Chapter_64E_11.pdf

CHAPTER 64E-11

FOOD HYGIENE

64E-11.001 Food Hygiene ‒ General 64E-11.002 Definitions 64E-11.003 Food Supplies 64E-11.004 Food Protection 64E-11.005 Personnel 64E-11.006 Food Equipment and Utensils 64E-11.007 Sanitary Facilities and Controls 64E-11.008 Other Facilities and Operations 64E-11.009 Temporary Food Service Events 64E-11.010 Vending Machines 64E-11.011 Procedure When Infection Is Suspected 64E-11.012 Manager Certification 64E-11.013 Sanitation Certificates and Fees 64E-11.014 Mobile Food Units 64E-11.015 Afterschool Meal Program

64E-11.001 Food Hygiene ‒ General.

This rule prescribes minimum sanitary practices and other regulatory standards relating to food service establishments and theaters serving food or drink to the public, as defined by this rule.

(1) All food operations occurring at the physical facilities defined by Section 381.0072, F.S., will be solely regulated by this chapter.

(2) All food operations occurring at temporary food service events and vending machines dispensing potentially hazardous foods or prepared meals at facilities defined as food service establishments by Section 381.0072, F.S., will be regulated by this chapter.

(3) Food operations occurring at facilities or premises other than what is defined in Section 381.0072, F.S., are not regulated by this chapter.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Formerly 10D-13.21, Amended 2-21-91, Retained here and Transferred to 7C-4.008, Amended 6-1-93, 8-28-96, Formerly 10D-13.021.

64E-11.002 Definitions.

(1) “Adulterated” – Food shall be considered to be adulterated:

(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or

(b) If it bears or contains any added poisonous or added deleterious substance, other than one which is a pesticide chemical in or on a raw agricultural commodity, which in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready to eat, is not greater than the tolerance prescribed for the raw agricultural commodity; or

(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, which renders it unfit for consumption; or

(d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or

(e) If it is the product of a diseased animal, an animal which has died otherwise than by slaughter, or an animal that has been fed the uncooked offal from a slaughter house, or from other food establishments; or

(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(2) “Air gap” – The unobstructed vertical distance, through the free atmosphere, between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood-level rim of the receptacle, or the lowest opening from any waste outlet pipe and the flood-level rim of the receptacle.

(3) “Air Curtain” – A mechanical device which produces a controlled plane of moving air at a minimum velocity of 500 feet per minute across the opening protected and directed so as to prevent the entrance of flying insects and other airborne contaminants.

(4) “Bars and lounges” – A facility which possesses a consumption on premises alcoholic beverage license from the Division of Alcoholic Beverages & Tobacco; where food service is limited to:

(a) The preparation of drinks; or

(b) The service of non-potentially hazardous snack foods (such as, chips, popcorn and pretzels); or

(c) The service of potentially hazardous foods and no preparation of potentially hazardous food occurs.

(5) “Caterer” – A food service establishment listed under Section 381.0072, F.S., that prepares food at one location for delivery to and individual portion service at another location.

(6) “Civic” – Any organization, excluding Division of Blind Services, offering food service to the public; and

(a) Possesses tax exempt status under 26 U.S.C. section 501(c)(4); or

(b) Which has a chartered body of citizens, recognized by a municipality, whether for profit or not, that operates primarily to further the common good and general welfare of the people of the community.

(7) “Commissary” – A food service establishment or any other commercial establishment where food, containers, or supplies are stored, prepared, or packaged, or where utensils are sanitized for transit to, and sale or service at, other locations.

(8) “Comminuted” – Fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.

(9) “Corrosion-resistant” – Those materials which maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions-of-use environment.

(10) “Easily cleanable” – Surfaces that are readily accessible and of such material, finish and so fabricated that residue may be effectively removed by normal cleaning methods.

(11) “Easily movable” – Small equipment weighing 30 pounds or less; or mounted on casters, or provided with mechanical means of safely tilting for cleaning purposes; and has no utility connection, or has a utility connection that disconnects quickly, or has a flexible utility connection line of sufficient length to permit the equipment to be moved for cleaning of the area.

(12) “Employee” – Any person working in or for a food service establishment who engages in food preparation or service, who transports food or food containers, or who comes in contact with any utensil or equipment.

(13) “Equipment” – All stoves, ranges, hoods, meatblocks, tables, counters, cabinets, refrigerators, freezers, sinks, dishwashing machines, steam tables and similar items, other than utensils, used in the operation of a food service establishment.

