The Florida Senate

500.147  Inspection of food establishments and vehicles; food safety pilot program.--

(1)  The department or its duly authorized agent shall have free access at all reasonable hours to any food establishment or any vehicle being used to transport or hold food in commerce for the purpose of inspecting such establishment or vehicle to determine if any provision of this chapter or any rule adopted under the chapter is being violated; to secure a sample or a specimen of any food after paying or offering to pay for such sample; to see that all sanitary rules adopted by the department are complied with; or to enforce the special-occupancy provisions of the Florida Building Code which apply to food establishments.

(2)  The department or its duly authorized agent may appoint inspectors for making such inspections and taking such samples as are necessary for the proper enforcement of this chapter. The department shall make or cause to be made examination of samples secured under the provisions of this section to determine if any provision of this chapter is being violated.

(3)  For bottled water plants:

(a)  Bottled water must be from an approved source. Bottled water must be processed in conformance with 21 C.F.R. part 129 (2006), and must conform to 21 C.F.R. part 165 (2006). A person operating a bottled water plant shall be responsible for all water sampling and analyses required by this chapter.

(b)  All microbiological, chemical, physical, or radiological testing and analyses of source water and finished product required by this chapter must be performed by an approved laboratory. Records of the sampling and analyses must be maintained on file at the plant for not less than 2 years and made available to the department upon request.

(4)  For packaged ice plants:

(a)  Water used in packaged ice must be from an approved source. The finished product must meet the primary water quality standards established under the Federal Safe Drinking Water Act, Pub. L. No. 93-523, as amended. A person operating a packaged ice plant shall be responsible for all water sampling and analyses required by this chapter.

(b)  All packaged ice plants must submit to an approved laboratory, once every 3 months, a sample of each type of finished product for microbiological analysis. The quarterly laboratory analysis must include testing for fecal and total coliform organisms. Total coliforms must not be greater than 2.2 organisms/100 ml. using the most probable number method or not greater than 1 organism/100 ml. using the membrane filtration method. Packaged ice must have no fecal coliform-positive samples. All microbiological, chemical, physical, or radiological analyses required by this chapter must be performed by an approved laboratory.

(c)  All records of sampling and analyses of source water and finished product must be maintained by the plant for a period of not less than 2 years and made available to the department upon request.

(5)  Visits for the purpose of sample collection do not constitute inspection visits.

(6)  The department is authorized to initiate a food safety pilot program establishing a special, documented food inspection program based on sound science principles of the Hazard Analysis Critical Control Point (HACCP) system and involving cooperative compliance efforts of both the department and the food establishment to assure consumers a safe, wholesome, and properly labeled food supply. A food establishment shall be eligible for such a pilot program only if program criteria are met. Criteria used to establish this special program include, but are not limited to, the following:

(a)  A good inspection history over a specified time period.

(b)  Certified food manager activities demonstrated to be effective in assessing food safety practices and correcting deficiencies at the food establishment.

(c)  An active food training program in place for employees.

(d)  "Self inspection" records of the food establishment made available for review by the department.

(e)  Written sanitation standard operation procedures in place and the food establishment's verification records made available for review by the department.

(f)  Freezer/refrigeration units and hot-cold temperature logs or recording charts made available for review by the department.

(g)  Records of corrective action to resolve food safety deficiencies made available for review by the department.

History.--s. 21, ch. 19656, 1939; CGL 1940 Supp. 4151(684); s. 4, ch. 59-302; ss. 14, 19, 35, ch. 69-106; s. 426, ch. 77-147; s. 15, ch. 82-225; s. 11, ch. 87-388; s. 12, ch. 94-180; s. 21, ch. 97-220; s. 46, ch. 2000-141; s. 3, ch. 2007-67.

Note.--Former s. 500.21.