THE LAW- The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation.
ADA Lawsuits are brought on because a claimant is stating that you have discriminated against them, and the lawsuit is the vehicle that is being used to bring you into compliance with the ADA Law. In these lawsuits if you are found guilty you will be required to pay the Attorney’s fees for the claimants Attorney. Therefore in many cases the Claimant’s Attorney is in no hurry to settle the cases and instead will drag this lawsuit on for as long as possible to increase their attorney’s fees. Therefore the following defense strategies are recommended.
Many of the items that are usually cited in these lawsuit can be repaired fairly quickly and without spending too much time and money such as: lowering items so that people in wheelchairs can reach them, items such as soap dispensers, bars, toilet seat covers, ticket dispenser, the hook behind bathroom door, the credit card terminal, etc..
Places of public accommodation (your stores) must remove architectural barriers that impede the access for people in wheelchairs but it must be “Readily Achievable”. In other words, if it is something inexpensive and easy to fix, it MUST get fixed to comply with the ADA law. If it is something larger and more expensive like removing a beam, moving a wall, creating a completely new bathroom etc.. then these items may not be READILY ACHIEVABLE due to the cost for your stores to get this done.
Handicap Parking Spaces
A claimant can sue both the tenant & the landlord regarding handicap parking spaces For every 25 parking spaces there should be one handicap space After 100 parking spaces in your lot, the amounts go up
There are only two questions you can ask when a person enters with a “service animal”
Note: You cannot ask for documentation to show that the animal is a service animal
The only two reasons you can ask to remove the dog from your store are:
After the dog is asked to leave you MUST re-invite the owner to return into the store
It is less expensive to fix ADA Compliance items NOW then to pay an Attorney to defend your case, or settle your case, and in addition, possibly have to pay for the claimant’s attorney’s fees as well if the Judge rules in favor of the claimant.
Jeffery Gross, Architect
Jeffery Gross / Associates / Architects PA
Carl Bober, Attorney
Vernis & Bowling of Broward, P.A
** Disclaimer: This flier is being provided for informational and educational purposes only and should not be construed as legal advice. If you need legal advice regarding any of the topics of this workshop, it is recommended that you seek independent legal counsel regarding your specific concerns.
FRF Launches the Florida Grocers Association
The Florida Retail Federation (FRF), the state’s premier trade association representing retailers for over 75 years, recently held its 2015 Summer Meeting where President/CEO Rick McAllister announced that FRF’s Grocery Council will be rebranded to the Florida Grocers Association. This rebranded Association will continue to be a division of the Florida Retail Federation with a clear vision to serve Florida’s $45 billion grocery industry.
“Florida’s grocers are such an important and influential part of our economy, and we felt that this rebranding better reflects the impactful role they play for both businesses and consumers,” said McAllister. “We felt the Council needed to be better positioned to meet today’s needs and challenges of the state’s grocery industry, and the Florida Grocers Association provides the appropriate level of support and awareness.”
McAllister said that Tom Jackson, a current FRF consultant and a retired former CEO of the Ohio Grocers Association, will serve as Interim Executive Director of the new Florida Grocers Association, and will look to continue expanding its membership while also serving the needs of the more than 2,300 grocery stores and their industry partners statewide. Jackson currently serves as the Director of FRF’s Grocery Council.
“Tom brings a wealth of knowledge, experience and expertise about how to properly manage an organization of this size, while also growing its membership,” said McAllister. “Tom successfully ran a similar organization in Ohio for 25 years, and I look forward to the positive impact he’ll have here in Florida as we look to better serve the needs of Florida’s grocers.”
“I’m very excited about this new association, as it will provide a greater and more defined identity to serve Florida grocers,” stated Jackson. “Florida is the third largest state in the nation yet didn’t have a grocers association. Our industry is too big and too important not to be served by an association dedicated to grocer’s needs. With substantial resources already in place, like our excellent Government Relations Team and topnotch administrative support, we will hit the ground running.”
FRF will unveil a new logo, updated website and other marketing support for the Association in the coming weeks.
FDA Delays Menu Labeling Until December 2016
The Florida Grocers Association is pleased to announce that the FDA has delayed the implementation of Menu Labeling until December 1st, 2016.
Menu labeling has been one of our top federal priority issues. While this rule only applies to 20 or more stores operating under the same banner, we have also remained concerned about the long-term effects and compliance issues it has for the entire retail food industry.
We are pleased with the work of our partners at FMI & NGA as well as our members who have vigorously advocated on this issue. It is our hope that this delay will provide for further technical clarification and ultimately lead to a less burdensome approach to final compliance.
Retirement of Coupon Barcodes effective as of June 30
FMI, NACDS, NGA, GMA and GS1 urge retailers to prepare for the retirement of UPC Prefix 5 barcodes from manufacturer coupons. These symbols will no longer be used after June 30, as manufacturers shift to exclusive use of the GS1 DataBar™ format for coupons. To ensure readiness, retailers may simply need to enable the functionality in their systems. In some instances, software and/or hardware modifications may be required. Courtesy of NGA.