(14) “Extensively remodeled” – For the purpose of this chapter, the term extensively remodeled means structural changes to an existing establishment which costs in excess of 50 percent of the assessed value of the facility as determined by the county property appraiser.

(15) “Fixed food establishment” – A food service establishment which operates at a specific location and is connected to electrical, water, and sewage disposal systems.

(16) “Food” – Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use in whole, or in part, for human consumption.

(17) “Food-contact surfaces” – Surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip or splash back onto surfaces normally in contact with food.

(18) “Food preparation” – The manipulation of foods intended for human consumption by such means as washing, slicing, peeling, chipping, shucking, scooping, and/or portioning. The term also includes those activities involving temperature changes, combining ingredients, opening ready-to-eat food packages, or any other activity causing physical or chemical alterations in the food.

(19) “Fraternal” – An organization primarily operating for social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, that offers food service to its members or the public at their facility, and possess a charter.

(20) “Garbage” – Food waste generated on premises that is not disposed of through the sewage disposal system. The term also includes solid waste such as discarded containers or wrappers that are contaminated with food waste.

(21) “Guest” – As it relates to churches, synagogues, or other not-for-profit religious organizations, an individual who is not a member of the religious organization; and

(a) Who does not regularly attend non-food service events at the religious organization; and

(b) Whose participation in a food service event is not contingent upon attending non-food service activities of the religious organization; and

(c) Who receives food service without cost or donation, excluding bake sales that are limited to non-potentially hazardous baked goods.

(d) This term does not include patrons of a soup kitchen or similar operation.

(22) “HACCP Plan” – A written document that delineates the formal procedures for following the Hazard Analysis Critical

Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.

(23) “Hermetically sealed container” – A container designed and intended to be secure against the entry of microorganisms to maintain the commercial sterility of its contents after processing.

(24) “Highly susceptible population” – A group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults institutionalized or preschool age children in custodial care.

(25) “Hot water” – For the purposes of this chapter, hot water means a water temperature of 100 degrees Fahrenheit or above.

(26) “Indirect waste connection” – An indirect waste connection is a liquid waste pipe that is connected with the sewerage system through an air gap or air break.

(27) “Institution” – A place that provides food service as that term is defined in Section 381.0072, F.S., established and operated to provide: care for persons who are destitute, disabled, mentally ill, or incarceration of prisoners and inmates; medical care or treatment; or education. Examples of such places include state mental health facilities, substance abuse treatment facilities, jails or prisons, hospitals, schools, colleges and universities.

(28) “Kitchenware” – All multi-use utensils other than tableware.

(29) “Limited food service establishment” – Any establishment with a food service operation, so limited by the type and quantity of foods prepared and the equipment utilized, that it poses a lesser degree of risk to the public’s health, and, for the purpose of fees, requires less time to monitor. The term includes small seasonally operated concessions stands at schools, satellite kitchens that dispense catered meals and similar facilities.

(30) “Manager” – An individual who has direct authority, control or supervision over employees engaged in the storage, preparation, display and serving of food to the public.

(31) “Misbranded” – Food shall be considered to be misbranded:

(a) If in packaged form it lacks a label containing the name and place of business of the manufacturer, packer, or distributor; or an accurate statement of the contents; or

(b) If it is offered for sale under the name of another food; or

(c) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed and it is not.

(32) “Mobile food unit” – Any food service unit which is self-propelled or otherwise moveable from place to place and is self-sufficient for utilities, such as gas, water, electricity and liquid waste disposal, whose commissary is a DOH regulated food service establishment.

(33) “Other Food Service” – Any food service establishment located at or operated by a church, synagogue, or other not for profit religious organization that advertises food or drink for public consumption, an adult day care center, or a prescribed pediatric extended care center. The term also includes any other food service operation that has not been defined elsewhere in this chapter, but is located on the premises of an establishment regulated by the department under Section 381.0072, F.S. Examples include restaurants, delicatessens, establishments that primarily prepare and serve nonalchoholic beverages such as coffee and smoothies, and retail food stores that provide food service, but which are not licensed under Chapter 500 or 509, F.S.

(34) “Perishable food” – Any food of such type or in such condition as may spoil; provided, that foods which are in hermetically sealed containers processed by heat or other means to prevent spoilage and properly packaged, dehydrated, dry or powdered foods so low in moisture content as to retard development of microorganisms shall not be considered readily perishable.

