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RESOLUTION SUPPORTING SB 1124, HB 1029, OR SIMILAR LEGISLATION THAT WOULD IMPOSE REGULATIONS ON THE USE OF LIQUID NITROGEN IN THE PREPARATION AND PRESENTATION OF FOOD AND ALCOHOLIC BEVERAGES

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WHEREAS, an increasing number of restaurants and bars are using liquid nitrogen in the preparation and presentation of food and alcoholic beverages to create a steaming visual effect when such food and drinks are served to consumers; and
WHEREAS, people have suffered serious internal injuries following the consumption of drinks prepared with liquid nitrogen; and
WHEREAS, in 2012, an 18-year-old British woman had a portion of her perforated stomach removed after consuming a cocktail prepared with liquid nitrogen; and
WHEREAS, in 2014, a woman in Miami Beach suffered tears in her esophagus, stomach and lower bowels after drinking a cocktail made with liquid nitrogen; and
WHEREAS, Florida law does not currently regulate the use of liquid nitrogen in the preparation or presentation of food and alcoholic beverages; and
WHEREAS, Florida law preempts local governments from regulating bars and restaurants; and
WHEREAS, on June 17, 2014, this Board passed Resolution No. R-566-14, which urged the Florida Legislature, the Florida Department of Business and Professional Regulation, and the Florida Department of Health to impose reasonable regulations on the use of liquid nitrogen; and
WHEREAS, Senate Bill 1124 (�SB 1124�) has been filed for consideration during the 2015 session of the Florida Legislature by Senator Oscar Braynon (D � Miami Gardens); and
WHEREAS, House Bill 1029 (�HB 1029�) has been filed for consideration during the 2015 session of the Florida Legislature by Representative Alan Williams (D � Tallahassee); and
WHEREAS, SB 1124 and HB 1029 would:
(1) require public food service establishments and establishments licensed under the
Beverage Law, Chapter 561 of the Florida Statutes, to provide notice to their guests regarding the danger of liquid nitrogen;
(2) require such establishments to advise and train their employees in the use of liquid
nitrogen; and
(3) set minimum standards for liquid nitrogen training; and
WHEREAS, HB 1029 would also require the Florida Department of Business and
Professional Regulation and its Division of Hotels and Restaurants to adopt rules on the use of liquid nitrogen; and
WHEREAS, this Board would like to support SB 1124, HB 1029, or similar legislation
that would impose regulations on the use of liquid nitrogen in the preparation and presentation of food and alcoholic beverages,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Supports SB 1124, HB 1029, or similar legislation that would impose regulations on the use of liquid nitrogen in the preparation and presentation of food and alcoholic beverages.

Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, Senator Oscar Braynon, Representative Alan Williams, the Chair and remaining Members of the Miami-Dade County State Legislative Delegation, the Secretary of the Florida Department of Business and Professional Regulation, and Florida�s Surgeon General.
Section 3. Directs the County�s state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2015 State Legislative Package to include this item.