Revisions to Overtime Pay
The Department of Labor (DOL) issued its long awaited proposed rulemaking that will make revisions to the overtime pay provisions under the Fair Labor Standards Act (FLSA). The proposal seeks to raise the salary test threshold from $23,660 a year to roughly $47,892 annually (or a projected $50,440 at the estimated time of the release of the final rule), meaning that individuals making less than $50,440 would be eligible for overtime pay if they are working in excess of 40 hour in a week. The proposed rule was published in the July 6, 2015 Federal Register with a 60-day comment period that closes on September 4th.
The Florida Grocers Association will be commenting and monitoring this overtime proposal carefully, as we believe this will have a significant impact on our Grocery Industry. Courtesy of FMI.
Good News! Expansion of SNAP Benefits
We are pleased to report that Randy Miller, FRF Executive Vice President, and his lobbying team, were able to secure the funding to expand the distribution of SNAP benefits from 15 days to 28 DAYS EACH MONTH!! This will be a major benefit to our members, as this will help with labor scheduling, balancing inventory and providing better service to your SNAP customers. In the past, with all the SNAP Benefits being distributed in just 15 days, grocers had a real surge in business and increased labor. This coupled with out of stocks and jammed isles created some challenges for the first half of each month.
With the distribution of SNAP (EBT) benefits spread over the entire month (28 days) this will even things out as it relates to labor hours, inventory and customer service. We will be meeting with the SNAP Administration to work out the details as the projected implementation date is March/April 2016. Thanks Randy and your team – for this a meaningful benefit to Florida Grocers and their SNAP Customers.
FDA Regional Food Safety Seminar
On behalf of the FDA’s Southeast Region Cooperative Programs Branch Retail Food Team and the Louisiana Department of Health and Hospitals, we are pleased to announce that the 2015 SER Retail Food Safety Seminar will be held in Baton Rouge, LA, from Monday, November 30, through Thursday, December 3.
This year’s seminar is hosted by the Louisiana Department of Health and Hospitals and will be held at the Crowne Plaza Baton Rouge, located at 4728 Constitution Avenue, Baton Rouge, LA 70808. Registration and a welcome reception are scheduled for Monday evening and the program concludes by noon on Thursday.
Additional information regarding hotel reservations, registration, and the agenda will be sent in the near future.
Recognizing our FGA Members
Congratulations to all of our winners!!!
FDACS Changes Food Safety Inspection Scoring
YOU MAY OR MAY NOT KNOW, but on July 13th the Florida Department of Agriculture & Consumer Services changed the way Food Safety inspections were scored. The Department’s explanation for the change was to make the inspections more objective and reduce the subjectivity for the inspectors. It was also an attempt to bring consistency to the inspection process. While all of these objectives sound good and seem very desirable to the Grocery industry – the system appears to be flawed.
We have scheduled a meeting with the management team at the Florida Department of Agriculture and Consumer Services. This is an important meeting and we are inviting any of our members to attend. Below are the details for that meeting:
Grocery Industry Meeting with the Florida Department of Agriculture and Consumer Services
DATE: Thursday, August 27th
TIME: 10:00 am
PLACE: Connor Building, 3125 Connor Blvd., Tallahassee, FL 32399
2015 LOSS PREVENTION CONFERENCE
Don't Miss the “EARLYBIRD DISCOUNT” for the FRF Loss Prevention Conference!
Discounted registration ends TODAY!!!
Please click to view complete registration details.
October 12-13 in Tampa – This will be a great conference for grocers!
EMV Liability Shift Approaching
Unfortunately, the Department of Labor has rejected the industry’s request for an extension of the comment period for the significant changes for overtime compensation. There have been many comments filed indicating the impact that raising the salary threshold for exempted managers would have on the retail grocery industry. The Florida Grocers Association will continue to monitor this issue and keep you updated.
Food Safety Meeting
Recently, the Florida Grocers Association and the Florida Retail Federation met with the Department of Agriculture, Division of Food Safety, to discuss the new Food Safety Inspection Scoring System. We had a good meeting and we brought up some things that they have adjusted and corrected in this new process. To review all the questions and answers that were submitted to the Food Safety Officials click here.
Don't Miss the Loss Prevention Conference
Book Your Hotel Now!
The next Food Safety and Food Defense Advisory Council meeting is scheduled for October 16, 2015 at 10:00 a.m., in the Eyster Auditorium, located at 3125 Conner Blvd., Tallahassee, FL 32399.
Food Safety Modernization Act (FSMA): Update from FDACS regarding implementation plans and information specific to the Preventive Controls (PC) rules for Human Foods and Animal Foods Food Safety Training: Update from academic partners regarding upcoming food safety training programs to support both regulatory and regulated industries to comply with FSMA PC and Produce Safety rules.