(35) “Plumbing authority” – The local governing body, such as a county or city building inspection department which has adopted a plumbing code and has authority to interpret, inspect, and provide enforcement of plumbing standards.

(36) “Potentially hazardous food” – Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form:

(a) Capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms; or

(b) Capable of supporting the slower growth of Clostridium botulinum.

(c) The term “potentially hazardous food” does not include foods which have a pH level of 4.6 or below or a water activity

(Aw) value of 0.85 or less, or air-cooled hard-boiled eggs with the shell intact.

(37) “Premises” – The physical food service establishment and the contiguous land or property under the control of the manager, operator or owner.

(38) “Product thermometer” – A thermometer, thermocouple, thermistor or other device that when inserted into food indicates the temperature of the food. This term does not include non-product ambient temperature sensing devices.

(39) “Ready-to-eat food” – Food that is in a form that is edible without washing, cooking, or additional preparation by the establishment or the consumer and that is reasonably expected to be consumed in that form. This includes:

(a) Unpackaged potentially hazardous food that is cooked to the temperature and time required for the specific food under Rule

64E-11.004, F.A.C.;

(b) Raw, washed, cut fruits and vegetables;

(c) Whole, raw, fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet; and

(d) Other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed.

(40) “Reconstitute” – The recombination of dehydrated food products with potable water or other suitable liquids.

(41) “Residential Facility” – A food service establishment located at a community based residential facility as defined in

Chapter 64E-12, F.A.C. For the purpose of issuing sanitation certificates and charging fees, this term does not apply to establishments that are residential in nature, but which are already specifically categorized in Section 381.0072, F.S., or this rule, such as hospitals, nursing homes, and detention facilities; nor does the term apply to public lodging establishments licensed under Chapter 509, F.S.

(42) “Sanitation Certificate” – A license issued by the department to operate a food service establishment.

(43) “Safe materials” – Articles manufactured from or composed of materials that may not be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food.

(44) “Sanitize” – The effective treatment of clean surfaces of equipment and utensils by an approved process which provides enough accumulative heat or concentration of chemicals for enough time that when evaluated for efficacy, yields a reduction of 5 logs, which is equal to a 99.999% reduction of representative disease microorganisms of public health importance.

(45) “Snack” – A commercially pre-packaged non-potentially hazardous ready-to-eat-food item that is wrapped for individual consumption.

(46) “Sealed” – Free of cracks or other junctures or openings which permit the entry or passage of moisture.

(47) “Single-service articles” – Any cups, containers, closures, plates, straws, place mats, napkins, doilies, spoons, stirrers, paddles, knives, forks, wrapping materials and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers to be for one-time, one-person use, then to be discarded.

(48) “Tableware” – Multi-use eating and drinking utensils.

(49) “Temporary food service event” – Any event offering food service on the premises of a food service establishment approved by the department. These events are at a fixed location for a temporary period of time not to exceed any combination of 18 days within a calendar year and in conjunction with a single event or celebration.

(50) “Theater” – A facility that shows motion pictures and offers food for consumption that is customarily served to the admittees of such theaters, such as popcorn, hot dogs, soft drinks, nachos and cheese, and pre-packaged snack items.

(51) “Utensils” – Implements such as pots, pans, ladles or food containers used in the preparation, storage, transportation or serving of food.

(52) “Vending machine” – Any self-service device which, upon insertion of coin or token, or by any other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each operation.

(53) “Wholesome” – Food which is in sound condition, clean, free from adulteration and otherwise suitable for human consumption.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.22, Amended 2-21-

91, 5-12-92, Retained here and Transferred to 7C-4.009, Amended 6-1-93, 11-30-93, 8-28-96, Formerly 10D-13.022, Amended 3-15-98, 7-14-03, 4-1-09.

64E-11.003 Food Supplies.

(1) Food received or used in food service establishments shall be from sources approved or considered satisfactory by the department and shall be clean, wholesome, free from spoilage, adulteration and misbranding, and safe for human consumption. It shall have been prepared, processed, handled, packaged, transported and stored in a sanitary manner so as to be protected from contamination and spoilage.

(2) Milk and milk products, including fluid milk, other fluid dairy products and manufactured milk products shall meet the standards of quality established for such products by applicable state laws and rules. Only pasteurized milk and milk products shall be used or served. Reconstituted dry milk and dry milk products may be used for cooking, baking, or fortification purposes. Non-dairy creaming, whitening or whipping agents may be reconstituted on the premises.

