Florida Senate - 2023                                    SB 1722
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-01745A-23                                          20231722__
    1                        A bill to be entitled                      
    2         An act relating to public food service establishments;
    3         amending s. 509.039, F.S.; revising requirements for
    4         certification and training; requiring managers and
    5         employees to know protocols to avoid cross
    6         contamination; amending s. 509.049, F.S.; revising
    7         provisions regarding approval of foods safety training
    8         programs and responsibilities of public food service
    9         establishments to include all employees; amending s.
   10         509.101, F.S,; requiring operators of public food
   11         service establishments to display a menu listing
   12         common allergens in food and drinks; requiring
   13         operators of public food service establishments to
   14         include a notice to customers of the customers’
   15         obligation to inform a server about any food allergy;
   16         requiring the Division of Hotels and Restaurants
   17         within the Department of Business and Professional
   18         Regulation to establish the notice; requiring the
   19         division to develop a program for public food service
   20         establishments to be designated as food allergy
   21         friendly; providing that participation in the program
   22         is mandatory; requiring the division to adopt rules;
   23         amending s. 509.261, F.S.; authorizing the division to
   24         fine, suspend, or revoke the license of a public food
   25         service establishment under certain circumstances;
   26         providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 509.039, Florida Statutes, is amended to
   31  read:
   32         509.039 Food service manager certification.—It is the duty
   33  of The division shall to adopt, by rule, food safety protection
   34  standards for the training and certification of all food service
   35  managers who are responsible for the storage, preparation,
   36  display, or serving of foods to the public in establishments
   37  regulated under this chapter. The standards adopted by the
   38  division must shall be consistent with the Standards for
   39  Accreditation of Food Protection Manager Certification Programs
   40  adopted by the Conference for Food Protection. The division
   41  shall adopt these standards are to be adopted by the division to
   42  ensure that, upon successfully passing a test that is, approved
   43  by the Conference for Food Protection and upon viewing a video
   44  regarding food allergies which is approved by the division in
   45  consultation with Food Allergy Research and Education, Inc., and
   46  the Florida Restaurant and Lodging Association, Inc., a manager
   47  of a food service establishment shall have demonstrated a
   48  knowledge of basic food protection practices. The division may
   49  contract with an organization offering a training and
   50  certification program that complies with division standards and
   51  results in a certification recognized by the Conference for Food
   52  Protection to conduct an approved test and certify all test
   53  results to the division. Other organizations offering programs
   54  that meet the same requirements may also conduct approved tests,
   55  provide viewing of approved videos, and certify all test results
   56  to the division. The division may charge the organization it
   57  contracts with a fee of up to not more than $5 per certified
   58  test to cover the administrative costs of the division for the
   59  food service manager training and certification program. A
   60  manager All managers employed by a food service establishment
   61  must pass have passed an approved test and view a video
   62  regarding food allergies that is approved by the division in
   63  consultation with Food Allergy Research and Education, Inc., and
   64  the Florida Restaurant and Lodging Association, Inc. The
   65  division shall issue and received a certificate attesting to the
   66  passing of the test and viewing of the video thereto. Managers
   67  have a period of 30 days after employment to pass the required
   68  test and view the approved video. Each All public food service
   69  establishment shall establishments must provide the division
   70  with proof of food service manager certification upon request,
   71  including, but not limited to, at the time of any division
   72  inspection of the establishment. The ranking of food service
   73  establishments is also preempted to the state; provided,
   74  however, that any local ordinances establishing a ranking system
   75  in existence prior to October 1, 1988, may remain in effect.
   76         Section 2. Subsection (1) of section 509.049, Florida
   77  Statutes, is amended to read:
   78         509.049 Food service employee training.—
   79         (1) The division shall adopt, by rule, minimum food safety
   80  protection standards for the training of all food service
   81  employees who are responsible for the storage, preparation,
   82  display, or serving of foods to the public in establishments
   83  regulated under this chapter. These standards shall not include
   84  an examination, but shall provide for a food safety training
   85  certificate program for food service employees to be
   86  administered by a private nonprofit provider chosen by the
   87  division.
