Florida Regulations 5K-4.023: Packaged Ice, Ice Vending Machines, and Water Vending Machines
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(1) In addition to the requirements in the Florida Food Safety Act, and all applicable rules in Fl. Admin. Code Chapter 5K-4, packaged ice plant operators, water vending machines, and ice vending machines shall comply with the following rule. Ice vending machines shall be permitted as Packaged Ice Plants as defined in Section 500.03(1)(y), F.S.
(2) Water Source.
(a) The source of the water supply used for packaged ice, vended ice, or vended water shall be an approved public water system as defined in Florida Statutes § 403.852
(b) Packaged ice, vended ice, or vended water shall be in conformance with maximum contaminant levels that have been established for drinking water supplies in Chapters 64E-8 and 62-550, F.A.C.
(3) Construction.
(a) Water vending machines and ice vending machines shall be made of materials that are free of substances which may render the final product injurious to health or which may adversely affect the flavor, color, odor, radiological, microbial, or chemical quality of the water.
1. Water vending machines and ice vending machines shall be designed and constructed to permit easy cleaning and maintenance of all exterior and interior surfaces and component parts in accordance with Chapter 6 of the FDA Food Code as incorporated by reference in subsection 5K-4.002(4), F.A.C.
2. Water vending machines and ice vending machines shall have a guarded corrosion resistant dispensing spout.
3. Water vending machines and ice vending machines shall have a backflow prevention device for all connections with the water supply.
4. Water vending machines and ice vending machines shall be equipped with a self-closing, tight-fitting door on the vending compartment so the unit is not accessible to the public.
(b) Water vending machines shall also comply with the following:
1. Use methods for treatment as required by Fl. Admin. Code Chapter 62-550
2. Be equipped with monitoring devices designed to shut down operation of the machine when the treatment or disinfectant unit fails to properly function.
3. Granular activated carbon, if used in the treatment process of vended water, shall comply with the specifications provided by the American Water Works Association for that substance (AWWA B604-74) revised as of November 1974, as incorporated by reference in Fl. Admin. Code R. 5K-4.002
4. Water vending machines dispensing purified water shall meet the requirements for purified water as stated in 21 C.F.R. § part 165 as adopted in Fl. Admin. Code R. 5K-4.002
5. The vended water from each water vending machine utilizing silver-impregnated carbon filters in the treatment process shall be sampled once every six (6) months for silver and analyzed by an approved laboratory and the results made available for inspection by the Department.
(4) Operating Requirements.
(a) Packaged ice shall be made, packaged, and stored in a food facility in accordance with Chapter 6 of the FDA Food Code as adopted in subsection 5K-4.002(4), F.A.C.
(b) Water vending machines and ice vending machines shall comply with the following:
1. Have a written maintenance program available to the Department for inspection that includes:
a. Visits for cleaning, sanitizing and servicing of machines every two weeks;
b. Written servicing instructions;
c. Technical manuals for the machines; and
d. Technical manuals for the water treatment appurtenances involved.
2. Have chemically treated towelettes for handwashing available and accessible when needed, as required by Section 5-203.11(c) of the FDA Food Code as incorporated by reference in subsection 5K-4.002(4), F.A.C.
3. Have parts and surfaces of water vending machines and ice vending machines kept clean and maintained.
4. Have the water or ice vending machine chamber and the vending nozzle cleaned and sanitized each time the machine is serviced.
5. Be maintained in a clean and sanitary condition, free from dirt and vermin.
6. Be located in an area that can be maintained in a clean condition and in a manner that avoids insect and rodent harborage.
7. Have a record of cleaning and maintenance operations which shall be kept by the operator for each water or ice vending machine. These records shall be maintained in the unit and made available to the Department upon request.
(5) Packaged ice and products dispensed from a water vending machine or ice vending machine shall be processed and packaged using methods that prevent contamination of the product.
(a) Air used for water agitation shall be filtered or otherwise treated to render it free of oil, dust, dirt, insects and extraneous material.
(b) Manual packaging of ice or water products shall be performed in a manner that will prevent contamination of the packaging material and the product.
(6) Water vending machines and ice vending machines shall have the following information displayed in a conspicuous location on the machine as follows:
(a) Name and address of the owner;
(b) Source of water: either approved public water supply;
(c) Method of treatment to water;
(d) Method of post treatment to water;
(e) Local or toll-free telephone number that may be called for obtaining further information, reporting problems or making complaints; and
(f) A valid decal furnished by the Department, which shall be affixed on each machine in a position clearly visible to the consumer.
(7) Packaged ice, water vending machine, and ice vending machine operators shall keep a record of all complaints received and shall make available upon request to the Department.
(8) Finished Product Quality.