(3) Frozen desserts and frozen dessert mixes shall not exceed a standard plate count of 50,000 per gram nor a coliform count of 10 per gram. The standard plate count does not apply to cultured products. Frozen dessert mixes reconstituted for use in a food establishment shall be pasteurized before use.

(4) Shellfish, including oysters, clams, and mussels, shall be obtained from food establishments that are licensed under a Federal or State Food Regulatory Program. The shipper’s name shall be on the current list of state certified shippers issued by the U.S. Food and Drug Administration. Shell stock containers shall be identified with an official attached tag giving the name and certificate number of the original shell stock shipper. Shucked oysters, clams or mussels shall be packed in non-returnable containers identified with the name and address of the packer or repacker, preceded by the abbreviated name of the state. Shucked shellfish shall be kept in the original container until used. Records shall be maintained by the food establishment that show the names and addresses of all persons from whom shellfish are received, date of receipt and quantity. Such records shall be open to inspection by the department and shall be maintained on site for a period of not less than 90 days after purchase.

(5) 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.

(6) Only clean eggs with shells intact and without cracks or checks, pasteurized liquid, frozen or dry eggs or pasteurized dry egg products shall be used in the establishment; except that hard boiled, peeled eggs, commercially prepared and packaged may be used.

Pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for shell eggs in the preparation of:

(a) Recipes calling for uncooked eggs, such as Caesar salad, hollandaise or bernaise sauce, noncommercial mayonnaise, eggnog, ice cream, and egg-fortified beverages; and

(b) Eggs for a highly susceptible population if the eggs are broken, combined in a container, and not cooked immediately or if the eggs are held before service following cooking.

(7) All packaged foods, including those packaged in hermetically sealed containers, shall have been processed and packaged in approved commercial food processing establishments.

(8) Food containers and packaged foods received and stored at food service establishments shall be in a condition which maintains the safety and integrity of the contents.

(9) Food prepared in a private home shall not be used, sold, or offered to the public by a food service establishment or theater.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–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.

64E-11.004 Food Protection.

(1) Food while being transported, stored, prepared, displayed, served or sold at a food service establishment shall 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. Different types of raw animal products such as beef, fish, lamb, pork or poultry shall be separated during storage and processing by use of different containers, partitions, shelves, or by cleaning and sanitizing the equipment between product use. Raw food products shall be physically separated from ready-to-eat food products during display or storage by storing the raw products below ready-to-eat food products or using other approved methods.

(2) Perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be kept at safe temperatures, 41 degrees Fahrenheit or below and 140 degrees Fahrenheit or above, except during necessary periods of preparation and service.

(3) Potentially hazardous foods which are to be served without further cooking, such as ham salad, chicken salad, egg salad, shrimp salad, lobster salad, tuna salad, potato salad and other mixed foods containing potentially hazardous ingredients or dressings shall be prepared from chilled products with a minimum of manual contact. The surfaces of containers and the utensils used for preparation and subsequent storage shall have been effectively cleaned and sanitized immediately prior to use. Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled to an internal temperature of 41 degrees Fahrenheit or below.

The cooling period shall not exceed four hours. Potentially hazardous foods of large volume or prepared in large quantities shall be rapidly cooled, utilizing one or more of the following methods based on the type of food being cooled:

(a) Placing the food in shallow pans;

(b) Separating the food into smaller or thinner portions;

(c) Using rapid cooling equipment;

(d) Stirring the food in a container placed in an ice water bath;

(e) Using containers that facilitate heat transfer;

(f) Adding ice as an ingredient;

(g) Other effective methods approved by the department.

(4) Frozen potentially hazardous food shall be thawed:

(a) In refrigerated units at a temperature not to exceed 41 degrees Fahrenheit; or

(b) Under cold potable running water with sufficient water velocity to agitate and float off loosened food particles into the overflow:

1. For a period of time that does not allow thawed portions of ready-to-eat food to rise above 41ºF; or

2. For a period of time that does not allow thawed portions of a raw animal food requiring cooking to be above 41ºF for more than 4 hours including the time the food is exposed to the running water and the time needed for preparation for cooking; or

(c) In a microwave oven; or

(d) As part of the conventional cooking process.

(5) Raw, unprocessed fruits and vegetables shall be thoroughly washed in potable water to remove any existing contaminants before being cut, combined with other ingredients, cooked, or served.

(6) Comminuted meat (such as hamburger) products shall be thoroughly cooked to heat all parts of the meat to a minimum temperature of 155 degrees Fahrenheit for at least 15 seconds.

