Bill Text: FL S1072 | 2014 | Regular Session | Introduced

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Bill Title: Food Allergies

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-05-02 - Died in Regulated Industries [S1072 Detail]

Download: Florida-2014-S1072-Introduced.html

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       Florida Senate - 2014                                    SB 1072
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-00275B-14                                          20141072__
    1                        A bill to be entitled                      
    2         An act relating to food allergies; amending s.
    3         509.039, F.S.; revising the requirements for obtaining
    4         a certification as a food service manager to include
    5         the viewing of a video about food allergies; amending
    6         s. 509.101, F.S.; requiring operators of public food
    7         service establishments to display a poster having
    8         information regarding food allergy awareness which is
    9         developed by the Division of Hotels and Restaurants
   10         within the Department of Business and Professional
   11         Regulation, in consultation with Food Allergy Research
   12         & Education, Inc., and the Florida Restaurant and
   13         Lodging Association; providing criteria for the
   14         poster; requiring operators of public food service
   15         establishments to include a notice to customers of a
   16         customer’s obligation to inform a server about his or
   17         her food allergy; requiring the division to establish
   18         the notice; providing a public food service
   19         establishment immunity from liability under certain
   20         circumstances; requiring the division to develop a
   21         program for public food service establishments to be
   22         designated as “Food Allergy Friendly” and maintain a
   23         listing of public food service establishments
   24         receiving that designation on its website; providing
   25         that participation in the program is voluntary;
   26         requiring the division to adopt rules; amending s.
   27         509.261, F.S.; authorizing the division to fine,
   28         suspend, or revoke the license of a public food
   29         service establishment under certain circumstances;
   30         providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 509.039, Florida Statutes, is amended to
   35  read:
   36         509.039 Food service manager certification.—It is The duty
   37  of the division shall to adopt, by rule, food safety protection
   38  standards for the training and certification of all food service
   39  managers who are responsible for the storage, preparation,
   40  display, or serving of foods to the public in establishments
   41  regulated under this chapter. The standards adopted by the
   42  division must shall be consistent with the Standards for
   43  Accreditation of Food Protection Manager Certification Programs
   44  adopted by the Conference for Food Protection. The division
   45  shall adopt these standards are to be adopted by the division to
   46  ensure that, upon successfully passing a test that is, approved
   47  by the Conference for Food Protection and upon viewing a video
   48  regarding food allergies which is approved by the division, in
   49  consultation with Food Allergy Research & Education, Inc., and
   50  the Florida Restaurant and Lodging Association, a manager of a
   51  food service establishment shall have demonstrated a knowledge
   52  of basic food protection practices. The division may contract
   53  with an organization offering a training and certification
   54  program that complies with division standards and results in a
   55  certification recognized by the Conference for Food Protection
   56  to conduct an approved test, provide viewing of an approved
   57  video, and certify all test results to the division. Other
   58  organizations offering programs that meet the same requirements
   59  may also conduct approved tests, provide viewing of an approved
   60  video, and certify all test results to the division. The
   61  division may charge the organization it contracts with a fee of
   62  up to not more than $5 per certified test to cover the
   63  administrative costs of the division for the food service
   64  manager training and certification program. A manager All
   65  managers employed by a food service establishment must pass have
   66  passed an approved test and view a video regarding food
   67  allergies which is approved by the division, in consultation
   68  with Food Allergy Research & Education, Inc., and the Florida
   69  Restaurant and Lodging Association. The division shall issue and
   70  received a certificate attesting to the passing of the test and
   71  viewing of the video thereto. A manager hired after July 1,
   72  2014, has Managers have a period of 30 days after employment to
   73  pass the required test and view an approved video. Each All
   74  public food service establishment shall establishments must
   75  provide the division with proof of food service manager
   76  certification upon request, including, but not limited to, at
   77  the time of any division inspection of the establishment. The
   78  ranking of food service establishments is also preempted to the
   79  state; provided, however, that any local ordinance ordinances
