There are three tiers of food service, each with different minimal requirements based on facility type or the number of residents in care. Only one tier of service as listed in subsections (1)-(3), below, will be applied to any facility. Facilities receiving or providing catered food must meet applicable standards as described in subsection (4), below.
    (1) Tier 1. Facilities meeting the definition of “”adult family-care home”” regardless of the number of residents as defined in Florida Statutes § 429.65(2), and other community based residential facilities with a maximum capacity to house up to 5 residents, shall comply with the following requirements:
    (a) Food used in the facility shall be clean, wholesome, free from spoilage and safe for human consumption. Home canned food shall not be used. Canned food shall be from sources that are approved by law.
    (b) The facility shall protect the food from dust, flies, rodents and other vermin, toxic materials, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding by sewage, overhead leakage and all other sources of contamination at all times during storage, food preparation, transportation both on and off premises, and service.
    (c) Food storage equipment shall be provided to keep all potentially hazardous foods at safe temperatures, 41° Fahrenheit or below or 140° Fahrenheit or above, except during necessary periods of preparation and service. Potentially hazardous food shall not have been out of temperature more than 4 cumulative hours during the course of thawing, preparation, service and cooling.
    (d) At least one sink with hot and cold potable water under pressure shall be provided in the food preparation area.
    (e) Refrigeration units and hot food storage units used for the storage of potentially hazardous foods shall be provided with a numerically scaled indicating thermometer accurate to plus or minus 3°F. The thermometer shall be located in the warmest or coldest part of the units as may be applicable and of such type and so situated that the temperature can be easily and readily observed.
    (f) Labeling and Dating. Food containers shall be labeled with their contents and labels shall correctly identify the contents of the container. Potentially hazardous foods and potentially hazardous foods that are in a form which is edible without washing, cooking, or additional preparation, including previously cooked foods such as leftovers, must be stored in accordance with the date marking and disposition requirements of subsections 64E-11.004(14) and (15), F.A.C.
    (2) Tier II. Except as described in subsection (1), above, if food service is provided in a facility with a maximum capacity to house from 6 to 10 residents, the facility shall comply with the following requirements:
    (a) In Fl. Admin. Code Chapter 64E-11:
    1. Fl. Admin. Code R. 64E-11.002, Definitions,
    2. Fl. Admin. Code R. 64E-11.003, Food Supplies,
    3. Fl. Admin. Code R. 64E-11.004, Food Protection,
    4. Subsections 64E-11.005(1), (2)(b), (c), (e), (f), (3), (4), (5), F.A.C., Personnel,
    5. Subparagraphs 64E-11.013(3)(c)1., 2., 4., F.A.C.
    (b) Facilities opening, initially licensed by the licensing agency, or renovating on or after January 1, 2008, shall, prior to construction or renovation of a food service operation or prior to substantial facility renovation, notify the department and provide plans of the proposed construction or renovation, for review and approval at least 90 days prior to the start of the project. Plans shall be submitted by the owner, prospective operator, or their designated representative. All plans shall be in compliance with this section, shall be drawn to scale, describe the layout, construction, finish schedule, general operation of the facility, equipment design and installation, and similar aspects of the facility’s food service operation. A copy of the intended menu shall be provided to the department as part of the plan review.
    (c) The floor surfaces in kitchens, all the rooms and areas in which food is stored or prepared and in which utensils are washed or stored, shall be of smooth, nonabsorbent material and constructed so they can be easily cleaned and shall be kept clean and in good repair.
    (d) The walls and shelving of all food preparation areas, food storage areas, utensil washing and handwashing rooms or areas shall have smooth, easily cleanable surfaces. Walls shall be washable up to the highest level reached by splash or spray.
    (e) Hot and cold running water under pressure shall be easily accessible where food is prepared and where utensils are washed.
    (f) A handwashing sink, provided with hot and cold running water under pressure, shall be located within the food preparation area. A sign must be posted clearly designating the sink for handwashing purposes. A handwashing sink shall not be used for any other purpose. Facilities inspected and approved by the department prior to January 1, 2008, are exempt from this requirement until such time as kitchen renovation will occur or substantial renovation will occur at the facility.
    (g) In addition to the designated one compartment handwashing sink in paragraph (f), above, a two compartment sink or one compartment sink and a residential use dishwasher shall be provided for warewashing. Notwithstanding the provisions in subsection (f), above, if a facility has a two compartment sink and a residential dishwasher, one compartment of the two compartment sink can be designated as a handwashing sink when labeled and used exclusively as such. Existing facilities shall have until December 31, 2008, to comply with this requirement.