(7) Stuffings, poultry, stuffed meats and stuffed poultry shall be heated throughout to a minimum temperature of 165 degrees

Fahrenheit for at least 15 seconds.

(8) Raw animal products such as eggs, fish, lamb, pork or beef, except roast beef, and foods containing these raw ingredients, shall be cooked to an internal temperature of 145 degrees Fahrenheit or above for at least 15 seconds, except that upon request of the consumer, animal products which have not been cooked as above may be offered for consumption. Fresh, frozen, or canned fruits and vegetables that are cooked for hot holding shall be cooked to a minimum temperature of 140 degrees Fahrenheit.

(9) Roast beef and corned beef shall be cooked to an internal temperature and held for the corresponding amount of time specified in Table 1.

Table 1 Minimum Holding Times Required at Specified Temperatures for Cooking all Parts of Roasts of Beef and Corned Beef.

Temperature °F Time minutes 130 121 132 77 134 47 136 32 138 19 140 12 142 8 144 5 145 3

(10) Microwave Cooking. Raw animal food cooked in a microwave oven shall be:

(a) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(b) Covered to retain surface moisture;

(c) Heated to a temperature of at least 165°F throughout all parts of the food; and

(d) Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

(11) The temperature requirements of this section do not apply if the department grants a variance from this section, pursuant to

Section 120.542, F.S., based on a HACCP plan that:

(a) Is submitted by the certificate holder and approved by the department;

(b) Documents scientific data or other information that shows that a lesser time and temperature regimen results in a safe food;

and

(c) Verifies that equipment and procedures for food preparation and training of food employees at the establishment meet the conditions of the variance.

(12) Food shall be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross contamination. Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to a minimum of 165 degrees Fahrenheit for 15 seconds throughout all parts of the food, or if reheated in a microwave, shall meet the requirements for microwave cooking in subsection 64E-11.004(10), F.A.C., before being served or before being placed in a hot food storage equipment. Remaining un-sliced portions of roast beef and corned beef that are cooked as specified in subsection (8) shall be reheated for hot holding using the requirements of subsection (8). Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant, shall be heated to a temperature of a least 140 degrees Fahrenheit. Precooked, pre-packaged food from approved sources shall be exempt from this rapid reheating requirement when the food is initially removed from the original package, prepared for service, and not cooked for hot holding. Steam tables, bainmaries, warmers and similar hot food holding equipment are prohibited for the rapid reheating of potentially hazardous foods.

(13) Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean covered container except during necessary periods of preparation or service. Container covers shall be impervious and nonabsorbent, except that linens or napkins may be used for lining or covering bread or roll serving containers. Solid cuts of meat shall be protected by being covered in storage, except that quarters or sides of meat may be hung uncovered on clean sanitized hooks if no food product is stored beneath the meat. Food and containers of food shall not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by fire safety rules. The storage of food in toilet rooms, locker rooms, dressing rooms, garbage rooms, or vestibules is prohibited. Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar or flour not stored in the product container or package in which it was obtained, shall be stored in a container identifying the food by common name. Food not subject to further washing or cooking before serving shall be stored in a way that protects it against cross contamination from food requiring washing or cooking. Packaged food shall not be stored in contact with water or undrained ice. Food shall be stored a minimum of 6 inches above the floor, on clean shelves, racks, dollies or other clean surfaces in such a manner as to be protected from splash and other contamination provided that:

(a) Metal pressurized beverage containers and cased food packaged in cans, glass or other waterproof containers need not be elevated when the food container is not exposed to floor moisture; or

(b) Racks and dollies used for food storage are easily movable.

(14) Potentially hazardous food, date marking requirements.

(a) Refrigerated, ready-to-eat, potentially hazardous food prepared and held for more than 24 hours in a facility shall be clearly marked with the date of preparation.

(b) Except as specified in paragraph (d) of this section, a container of refrigerated, ready-to-eat, potentially hazardous food prepared and packaged by another food service establishment shall be marked to indicate the date, as specified under subsection 64E-11.004(15), F.A.C., by which food shall be sold or served.

(c) When ready to eat, potentially hazardous food specified in paragraphs 64E-11.004(14)(a) and (b), F.A.C., is to be subsequently frozen, in addition to the date of preparation, the food shall comply with the following:

1. Prior to the food being placed into the freezer, the container must be clearly marked to indicate the date of freezing; and

2. The container must be clearly marked to indicate that the food shall be consumed within 24 hours of thawing and shall be exempted from paragraphs (15)(a) and (b) of this subsection; or

3. When the food is removed from the freezer, the container must be clearly marked to indicate the date of thawing.

(d) Paragraphs (b) and (c) of this section does not apply to:

1. Cured meats and aged cheese; and

2. Individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request.

(15) Ready-to-eat, potentially hazardous food, disposition.

