pipes and pipe fittings may be permitted; provided:a. They are so arranged that cleaning and bactericidal solutions can be circulated throughout the fixed system;b. Such solutions will contact all interior surfaces;c. The system is self-draining or otherwise capable of being completely evacuated; andd. The cleaning procedures result in thorough cleaning of the equipment.2. The openings into all nonpressurized containers used for the storage of vendable foods and ingredients including water must be provided with covers which prevent contamination from reaching the interior of the containers. Such covers must be designed to provide a flange which overlaps the opening and must be sloped to provide drainage from the cover surface wherever the collection of condensation, moisture or splash is possible. Concave covers or cover areas are prohibited. Any port opening through the cover must be flanged upward at least three sixteenth inch and must be provided with an overlapping cover flanged downward. Condensation or drip deflecting aprons must be provided on all piping, thermometers, equipment, rotary shafts and other functional parts extending into the container, unless a watertight joint is provided. Such aprons must be considered as satisfactory covers for those openings which are in continuous use. Gaskets, if used, must be of a material which is nontoxic, stable, and nonabsorbent and must have a smooth surface. All gasket retaining grooves must be easily cleanable.3. The delivery tube or chute and orifice of all bulk food vending machines must be protected from normal manual contact, dust, insects, rodents and other contamination. Design must be such as to divert condensation or other moisture from the normal filling position of the container receiving the food or beverage. The vending stage of such machines must be provided with a tight fitting, self-closing door or cover which is kept closed, except when food is being removed.4. The food storage compartment and other compartments in refrigerated vending machines which are subject to condensation or cooling water retention must be so constructed as to be self-draining or must be provided with a drain outlet which permits complete draining of the compartment. In vending machines designed to store cartoned beverages, diversion devices and retention pans or drains for leakage must be provided. All such drains, devices and retention pans must be easily cleanable.5. Opening devices which come into contact with the food or the food-contact surface of the containers must be constructed of smooth, nontoxic, corrosion resistant and nonabsorbent materials. Unless the opening device is of a single-service type, it must be readily removable for cleaning and must be kept clean. Parts of multi-use opening devices which come into contact with the food or food-contact surface of containers must be protected from manual contact, dust, insects, rodents and other contamination and such parts must be readily removable for cleaning and must be kept clean.(g) Delivery of Foods, Equipment, and Supplies - Food, single-service containers, and food-contact surfaces of equipment, containers, and devices must be protected from the elements, dirt, dust, insects, rodents, and other contaminants while in transit to vending machine locations. Time/temperature control for safety foods must be maintained at safe temperatures while in transit.(h) Personnel - Individuals servicing or replenshing these machines must comply with all applicable provisions of subsection (3), rule 64E-11.012, and rule 64E-11.013, F.A.C.Fla. Admin. Code Ann. R. 64E-11.003
Rulemaking Authority 381.006, 381.0072 FS. Law Implemented 381.006, 381.0072 FS.
New 1-1-77, Amended 1-6-81, Formerly 10D-13.23, Amended 2-21-91, Retained here and Transferred to 7C-4.010, Amended 6-1-93, 8-28-96, Formerly 10D-13.023, Amended 3-15-98, 7-14-03, Amended by Florida Register Volume 44, Number 177, September 11, 2018 effective 9/26/2018.New 1-1-77, Amended 1-6-81, Formerly 10D-13.23, Amended 2-21-91, Retained here and Transferred to 7C-4.010, Amended 6-1-93, 8-28-96, Formerly 10D-13.023, Amended 3-15-98, 7-14-03, 9-26-18.