    (h) Multi-use equipment and utensils shall be constructed and repaired with materials that are non-toxic, corrosion resistant and nonabsorbent; and shall be smooth, easily cleanable and durable under conditions of normal use; and shall not impart odors, color or taste nor contribute to the contamination of food.
    (i) All multi-use eating and drinking utensils shall be thoroughly cleaned with hot water and an effective detergent, then shall be rinsed free of such solution.
    (j) Refrigeration units and hot food storage units used for the storage of potentially hazardous foods shall be provided with a numerically scaled indicating thermometer accurate to plus or minus 3° Fahrenheit. The thermometer shall be located in the warmest or coldest part of the units as may be applicable and of such type and so situated that the temperature can be easily and readily observed.
    (k) Potentially hazardous foods and potentially hazardous foods that are in a form which is edible without washing, cooking, or additional preparation, including previously cooked foods such as leftovers, must be stored in accordance with the date marking and disposition requirements of subsections 64E-11.004(14) and (15), F.A.C.
    (l) The facility shall protect food and food equipment from all sources of contamination at all times during storage, food preparation, service, and transportation both on and off premises.
    (m) Live animals and pets living in or visiting a community based residential facility shall not enter the kitchen or any food preparation areas when food is being prepared or served. Preventing pets and animals from entering the kitchen or food preparation areas must be effective and may consist of passive restraint through obedience training, use of physical barriers such as a gate, physical restraint such as limiting the animal to a room outside of the kitchen or food preparation area, or any other effective means. Animals and pets shall not be fed, watered, bedded, kept, or caged in the kitchen, food preparation, food storage, or dining area. Animal care supplies shall not be kept in the kitchen or other food storage areas. If live animals have access to kitchen and dining areas during non-food preparation and service times, then the facility shall effectively sanitize the dining tables, kitchen counter top surfaces, food preparation surfaces, and other similar surfaces immediately before the next meal service or food preparation begins. Persons handling or having direct physical contact with an animal must wash their hands immediately prior to preparing or serving food.
    (n) As part of an organized activity, residents may participate in food preparation under direct supervision of the designated staff person in charge of food service activities, who is knowledgeable in food hygiene safety.
    (o) Labeling. Food containers shall be labeled with their contents and labels shall correctly identify the contents of the container.
    (3) Tier III. If food service is provided in a hospice facility, or a facility with a maximum capacity of 11 or more residents, it shall comply with Fl. Admin. Code Chapter 64E-11 Existing facilities shall have until December 31, 2008, to comply with the requirements of Fl. Admin. Code Chapter 64E-11, except for item paragraph (b), below.
    (a) Any organized food preparation activity in which residents may participate in food preparation as part of the organized activity must be under the direct supervision of a trained food service employee, per Fl. Admin. Code R. 64E-11.012 This does not apply to specific designated therapeutic classes with activities for an individual or a group of individuals provided by a licensed occupational or physical therapist as part of their occupational, physical, or rehabilitation therapy activities to regain basic self sufficiency skills.
    (b) Facilities with capacities of 11-24 residents that have been in continuous operation since initial regulation or licensing by the department prior to January 1, 2008, are exempt from subsection 64E-11.008(7), F.A.C., until the facility remodels the kitchen or dining area, or substantially remodels the facility.
    (4) Catering. If food is catered from outside sources, the caterer shall be licensed or regulated by a state or federal regulatory food program. If a community based residential facility caters additionally to outside sources, it must meet all Fl. Admin. Code Chapter 64E-11, licensing standards.
    (a) When catering is provided as the primary means of food supply, a copy of a current catering agreement shall be provided to the local county health department at least annually and when a change in the agreement occurs. The agreement shall minimally include the designated delivery times, method of hot and cold holding once food is delivered, whether bulk or individually portioned food will be provided, and a designated responsible party for cleaning and sanitizing any multi-use equipment and utensils.
    (b) Upon delivery of catered food to a community based residential facility, catered food must be adequately protected from contamination. The facility shall maintain a daily log indicating the date and time of delivery, name or type of potentially hazardous food(s), and using an accurate food thermometer measure and log the food temperatures upon arrival. Entries in the log shall be made at the time of delivery. These temperature logs shall be maintained and retained at the facility for a period not less than 6 months. The records required by this section must be made available for review by the department upon department request.
    (c) If outside catering is not the primary means of food supply to the facility, and the facility only partakes in the occasional carry-out or delivery of items such as, pizza, wings, sub-sandwiches, fried chicken, or barbequed food, the catering requirements listed in paragraphs (a) and (b) above, do not apply.
Rulemaking Authority 381.006(16), 381.0072(2)(a) FS. Law Implemented 381.006(16), 381.0072(2)(a), (b), (c) FS. History-New 6-18-87, Formerly 10D-23.006, Amended 1-20-08.