Published:
Sep 9, 2007
In 1992, one of
the Florida Legislature's more unfortunate decisions was to eliminate much of
the food service inspection responsibility by the state Department of Health
(DOH) and delegate it to the departments of Business and Professional
Regulation (BPR) and Agriculture and Consumer Services (ACS).
Since this legislation passed,
BPR became responsible for public lodging
and food service establishments (restaurants). ACS accepted the responsibility
of convenience stores and food markets.
Many facilities went without previous
Health Department-required inspections for as long as two years while ACS
instituted its new program responsibilities. Lack of adequate trained staff and
funding were the cause.
Both BPR and ACS suggested the programs
would be uncompromised and necessary communication would occur due to DOH's
infectious outbreak responsibilities. Neither would prove true initially and
may still be seriously compromised.
Let's look at some facts.
It is important to understand the
importance of well-funded food service inspections in the state.
Although most chain restaurants have good
policy related to food safety, the majority of restaurants that serve
Serious violations may go unnoticed or
undiscovered due to a weakened inspection program. Finding violations in a
comprehensive program is only the first step toward resolving a problem.
It also is important to hold the
owner/manager responsible for correcting the violation quickly. Such follow-up
inspections by the local health department might occur that day or within 24
hours if the compliance issue required it. Since the transfer of these
responsibilities, I'm concerned that discovered violations with potential
health risks may not be adequately pursued.
When DOH had responsibility for the food
inspection program, they were required to make four inspections a year. The
programs operated county by county and were, indeed, local. Local health
departments were only paid fees when the inspections were accomplished.
There were specific parameters for
follow-up inspections when violations occurred. Many restaurants would
voluntarily close as serious violations were corrected.
Successful lobbying efforts ultimately
denied the "ABC" program to any other county. Ultimately, additional
lobbying efforts led to the transfer of much of the food service program to the
department of Business and Professional Regulation and Agriculture and Consumer
Services.
When BPR accepted the responsibility,
lawmakers reduced the number of inspections required. The new statute requires
two inspections per year.
BPR is paid regardless of whether those
inspections are accomplished. With so few inspections, one has to ask how many
violations slipped under the radar. And what was the quality of follow-up when
problems were discovered?
Prior to the change in statute, DOH
oversaw most of these responsibilities, singly. DOH still has the
responsibility to investigate food outbreaks. But the fragmentation of the
programs often causes delays in instituting adequate investigations. Time is of
the essence for a successful determination of causes and protecting those
exposed to food-related illness.
It is interesting to note that in 2005,
188 food-borne illness outbreaks were reported statewide. Of those, 77 percent
were associated with a BPR-regulated facility, and 9 percent were associated
with DOH-regulated facilities.
Arguments to move food service
inspections away from the state Health Department suggested there were
inconsistencies from county to county regarding how inspections were
accomplished. Also, BPR inspected lodgings with dining facilities. Owner/mangers
faced two inspection fees with DOH also inspecting the restaurant facilities.
The Florida Restaurant Association
lobbied hard and successfully. State statute changes removed more than 90
percent of food service responsibilities from DOH. This action fostered a great
disservice to the inspection program and the people of
Compromising the quality of the food
service program through fragmentations among three agencies, along with a
reduction in the number of required inspections, threatens food safety and
undermines hygienic standards required to protect diners.
Ideally, the program should be the
responsibility of one agency. It is appropriate that the agency which provides
epidemiologic investigations in the event of outbreaks should have that
responsibility. That agency is the state Department of Health. It defied logic
to move that program from the department.
The food service program should be
adequately funded, efficient and allow necessary follow-up in response to
violations to protect the health and safety of
Perhaps Gov. Charlie Crist could
establish a committee that includes the Florida Restaurant Association, state
departments of Health, Agriculture and Consumer Services and Business and
Professional Regulation, as well as other appropriate members, to work through
an orderly transition to bring the responsibility of the Food Service program
back to local health departments.
That's where it belongs. That's where it
has always belonged.
The writer, a