   80  establishing a ranking system in existence before prior to
   81  October 1, 1988, may remain in effect.
   82         Section 2. Section 509.101, Florida Statutes, is amended to
   83  read:
   84         509.101 Establishment rules; posting of notice; food
   85  service inspection report; maintenance of guest register; mobile
   86  food dispensing vehicle registry; posting of notice for food
   87  allergies; food allergy friendly designation.—
   88         (1) An Any operator of a public lodging establishment or a
   89  public food service establishment may establish reasonable rules
   90  and regulations for the management of the establishment and its
   91  guests and employees; and each guest or employee staying,
   92  sojourning, eating, or employed in the establishment shall
   93  conform to and abide by these such rules and regulations so long
   94  as the guest or employee remains in or at the establishment.
   95  These Such rules and regulations shall be deemed to be a special
   96  contract between the operator and each guest or employee using
   97  the services or facilities of the operator. These Such rules and
   98  regulations shall control the liabilities, responsibilities, and
   99  obligations of all parties. Any rules or regulations established
  100  pursuant to this section shall be printed in the English
  101  language and posted in a prominent place within the such public
  102  lodging establishment or public food service establishment. In
  103  addition, an any operator of a public food service establishment
  104  shall maintain the latest food service inspection report or a
  105  duplicate copy on premises and shall make it available to the
  106  public upon request.
  107         (2) It is the duty of Each operator of a transient
  108  establishment shall to maintain at all times a register, signed
  109  by or for guests who occupy rental units within the
  110  establishment, showing the dates upon which the rental units
  111  were occupied by such guests and the rates charged for their
  112  occupancy. The operator shall maintain the This register shall
  113  be maintained in chronological order and make it available for
  114  inspection by the division at any time. An operator Operators
  115  need not make available a register that is registers which are
  116  more than 2 years old.
  117         (3) It is the duty of Each operator of a public food
  118  service establishment that provides commissary services shall to
  119  maintain a daily registry verifying that each mobile food
  120  dispensing vehicle that receives such services is properly
  121  licensed by the division. In order that such licensure may be
  122  readily verified, each mobile food dispensing vehicle operator
  123  shall permanently affix in a prominent place on the side of the
  124  vehicle, in figures at least 2 inches high and in contrasting
  125  colors from the background, the operator’s public food service
  126  establishment license number. Before Prior to providing
  127  commissary services, each public food service establishment must
  128  verify that the license number displayed on the vehicle matches
  129  the number on the vehicle operator’s public food service
  130  establishment license.
  131         (4) Each operator of a public food service establishment
  132  shall:
  133         (a) Display in a prominent place within the public food
  134  service establishment a poster having information regarding food
  135  allergy awareness which is developed by the division, in
  136  consultation with Food Allergy Research & Education, Inc., and
  137  the Florida Restaurant and Lodging Association. The poster must
  138  include, but need not be limited to, information regarding the
  139  risk of an allergic reaction; and
  140         (b) Include on all menus a notice regarding a customer’s
  141  obligation to inform the server about any food allergy that the
  142  customer may suffer from and the public food service
  143  establishment’s immunity from liability for injury, death, or
  144  property damage if the customer fails to inform the server of
  145  the food allergy. The division, in consultation with Food
  146  Allergy Research & Education, Inc., and the Florida Restaurant
  147  and Lodging Association, shall establish the notice.
  148         (5) A public food service establishment is not liable for
  149  an injury suffered by, a death of, or property damage caused by
  150  a customer due to his or her food allergy that the customer
  151  fails to inform the server about.
  152         (6) The division shall develop a program for public food
  153  service establishments to be designated “Food Allergy Friendly”
  154  and shall maintain a listing of public food service
  155  establishments receiving that designation on its website.
  156  Participation of a public food service establishment in the
  157  program is voluntary, and the division shall adopt rules for the
  158  designation, which must include, but need not be limited to,
  159  maintaining on the premises and making available to the public a
  160  master list of all the ingredients used in preparation of each
  161  food item that is available for consumption at the public food
  162  service establishment.
  163         Section 3. 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 the requirements of s. 509.101(4).
  170         Section 4. This act shall take effect July 1, 2014.