(a) Operators of all packaged ice plants, water vending machines, and ice vending machines shall obtain and have analyzed by an Approved Laboratory, once every quarter of the calendar year, a sample of each type of finished product for microbiological analysis as specified in paragraph (b) below. A “”quarter”” is defined as one three-month period, four periods per year with at least 30 days between samples. Therefore, unless subject to paragraph (c) below, four (4) samples are required for every full year of operation.
(b) The laboratory analysis shall include testing for fecal and total coliform organisms. Total coliforms shall not be greater than 2.2 organisms/100 ml. using the Most Probable Number (MPN) method or not greater than 1 organism/100 ml. using the Membrane Filtration (MF) method. Ice and/or water shall have no fecal coliform-positive samples.
(c) Any vended water or vended ice sample that tests positive for total coliforms shall be considered unsatisfactory. If any sample collected from a machine is determined to be unsatisfactory by an Approved Laboratory, the machine shall be cleaned, sanitized, and resampled by the operator immediately. Prior to resuming operation, the machine shall be taken out of service until the source of contamination has been located and corrected. When the finished product samples exceed the standards outlined in this rule, samples shall be taken and submitted to an Approved Laboratory, on a weekly basis, until two (2) consecutive samples testing negative for total coliforms are obtained. Copies of weekly sample analyses shall be submitted to the Department upon receipt online at FoodInsp@FDACS.gov.
(d) For water vending machines and ice vending machines, when three consecutive quarterly samples are each found to contain zero coliform colonies per 100 milliliters of the finished product, microbiological sampling intervals shall be extended to a period not exceeding six months. Should a subsequent six-month sample test positive for total coliform, the required sampling frequency shall revert to the quarterly frequency until three consecutive samples again test negative for total coliform bacteria.
(e) The Department shall collect and analyze samples of finished product when necessary to determine if the product meets quality standards established in this rule. When indicated by reason of complaint or illness, the Department may obtain and analyze or require the packaged ice plant, water vending machine, or ice vending machine owner to obtain and have analyzed, by an Approved Laboratory, samples of source water and/or finished product.
(f) All records of sampling and analyses of source water and finished product shall be maintained for a period of not less than two (2) years after creation and shall be made available to the Department upon request.
(9) Processing and Packaging.
(a) Any spillage created during the manufacture, packaging, transportation, or storage of ice and water products shall be disposed of and shall not be packaged or re-packaged for sale for human consumption.
(b) Ice packaging material shall be constructed of durable, smooth, easily cleanable and nonabsorbent material, and closures shall be designed to protect its contents. Only pin holes or a butterfly vent that does not exceed 1/4 inch in diameter shall be used in ice packaging material. Pin holes or butterfly vents must be located in the upper 1/3 portion of the bag.
(c) Packaging material shall be protected from contamination during storage and handling.
(d) Packaged ice and vended ice shall be properly labeled according to Title 21 Code of Federal Regulation, Part 101 as incorporated by reference in Fl. Admin. Code R. 5K-4.002
(10) Storage and transportation of packaged ice.
(a) Packaged ice shall be stored above the floor protected from splash and shall not be located in areas susceptible to overhead dripping.
(b) Packaged ice products shall be transported in an enclosed facility designed and equipped to protect the product from contamination and shall be maintained in a clean condition.
(c) Packaged ice shall be handled in such a manner to preclude contamination during transportation and delivery. At no time during transport or delivery shall the packaged ice product come into contact with the floor or ground.
(11) Notification to the department. The owner or operator of a packaged ice plant, water vending machine, or ice vending machine who knows or has reason to believe that a primary maximum contaminant or microbiological level established in Rule Fl. Admin. Code Chapter 62-550, and/or Fl. Admin. Code R. 5K-4.023(2)(b), has been exceeded or believes or has reason to believe that circumstances exist such as source contamination, spills, accidents, natural disasters, breakdowns in the sanitary processing of ice or other similar problems that may adversely affect the safety of the finished product shall notify the Department.
(12) Department responsibilities and duties.
Packaged ice, water vending, and ice vending machine operators shall allow the Department to examine necessary records pertaining to the operation and maintenance of operations, and also provide access to the machines for inspection at reasonable hours.
(13) Commissaries
(a) Ice vending machines shall not operate independent of a Commissary approved by the Department. Each Ice vending machine operator shall submit to the Department a completed Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) incorporated by reference in Fl. Admin. Code R. 5K-4.0041(1)(c)
1. Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18), shall be executed on an annual basis.
2. The Ice vending machine operator shall make this agreement available to the Department upon request.
(b) Each Ice vending machine shall report to a Commissary at a frequency specified in Ch. 4-602 of the 2017 FDA Food Code as adopted in Fl. Admin. Code R. 5K-4.002, to clean utensils, and equipment, or dispose of liquid and solid waste.
Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 500.147, 500.459, 500.511 FS. History-New 1-19-95, Formerly 5E-6.023, Amended 8-8-95, 3-16-20.
Terms Used In Florida Regulations 5K-4.023
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(a) The source of the water supply used for packaged ice, vended ice, or vended water shall be an approved public water system as defined in Florida Statutes § 403.852
(b) Packaged ice, vended ice, or vended water shall be in conformance with maximum contaminant levels that have been established for drinking water supplies in Chapters 64E-8 and 62-550, F.A.C.
(3) Construction.
(a) Water vending machines and ice vending machines shall be made of materials that are free of substances which may render the final product injurious to health or which may adversely affect the flavor, color, odor, radiological, microbial, or chemical quality of the water.
1. Water vending machines and ice vending machines shall be designed and constructed to permit easy cleaning and maintenance of all exterior and interior surfaces and component parts in accordance with Chapter 6 of the FDA Food Code as incorporated by reference in subsection 5K-4.002(4), F.A.C.
2. Water vending machines and ice vending machines shall have a guarded corrosion resistant dispensing spout.
3. Water vending machines and ice vending machines shall have a backflow prevention device for all connections with the water supply.
4. Water vending machines and ice vending machines shall be equipped with a self-closing, tight-fitting door on the vending compartment so the unit is not accessible to the public.
(b) Water vending machines shall also comply with the following:
1. Use methods for treatment as required by Fl. Admin. Code Chapter 62-550
2. Be equipped with monitoring devices designed to shut down operation of the machine when the treatment or disinfectant unit fails to properly function.
3. Granular activated carbon, if used in the treatment process of vended water, shall comply with the specifications provided by the American Water Works Association for that substance (AWWA B604-74) revised as of November 1974, as incorporated by reference in Fl. Admin. Code R. 5K-4.002
4. Water vending machines dispensing purified water shall meet the requirements for purified water as stated in 21 C.F.R. § part 165 as adopted in Fl. Admin. Code R. 5K-4.002
5. The vended water from each water vending machine utilizing silver-impregnated carbon filters in the treatment process shall be sampled once every six (6) months for silver and analyzed by an approved laboratory and the results made available for inspection by the Department.
(4) Operating Requirements.
(a) Packaged ice shall be made, packaged, and stored in a food facility in accordance with Chapter 6 of the FDA Food Code as adopted in subsection 5K-4.002(4), F.A.C.
(b) Water vending machines and ice vending machines shall comply with the following:
1. Have a written maintenance program available to the Department for inspection that includes:
a. Visits for cleaning, sanitizing and servicing of machines every two weeks;
b. Written servicing instructions;
c. Technical manuals for the machines; and
d. Technical manuals for the water treatment appurtenances involved.
2. Have chemically treated towelettes for handwashing available and accessible when needed, as required by Section 5-203.11(c) of the FDA Food Code as incorporated by reference in subsection 5K-4.002(4), F.A.C.
3. Have parts and surfaces of water vending machines and ice vending machines kept clean and maintained.
4. Have the water or ice vending machine chamber and the vending nozzle cleaned and sanitized each time the machine is serviced.
5. Be maintained in a clean and sanitary condition, free from dirt and vermin.
6. Be located in an area that can be maintained in a clean condition and in a manner that avoids insect and rodent harborage.
7. Have a record of cleaning and maintenance operations which shall be kept by the operator for each water or ice vending machine. These records shall be maintained in the unit and made available to the Department upon request.
(5) Packaged ice and products dispensed from a water vending machine or ice vending machine shall be processed and packaged using methods that prevent contamination of the product.
(a) Air used for water agitation shall be filtered or otherwise treated to render it free of oil, dust, dirt, insects and extraneous material.
(b) Manual packaging of ice or water products shall be performed in a manner that will prevent contamination of the packaging material and the product.
(6) Water vending machines and ice vending machines shall have the following information displayed in a conspicuous location on the machine as follows:
(a) Name and address of the owner;
(b) Source of water: either approved public water supply;
(c) Method of treatment to water;
(d) Method of post treatment to water;
(e) Local or toll-free telephone number that may be called for obtaining further information, reporting problems or making complaints; and
(f) A valid decal furnished by the Department, which shall be affixed on each machine in a position clearly visible to the consumer.
(7) Packaged ice, water vending machine, and ice vending machine operators shall keep a record of all complaints received and shall make available upon request to the Department.
(8) Finished Product Quality.
(a) Operators of all packaged ice plants, water vending machines, and ice vending machines shall obtain and have analyzed by an Approved Laboratory, once every quarter of the calendar year, a sample of each type of finished product for microbiological analysis as specified in paragraph (b) below. A “”quarter”” is defined as one three-month period, four periods per year with at least 30 days between samples. Therefore, unless subject to paragraph (c) below, four (4) samples are required for every full year of operation.