(a) Refrigerated, ready-to-eat, potentially hazardous food specified in paragraphs 64E-11.004(14)(a) and (c), F.A.C., shall be discarded if not sold or served within 7 calendar days from the date of preparation, excluding the time that the product is frozen;

(b) An ingredient or a container of refrigerated, ready-to-eat, potentially hazardous food specified in paragraph 64E-

11.004(14)(b), F.A.C., shall be discarded if not sold or served within 7 calendar days, excluding the time that the product is frozen, after the original package is opened or by the manufacturer’s “sell by” or “use by” date, whichever occurs first, if the manufacturer determined the date based on food safety.

(c) Ready-to-eat, potentially hazardous food specified in subparagraph 64E-11.004(14)(c)2., F.A.C., shall be discarded if not consumed within 24 hours after thawing.

(d) Food specified under subsection 64E-11.004(14), F.A.C., shall:

1. Not be frozen if the food has exceeded the requirements of subsection 64E-11.004(2) or (3), F.A.C.;

2. Not be frozen and subsequently thawed more than once;

3. Be discarded if it is in a container or package that does not bear a date or is inappropriately marked with a date that exceeds the time frame specified in subsection 64E-11.004(15), F.A.C.

(e) A refrigerated, potentially hazardous, ready-to-eat food ingredient or a portion of a refrigerated, potentially hazardous, ready-to-eat food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest or first-prepared ingredient or portion and shall be discarded as specified under subsection 64E-11.004(15), F.A.C.

(16) All food shall be displayed and served in such a manner as to minimize contamination. To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by employees or provided to consumers who serve themselves. Clean plates are to be made available to customers for subsequent helpings at buffets or similar type operations. It shall be the responsibility of the manager or a designee to inform customers that clean plates are available for subsequent helpings. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

(a) In the food, including food within containers such as bins of sugar or flour, with the dispensing utensil handle extended out of the food; or

(b) Clean and dry; or

(c) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes; or

(d) In hot water wells that maintain the temperature of the water at or above 140 degrees Fahrenheit and that are cleaned frequently at scheduled intervals throughout the day.

(e) Ice-dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil’s handle extended out of the ice. Between uses, ice transfer utensils shall be stored in a way that protects the utensils from contamination.

(17) Sugar, condiments, seasonings or dressings intended for self-service use shall be provided only in individual packages or from dispensers that protect their contents. Nondairy creaming or whitening agents shall be provided in an individual service container, protected pour-type pitcher, or drawn from a refrigerated dispenser designed for such service.

(18) Individual portions of food once served to a customer shall not be served again, except those packaged foods, other than potentially hazardous foods, which remain in their undamaged original packaging and which are still wholesome may be re-served.

(19) Ice obtained from outside the food service establishment shall be from an approved source and shall be handled, transported and stored in a sanitary manner. Ice for consumer use shall be dispensed only with scoops, tongs or other ice-dispensing utensils or through automatic self-service ice-dispensing equipment. Ice-dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil’s handle extended out of the ice. Between uses, ice transfer utensils shall be stored in a way that protects the utensils from contamination. Ice storage bins shall be drained through an air gap in accordance with the provisions of the applicable plumbing authority. Ice used for cooling stored food and food containers shall not be used for human consumption, except that such ice may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser head.

(20) Food while being transported between food service establishments or while being transported from a food service establishment to another location shall be in covered containers or otherwise wrapped or packaged to ensure protection from contamination. Potentially hazardous foods shall be kept at safe temperatures during all periods of transportation and delivery. Food utensils shall be completely wrapped or packaged to protect them from contamination.

(21) No poisonous or toxic materials shall be present in food service establishments except those used for maintaining the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and rodents.

(a) Containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of contents.

(b) Poisonous or toxic materials shall be stored separate from food, food equipment, utensils, or single-service articles.

(c) The use of sanitizers, cleaning compounds or other compounds intended for use on food-contact surfaces shall not leave a toxic residue on such surfaces or constitute a hazard to employees or consumers.

(d) Poisonous or toxic materials shall not be used in a way that contaminates food, equipment, or utensils, nor in any way that constitutes a hazard to employees or other persons, nor in a way other than in full compliance with the manufacturer’s labeling.

