Senate Bill sb1462c1

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    Florida Senate - 2007                           CS for SB 1462

    By the Committee on Health Regulation; and Senator Crist





    588-2157-07

  1                      A bill to be entitled

  2         An act relating to food service establishments;

  3         amending ss. 381.0072 and 509.013, F.S.;

  4         excluding a restroom in a public airport from

  5         the definition of a food service establishment;

  6         requiring the Division of Hotels and

  7         Restaurants within the Department of Business

  8         and Professional Regulation to inspect toilet

  9         facilities of food service establishments;

10         providing the minimum sanitation standards for

11         toilet facilities in food service

12         establishments; providing certain exemptions;

13         providing for administrative penalties;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Paragraph (b) of subsection (1) of section

19  381.0072, Florida Statutes, is amended to read:

20         381.0072  Food service protection.--It shall be the

21  duty of the Department of Health to adopt and enforce

22  sanitation rules consistent with law to ensure the protection

23  of the public from food-borne illness. These rules shall

24  provide the standards and requirements for the storage,

25  preparation, serving, or display of food in food service

26  establishments as defined in this section and which are not

27  permitted or licensed under chapter 500 or chapter 509.

28         (1)  DEFINITIONS.--As used in this section, the term:

29         (b)  "Food service establishment" means any facility,

30  as described in this paragraph, where food is prepared and

31  intended for individual portion service, and includes the site

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    Florida Senate - 2007                           CS for SB 1462
    588-2157-07




 1  at which individual portions are provided.  The term includes

 2  any such facility regardless of whether consumption is on or

 3  off the premises and regardless of whether there is a charge

 4  for the food. The term includes detention facilities, child

 5  care facilities, schools, institutions, civic or fraternal

 6  organizations, bars and lounges and facilities used at

 7  temporary food events, mobile food units, and vending machines

 8  at any facility regulated under this section.  The term does

 9  not include private homes where food is prepared or served for

10  individual family consumption; nor does the term include

11  churches, synagogues, or other not-for-profit religious

12  organizations as long as these organizations serve only their

13  members and guests and do not advertise food or drink for

14  public consumption, or any facility or establishment permitted

15  or licensed under chapter 500 or chapter 509; nor does the

16  term include any theater, if the primary use is as a theater

17  and if patron service is limited to food items customarily

18  served to the admittees of theaters; nor does the term include

19  a research and development test kitchen limited to the use of

20  employees and which is not open to the general public; nor

21  does the term include restrooms in a public airport as defined

22  in ss. 330.27(2) and 330.27(6) which are not located within a

23  food service establishment.

24         Section 2.  Paragraph (b) of subsection (5) of section

25  509.013, Florida Statutes, is amended to read:

26         509.013  Definitions.--As used in this chapter, the

27  term:

28         (5)

29         (b)  The following are excluded from the definition in

30  paragraph (a):

31  

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    Florida Senate - 2007                           CS for SB 1462
    588-2157-07




 1         1.  Any place maintained and operated by a public or

 2  private school, college, or university:

 3         a.  For the use of students and faculty; or

 4         b.  Temporarily to serve such events as fairs,

 5  carnivals, and athletic contests.

 6         2.  Any eating place maintained and operated by a

 7  church or a religious, nonprofit fraternal, or nonprofit civic

 8  organization:

 9         a.  For the use of members and associates; or

10         b.  Temporarily to serve such events as fairs,

11  carnivals, or athletic contests.

12         3.  Any eating place located on an airplane, train,

13  bus, or watercraft which is a common carrier.

14         4.  Any eating place maintained by a hospital, nursing

15  home, sanitarium, assisted living facility, adult day care

16  center, or other similar place that is regulated under s.

17  381.0072.

18         5.  Any place of business issued a permit or inspected

19  by the Department of Agriculture and Consumer Services under

20  s. 500.12.

21         6.  Any place of business where the food available for

22  consumption is limited to ice, beverages with or without

23  garnishment, popcorn, or prepackaged items sold without

24  additions or preparation.

25         7.  Any theater, if the primary use is as a theater and

26  if patron service is limited to food items customarily served

27  to the admittees of theaters.