   88         Section 3. Section 509.101, Florida Statutes, is amended to
   89  read:
   90         509.101 Establishment rules; posting of notice of rules and
   91  regulations; food service inspection report; posting of notice
   92  for food allergies; food allergy friendly designation
   93  maintenance of guest register; mobile food dispensing vehicle
   94  registry.—
   95         (1) An Any operator of a public lodging establishment or a
   96  public food service establishment may establish reasonable rules
   97  and regulations for the management of the establishment and its
   98  guests and employees,; and each guest or employee staying,
   99  sojourning, eating, or employed in the establishment shall
  100  conform to and abide by such rules and regulations so long as
  101  the guest or employee remains in or at the establishment. Such
  102  rules and regulations shall be deemed to be a special contract
  103  between the operator and each guest or employee using the
  104  services or facilities of the operator. Such rules and
  105  regulations shall control the liabilities, responsibilities, and
  106  obligations of all parties. Any rules or regulations established
  107  pursuant to this section shall be printed in the English
  108  language and posted in a prominent place within the such public
  109  lodging establishment or public food service establishment. In
  110  addition, an any operator of a public food service establishment
  111  shall maintain a copy of the latest food service inspection
  112  report and shall make it available to the division at the time
  113  of any division inspection of the establishment and to the
  114  public, upon request.
  115         (2)Food allergy protocols are verified and enforced during
  116  restaurant inspection.
  117         (3)A mobile food dispensing vehicle must list major
  118  allergens included on the menu.
  119         (4)Each operator of a public food service establishment
  120  must:
  121         (a)Display in a prominent place in the public food service
  122  establishment a list of the major food allergen ingredients for
  123  each food item. The list must include, but need not be limited
  124  to, information regarding the risk of an allergic reaction and
  125  major allergen ingredients for each item.
  126         (b)Include on all menus a notice to customers of the
  127  customer’s obligation to inform the server about any food
  128  allergy. The division, in consultation with the Food Allergy
  129  Research and Education, Inc. and the Florida Restaurant and
  130  Lodging Association, Inc., shall establish the notice.
  131         (5) The division shall develop a program for public food
  132  service establishments to be designated as “food-allergy
  133  friendly.” Participation of a public food service establishment
  134  in the program is mandatory. The division shall adopt rules for
  135  the designation, which must include, but need not limited to,
  136  maintaining on the premises and making available to the public a
  137  master list of all the ingredients used in the preparation of
  138  each food item that is available for consumption at the public
  139  food service establishment.
  140         (2) It is the duty of each operator of a transient
  141  establishment to maintain at all times a register, signed by or
  142  for guests who occupy rental units within the establishment,
  143  showing the dates upon which the rental units were occupied by
  144  such guests and the rates charged for their occupancy. This
  145  register shall be maintained in chronological order and
  146  available for inspection by the division at any time. Operators
  147  need not make available registers which are more than 2 years
  148  old.
  149         (3) It is the duty of each operator of a public food
  150  service establishment that provides commissary services to
  151  maintain a daily registry verifying that each mobile food
  152  dispensing vehicle that receives such services is properly
  153  licensed by the division. In order that such licensure may be
  154  readily verified, each mobile food dispensing vehicle operator
  155  shall permanently affix in a prominent place on the side of the
  156  vehicle, in figures at least 2 inches high and in contrasting
  157  colors from the background, the operator’s public food service
  158  establishment license number. Prior to providing commissary
  159  services, each public food service establishment must verify
  160  that the license number displayed on the vehicle matches the
  161  number on the vehicle operator’s public food service
  162  establishment license.
  163         Section 4. Subsection (10) is added to section 509.261,
  164  Florida Statutes, to read:
  165         509.261 Revocation or suspension of licenses; fines;
  166  procedure.—
  167         (10) The division may fine, suspend, or revoke the license
  168  of any public food service establishment if the establishment is
  169  not in compliance with:
  170         (a) Section 509.101(4); or
  171         (b) Any of the following:
  172         1. Allergen information must be visible for each food item
  173  separately if the food is bought and sold on a buffet.
  174         2. If the food is bought and sold through an application on
  175  a mobile device, allergen information must be listed at some
  176  point between order placement and receiving the food.
  177         3. Accurate and consistent allergen information must be
  178  legibly written on a menu in dine-in establishments.
  179         4. Allergen information on written product specification
  180  sheets, ingredients labels, verbal statements to customers when
  181  asked, quick response codes on tables and menus to allow
  182  customers to access allergen information online, or a sign
  183  informing customers how to access allergen information.
  184         5. If cross-contamination cannot be avoided, customers must
  185  be informed that an allergen-free dish is not available.
  186         6. Restaurants, take out services, mobile food dispensing
  187  vehicles, and buffets must display in each menu a list of major
  188  allergens.
  189         7. Managers and staff must show proof of food allergy
  190  safety protocols upon inspection.
  191         8. Staff must be trained on cross-contamination protocols
  192  upon hiring.
  193         9. Managers must be certified in food allergy training
  194  guidelines.
  195         Section 5. This act shall take effect July 1, 2023.