(e) First-aid supplies and personal medications shall be stored in a way which prevents their contaminating food or food-contact surfaces.

(f) Sanitizers, detergents, or other cleaning compounds shall be stored separately from insecticides, rodenticides and other poisonous or toxic materials using methods such as different storage cabinets or separate areas of a room.

(22) 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 safe temperatures, 41 degrees Fahrenheit or below and 140 degrees Fahrenheit or above, the person in charge shall immediately notify the department.

Rulemaking Authority 381.0072 FS. Law Implemented 120.542, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.24, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.011, Amended 6-1-93, 8-28-96, Formerly 10D-13.024, Amended 3-15-98, 7-14- 03.

64E-11.005 Personnel.

(1) Health and disease control – 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 shall 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 shall 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 shall be notified immediately. Both management and employee shall be responsible for compliance with the requirements of this section.

(2) Cleanliness – The outer clothing of all employees shall be clean. Employees shall maintain a high degree of personal cleanliness during all periods of duty. All persons involved with food preparation or food storage, or who come in contact with utensils or other food-contact services, shall comply with paragraphs (a) through (f).

(a) Hairnets, headbands, caps or other effective hair restraints shall be worn to keep hair from food and food-contact surfaces.

(b) Keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. Fingernails exceeding one-eighth inch beyond the nail bed shall not be considered trimmed and must comply with paragraph (c) of this subsection.

(c) Not wear fingernail polish or artificial fingernails when working with exposed food or unwrapped utensils unless wearing intact gloves in good repair.

(d) Except as specified in paragraph (f) of this section, shall not eat or drink in food storage and preparation areas, or in areas containing exposed food or unwrapped utensils, or where utensils are cleaned or stored.

(e) Not wear jewelry on their arms and hands while preparing food. This does not apply to a single plain ring such as a wedding band.

(f) Be allowed to drink from a beverage container with a tight fitting lid, if the container is handled to prevent contamination of the employees’ hands, the container or unwrapped single-service article; and exposed food, clean equipment, utensils, and linens.

(3) Tobacco – Employees shall not smoke or use tobacco in any form while engaged in the preparation or service of food or while handling any utensils or equipment. Smoking shall not be permitted in food storage and preparation areas or in areas where utensils are cleaned or stored.

(4) Other practices – Spoons, knives and forks shall be picked up and touched only by their handles. Cups, glasses and bowls shall be handled so that fingers or thumbs do not contact inside surfaces or lip-contact outer surfaces.

(5) Handwashing – Employees shall wash their hands and exposed portions of their arms at designated handwashing facilities at the following times:

(a) After touching bare human body parts other than clean hands and clean, exposed portions of arms;

(b) After using the toilet room;

(c) After caring for or handling support animals as allowed under subsection 64E-11.008(8), F.A.C.;

(d) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking (except as noted in paragraph (2)(f) of this section);

(e) Immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles;

(f) During food preparation, as often as necessary to remove soil and contamination and prevent cross contamination when changing tasks;

(g) When switching between working with raw foods and working with ready-to-eat foods; and

(h) After engaging in other activities that contaminate the hands.

(6) Other – Infants and children shall not be 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, shall be allowed in the food preparation or utensil washing areas.

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.25, Amended 2-21- 91, 5-12-92, Retained here and Transferred to 7C-4.012, Amended 6-1-93, Formerly 10D-13.025, Amended 3-15-98, 7-14-03.

64E-11.006 Food Equipment and Utensils.

(1) Equipment and facilities provided – Every food service establishment shall be provided with equipment and utensils so designed, constructed, located, installed, maintained and operated as to permit full compliance with the provisions of this chapter.

Equipment that is certified or classified for sanitation in accordance with American National Standards Institute/National Sanitation Foundation (ANSI/NSF) standards (Standard 2, July 1, 2002; Standard 3, July 1, 2001; Standard 4, April 26, 2002; Standard 6, December 6, 2002; Standard 7, April 1, 2001; Standard 8, December 26, 2002; Standard 12, November 1, 1992; Standard 13, August 1, 2001; Standard 18, August 29, 1996; Standard 20, July 1, 2000; Standard 25, December 26, 2002; Standard 29, November 1, 1990; Standard 36, January 1, 2002; Standard 37, April 26, 2002; Standard 51, June 14, 2002; and Standard 59, December 26, 2002) by an ANSI accredited program, will be deemed to comply with this section. The following equipment and facilities shall be provided where applicable to the operations conducted:

(a) Conveniently located refrigeration facilities and hot food storage and display facilities of capacity adequate to maintain all potentially hazardous foods at safe temperatures during all storage, preparation, display and serving operations. Where temperature requirements must be met, food storage facilities shall be provided with controls which ensure the maintenance of such temperatures. Each facility used for the storage of potentially hazardous foods shall be provided with a digital or numerically scaled indicating thermometer accurate to plus or minus 3 degrees Fahrenheit, located in the warmest or coldest part of the facility as may be applicable and of such type and so situated that the temperature can be easily and readily observed. Recording thermometers, accurate to plus or minus 3 degrees Fahrenheit may be used in lieu of indicating thermometers. Where it is impractical to install thermometers on equipment such as bainmaries, steam tables, steam kettles, heat lamps, calrod units or insulated food transport carriers, a metal stem-type product thermometer with a digital or numerical scale and accurate to plus or minus 3 degrees Fahrenheit shall be provided and used to check internal food temperatures.

(b) Conveniently located sinks with running water, waste disposal units or containers or similar equipment for the washing, trimming and similar preparation of foods. Sinks used for the preparation of food shall not be used for any other purpose.

(c) Cabinets, compartments or bins and utensils for storing and serving ice in a sanitary manner.

(d) Water dispensing devices of sanitary design.

(e) Sanitary facilities for storing and dispensing single-service articles.

(f) Unwrapped foods which are displayed or otherwise placed on counters or serving lines at cafeterias, smorgasbords, buffets or similar type operations and all unwrapped foods on tables, racks, carts, counters and shelves at any food service establishment shall be protected against contamination from customers and other sources. Such protection shall be provided by enclosures or by the installation of easily cleanable sneezeguards or other effective counter protector devices, cabinets, display cases that shall be designed to intercept direct lines between the mouth of the customer and the food. Self-service openings and counter guards shall be so designed and arranged to protect food from bare hand contact by customers.

(g) Approved local exhaust ventilation installed at or over all cooking units such as ranges, griddles, deep-fat frying units and other units of equipment which release appreciable quantities of steam, odors, grease or smoke.

(h) Facilities for the storage of tableware, designed and maintained to present the handle to the employee or customer and to cover or protect the portion which may contact the customer’s mouth.

(i) Convenient and suitable implements such as forks, knives, tongs, spoons, scoops and similar devices to prevent unnecessary handling of food at all points where food is prepared or served.

(j) Suitable running water dipper wells for ice cream scoops at all locations or stations where bulk ice cream is dispensed.

(k) Conveniently located cleaning facilities to keep all parts of the establishment and all equipment and utensils in a clean and sanitary condition. This shall include suitable space and facilities for storing clean and soiled utensils; for disposing of waste food residues; for pre-rinsing, washing and sanitizing of multi-use utensils; for cleaning pots, pans, racks and cans; and such other equipment as may be necessary for the effective, regular and periodic cleaning of the entire establishment including either a janitorial sink, can washing facility or similar approved device intended for the disposal of liquid waste resulting from cleaning operations.

(l) Suitable multi-use utensils or single-service articles made from non-toxic materials.

(m) Approved facilities for manual or mechanical dishwashing of multi-use eating and drinking utensils. Suitable facilities shall be provided for removing food scraps and food residue from utensils, including glasses, before they are placed in the wash water or wash compartment.

1. When utensils are washed and sanitized by hand, a three compartment sink shall be provided. All sinks shall be of adequate size and depth to accommodate the utensils to be washed, shall be provided with running hot and cold water and shall be properly connected to the building drainage system. Sinks shall be provided with drainboards, easily moveable dishtables of adequate size or other approved equipment so located and so constructed that soiled and cleaned utensils are kept entirely separate and that cleaned utensils are protected against contamination from soiled utensils or dishwashing operations. Drainboards shall slope to the sinks or to suitable drains and shall be installed so as not to interfere with proper use of the sinks. Dish baskets shall be of such design as to permit complete immersion of multi-use utensils and equipment components being sanitized therein.

2. When immersion type dishwashing machines are used, applicable requirements pertaining to manual dishwashing shall be met.

3. When utensils are washed by spray-type dishwashing machines which depend upon a hot water spray for final rinsing or sanitizing, the hot water system shall provide water to the machine during all periods of dishwashing operations at a temperature at least equal to the final rinse temperature specified in subparagraph 64E-11.006(5)(b)7., F.A.C.