(b) The laboratory analysis shall include testing for fecal and total coliform organisms. Total coliforms shall not be greater than 2.2 organisms/100 ml. using the Most Probable Number (MPN) method or not greater than 1 organism/100 ml. using the Membrane Filtration (MF) method. Ice and/or water shall have no fecal coliform-positive samples.
(c) Any vended water or vended ice sample that tests positive for total coliforms shall be considered unsatisfactory. If any sample collected from a machine is determined to be unsatisfactory by an Approved Laboratory, the machine shall be cleaned, sanitized, and resampled by the operator immediately. Prior to resuming operation, the machine shall be taken out of service until the source of contamination has been located and corrected. When the finished product samples exceed the standards outlined in this rule, samples shall be taken and submitted to an Approved Laboratory, on a weekly basis, until two (2) consecutive samples testing negative for total coliforms are obtained. Copies of weekly sample analyses shall be submitted to the Department upon receipt online at FoodInsp@FDACS.gov.
(d) For water vending machines and ice vending machines, when three consecutive quarterly samples are each found to contain zero coliform colonies per 100 milliliters of the finished product, microbiological sampling intervals shall be extended to a period not exceeding six months. Should a subsequent six-month sample test positive for total coliform, the required sampling frequency shall revert to the quarterly frequency until three consecutive samples again test negative for total coliform bacteria.
(e) The Department shall collect and analyze samples of finished product when necessary to determine if the product meets quality standards established in this rule. When indicated by reason of complaint or illness, the Department may obtain and analyze or require the packaged ice plant, water vending machine, or ice vending machine owner to obtain and have analyzed, by an Approved Laboratory, samples of source water and/or finished product.
(f) All records of sampling and analyses of source water and finished product shall be maintained for a period of not less than two (2) years after creation and shall be made available to the Department upon request.
(9) Processing and Packaging.
(a) Any spillage created during the manufacture, packaging, transportation, or storage of ice and water products shall be disposed of and shall not be packaged or re-packaged for sale for human consumption.
(b) Ice packaging material shall be constructed of durable, smooth, easily cleanable and nonabsorbent material, and closures shall be designed to protect its contents. Only pin holes or a butterfly vent that does not exceed 1/4 inch in diameter shall be used in ice packaging material. Pin holes or butterfly vents must be located in the upper 1/3 portion of the bag.
(c) Packaging material shall be protected from contamination during storage and handling.
(d) Packaged ice and vended ice shall be properly labeled according to Title 21 Code of Federal Regulation, Part 101 as incorporated by reference in Fl. Admin. Code R. 5K-4.002
(10) Storage and transportation of packaged ice.
(a) Packaged ice shall be stored above the floor protected from splash and shall not be located in areas susceptible to overhead dripping.
(b) Packaged ice products shall be transported in an enclosed facility designed and equipped to protect the product from contamination and shall be maintained in a clean condition.
(c) Packaged ice shall be handled in such a manner to preclude contamination during transportation and delivery. At no time during transport or delivery shall the packaged ice product come into contact with the floor or ground.
(11) Notification to the department. The owner or operator of a packaged ice plant, water vending machine, or ice vending machine who knows or has reason to believe that a primary maximum contaminant or microbiological level established in Rule Fl. Admin. Code Chapter 62-550, and/or Fl. Admin. Code R. 5K-4.023(2)(b), has been exceeded or believes or has reason to believe that circumstances exist such as source contamination, spills, accidents, natural disasters, breakdowns in the sanitary processing of ice or other similar problems that may adversely affect the safety of the finished product shall notify the Department.
(12) Department responsibilities and duties.
Packaged ice, water vending, and ice vending machine operators shall allow the Department to examine necessary records pertaining to the operation and maintenance of operations, and also provide access to the machines for inspection at reasonable hours.
(13) Commissaries
(a) Ice vending machines shall not operate independent of a Commissary approved by the Department. Each Ice vending machine operator shall submit to the Department a completed Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) incorporated by reference in Fl. Admin. Code R. 5K-4.0041(1)(c)
1. Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18), shall be executed on an annual basis.
2. The Ice vending machine operator shall make this agreement available to the Department upon request.
(b) Each Ice vending machine shall report to a Commissary at a frequency specified in Ch. 4-602 of the 2017 FDA Food Code as adopted in Fl. Admin. Code R. 5K-4.002, to clean utensils, and equipment, or dispose of liquid and solid waste.
Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 500.147, 500.459, 500.511 FS. History-New 1-19-95, Formerly 5E-6.023, Amended 8-8-95, 3-16-20.