Retail Food Safety Inspections: Update from FDACS regarding recent program changes to the food safety inspection program. Outbreak Updates: Information from our state and federal partners regarding recent foodborne illness outbreaks, including cucumbers contaminated with Salmonella Poona; Norovirus outbreaks in Florida, etc.
Oriental Fruit Fly: An update from FDACS regarding the quarantine imposed and emergency response to the Oriental Fruit Fly in Miami-Dade Co.
National Food Safety Education Month: An update from all stakeholders on consumer outreach efforts associated with food safety education, especially during the month of September.
Food Safety at Farmer’s Markets: Opportunities to provide food safety outreach and informed messaging addressing high risk foods such as raw milk (see attached photo).
Key Food Safety Meetings in 2016 (Informational):
BRC Food Safety of the Americas – Marriott Waterside in Tampa, FL: April 6 – 8
Global Food Safety Conference in Berlin, Germany: February 29 – March 3
Conference for Food Protection in Boise, ID: April 17 – 22
International Association for Food Protection in St. Louis, MO: July 31 – August 3
Safe Quality Foods International Conference in Orlando, FL: October 25 – 27
FDA Tobacco Notice
Today the U.S. Food and Drug Administration issued orders that will stop the further sale and distribution of four currently marketed R.J. Reynolds Tobacco Company cigarette products – including its Camel Crush Bold brand – because the company’s submissions for these products did not meet requirements set forth in the Federal Food, Drug, and Cosmetic Act (FD&C Act). The FDA’s evaluation found that Camel Crush Bold, Pall Mall Deep Set Recessed Filter, Pall Mall Deep Set Recessed Filter Menthol and Vantage Tech 13 cigarettes were not substantially equivalent (NSE).
When the FDA issues an NSE order, the tobacco product in inventory, including at a retail location, becomes adulterated and misbranded. As a result, it is illegal to sell or distribute the product in interstate commerce, or sell or distribute the product received from interstate commerce. Doing so may result in the FDA initiating enforcement action, including seizure, without further notice.
Recognizing that retailers may have limited options for disposing of products in their current inventories, the FDA indicated that they do not intend to take enforcement action for 30 days on previously purchased products that a retailer has in its inventory. Importantly, the policy does not apply to inventory purchased by retailers after the date of the order. FDA encourages retailers to contact their supplier or manufacturer to discuss possible options for existing inventories at specific retailer locations. Courtesy of the Food Marketing Institute.
Attention - Please Respond
Effective July 1, 2015 the Florida legislature amended Florida Statute 402.84 (4)(a) to prohibit the use or acceptance of an Electronic Benefit Transfer (EBT) card for the purchase of an alcoholic beverage as defined in s.561.01 and sold pursuant to the Beverage Law.
Retail stores will be responsible for ensuring the EBT card is not used for the purchase of alcoholic beverages.
FDA Tobacco Stings
The Florida Grocers Association has learned of an effort by the Food and Drug Administration (FDA) to increase the enforcement of legal tobacco sales (18 years of age). To remind our members – the FDA has a regulation that requires retailers to check IDs of anyone appearing to be 27 years of age or less. The FDA has contracted with a private firm to conduct these stings and so you can be assured that the enforcement process will be increased. NOW IS THE TIME TO RETRAIN – REENFORCE WITH YOUR CASHIERS/SALES ASSOCIATES – THE PROPER CHECKING OF IDS FOR ANYONE APPEARING 27 OR YOUNGER. Please click on this link for more FDA information.
FDA Menu Labeling
According to FMI, the Common Sense Nutrition Disclosure Act, introduced by Sen. Roy Blunt, R-Mo., and Angus King, I-Maine, would:
The Florida Grocers Association is in full support of this legislative initiative in the US Senate. While this legislation does not eliminate the onerous Menu Labeling regulation – it does make it much more reasonable.
FGA has contacted both Florida Senators, asking for their support of this helpful legislation.
Food Safety Modernization Act (FSMA)
The FDA Food Safety Modernization Act (FSMA) Technical Assistance Network is now operational and providing technical assistance to industry, regulators, academia, consumers and others regarding FSMA implementation.
The Technical Assistance Network will address questions related to the FSMA rules, FSMA programs, and implementation strategies after the rules are final. We encourage stakeholders to first visit FDA’s FSMA webpage at www.fda.gov/fsma, which contains detailed information on all aspects of FSMA, including implementation. The webpage includes Frequently Asked Questions about FSMA by topic area. FDA is implementing the Technical Assistance Network in two phases:
Below are the key features of the Technical Assistance Network:
This message is broadcast by the Division of Communications, Office of Communications and Quality Program Management.
The Florida Grocers Association will continue to publish helpful information on FSMA as this new set of laws and standards becomes effective over the next two years.
Legislative Days at the Capitol
SAVE THE DATES...January 20-22, 2016 - Doubletree Hotel, Tallahassee, FL. Please click for complete details, including registration, agenda and reservation link.