| Lawton Chiles, Governor | Richard T. Farrell, Secratary |
June 3, 1996
Dear Mr. Fink:
Thank you for writing to request information relative to applicable laws governing the attire of business patrons.
Chapter 509, Florida Statues, and Chapter 61C-4, Florida Administrative Code (F.A.C.), are the statute and rule which provide the requirements for public food service establishments in Florida. Neither of these documents mandate what attire must be worn by patrons in a public food service establishment. In regards to employees of a public food service establishment, ss. 61C-4.012(2), F.A.C., states, in part, "The outer clothing of all employees shall be clean."
The U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, provides regulatory recommendations for the operation of retail food service establishments in the model Food Code. The Food Code is not law but is a standard which may by adopted by local, state, or federal jurisdictions responsible for the regulation of retail food operations. The 1995 Food Code provides, in part, in ss. 2-304.11, "Food employees shall wear clean outer clothing." There is no apparant provision in the Food Code for the clothing requirements of patrons. Information of interpretation of the current Food Code may be obtained from the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, Washington, D.C., 20204.
It is my understanding that the food inspection requirements for establishments regulated by the Department of Health and Rehabilitative Services and the Department of Agriculture and Consumer Services have language similar to that provided in ss. 61C-4.012(2), Florida Administrative Code. As stated in your letter, each individual operator or manager may establish and post a store/restaurant policy requiring certain dress standards for its patrons.
If you have any questions or desire further information, please contact this office. Thank you for your interest in our program.
Sincerely,
Kitte Carter
KC/lmc