28         8.  Any vending machine that dispenses any food or

29  beverages other than potentially hazardous foods, as defined

30  by division rule.

31  

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    Florida Senate - 2007                           CS for SB 1462
    588-2157-07




 1         9.  Any vending machine that dispenses potentially

 2  hazardous food and which is located in a facility regulated

 3  under s. 381.0072.

 4         10.  Any research and development test kitchen limited

 5  to the use of employees and which is not open to the general

 6  public.

 7         11.  Restrooms in a public airport as defined in ss.

 8  330.27(2) and 330.27(6) which are not located within a food

 9  service establishment.

10         Section 3.  The Division of Hotels and Restaurants

11  within the Department of Business and Professional Regulation

12  shall inspect each food service establishment and its toilet

13  facilities as often as necessary to ensure compliance with

14  applicable laws and rules. The division shall have the right

15  of entry and access to these food service establishments at

16  any reasonable time. In inspecting food service establishments

17  as provided under this section, the division shall provide

18  each inspected establishment with the food recovery brochure

19  developed under s. 570.0725, Florida Statutes.

20         (1)  A toilet facility in a food service establishment

21  licensed under chapter 509, Florida Statutes, must meet the

22  following minimum sanitation standards:

23         (a)  Each toilet facility located on the premises of

24  the food service establishment must be completely enclosed and

25  provided with a tight-fitting, self-closing door. Such door

26  may not be left open except during cleaning or maintenance.

27         (b)  Toilet facilities that are used by patrons must be

28  situated so that a patron does not pass through

29  food-preparation or utensil-washing areas.

30         (c)  Toilet fixtures must be cleanable.

31  

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    Florida Senate - 2007                           CS for SB 1462
    588-2157-07




 1         (d)  Toilet facilities, including rooms and fixtures,

 2  must be kept clean and in good repair.

 3         (e)  The floors must be made of a nonabsorbent material

 4  and cleaned daily. The requirement that floors be made of a

 5  nonabsorbent material applies only to food service

 6  establishments that are constructed or substantially remodeled

 7  after July 1, 2007.

 8         (f)  Receptacles must be provided for waste material,

 9  and such receptacles must contain a trash-can liner. These

10  receptacles in toilet facilities for women must be covered.

11  Receptacles must be emptied as necessary to prevent excessive

12  accumulation of waste material.

13         (g)  A supply of hand-cleansing, antibacterial soap or

14  detergent must be available in each toilet facility, and hot

15  and cold running water must be available at each hand-washing

16  sink within a toilet facility. A supply of sanitary towels or

17  a hand-drying device providing heated air must be located in

18  each toilet facility. Applicable to food service

19  establishments that are constructed or substantially remodeled

20  after July 1, 2007, hand-washing sinks that have an automatic

21  shut-off must run for a minimum of 20 seconds. Hand-washing

22  sinks, soap dispensers, hand-drying devices, and all related

23  fixtures must be kept clean and in good repair.

24         (h)  A supply of toilet tissue must be provided in each

25  toilet stall at all times.

26         (i)  Each toilet facility must be lighted and

27  ventilated. This requirement applies only to food service

28  establishments that are constructed or substantially remodeled

29  after July 1, 2007.

30         (j)  A sign or poster that notifies food service

31  employees to wash their hands must be provided at each

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    Florida Senate - 2007                           CS for SB 1462
    588-2157-07




 1  hand-washing sink used by food service employees and must be

 2  clearly visible to food service employees.

 3         (2)  The division may issue a warning or an

 4  administrative complaint to, or may issue an emergency order

 5  for the immediate closure of, a food service establishment

 6  that fails to meet the minimum sanitation standards required

 7  by subsection (1).

 8         Section 4.  This act shall take effect July 1, 2007.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1462

12                                 

13  The committee substitute amends the definition of "food
    service establishment" to exclude restrooms in a public
14  airport. The committee substitute requires the Division of
    Hotels and Restaurants (division) within the Department of
15  Business and Professional Regulation (DBPR) to inspect the
    toilet facilities of food service establishments regulated by
16  the DBPR. The division will provide each establishment a food
    recovery brochure. The division may issue administrative
17  penalties. The committee substitute no longer addresses food
    service establishments inspected by the Department of Health.
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