Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-4 - PUBLIC FOOD SERVICE ESTABLISHMENTS › Section 61C-4.0161 - Mobile Food Dispensing Vehicles, Temporary Commercial Kitchens and Theme Park Food Carts

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as
				otherwise specified in this rule, mobile food dispensing vehicles, temporary
				commercial kitchens and theme park food carts shall comply with applicable
				requirements of Rules
				61C-4.010 and
				61C-4.023, F.A.C.
(2) Mobile food dispensing vehicles and
				temporary commercial kitchens shall meet the following additional requirements:
(a) Food serving openings shall not be larger
				than necessary for the particular operation conducted and shall be kept closed
				at all times except when food is actually being served.
(b) Waste containers shall be provided for
				the deposit of food scraps, food wrappings, cups, napkins and discarded
				single-service articles.
(c) Mobile
				food dispensing vehicles and temporary commercial kitchens shall operate from
				an approved commissary that meets all applicable requirements of this rule. The
				commissary must be provided with potable water and adequate facilities for
				disposal of liquid and solid waste. Mobile food dispensing vehicles and
				temporary commercial kitchens must report to the commissary to store or
				replenish supplies, clean utensils and equipment, or dispose of liquid and
				solid waste. Mobile food dispensing vehicles and temporary commercial kitchens
				must report to their commissary at least daily when in operation.
(d) When a service area is provided at the
				commissary for cleaning and servicing mobile food units, the service area shall
				be physically separated from other food operations; shall be equipped to
				furnish potable water in accordance with any state or local authorities having
				jurisdiction; and shall provide facilities for the drainage and disposal of
				liquid wastes in accordance with any state or local authorities having
				jurisdiction, and the local building authority having jurisdiction. The surface
				of the servicing area shall be constructed of a smooth nonabsorbent material
				such as concrete or machine laid asphalt and shall be maintained in good
				repair, kept clean and be graded to drain.
(e) The owner of each mobile food dispensing
				vehicle and temporary commercial kitchens shall notify the division of each
				commissary they intend to utilize for support services before using the
				commissary by submitting DBPR HR-7022, COMMISSARY SERVICES NOTIFICATION (
https://www.flrules.org/Gateway/reference.asp?No=Ref-15946
),
				incorporated herein by reference and effective 2023 August.
(f) After submission of an initial
				application, the operator of a temporary commercial kitchen must notify the
				division within 48 hours after commencing operation in a new or different
				location by submitting DBPR HR-7034, NOTIFICATION OF TEMPORARY COMMERCIAL
				KITCHEN OPERATIONS (
https://www.flrules.org/Gateway/reference.asp?No=Ref-16472
),
				incorporated herein by reference and effective 2024 January. The completed form
				should be submitted electronically to the division at
				dhr.info@myfloridalicense.com.
(g)
				Mobile food dispensing vehicles and temporary commercial kitchens shall not
				obtain water from or dispose of wastewater at a private residence or prepare
				food; store food products, equipment or utensils; or conduct ware washing or
				any other activities related to the public food service in a private residence.
				The exterior of the vehicle or kitchen may be washed in any location, provided
				the wastewater does not create a sanitary nuisance.
(h) Self-sufficient mobile food dispensing
				vehicles and self-sufficient temporary commercial kitchens are exempt from
				paragraphs (2)(c) and (2)(e) of this rule.