On January 18, 2024 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.11(A), 2017 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code from John's Quick ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-4.010Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice: On January 18, 2024 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.11(A), 2017 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code from John's Quick Lunch located in Webster. The above referenced F.A.C. addresses the requirement that adequate cold food storage is provided. They are requesting to share the cold food storage with another food service establishment under the a different ownership and on the same premise.

The Petition for this variance was published in Vol. 50/13 on January 19, 2024. The Order for this Petition was signed and approved on January 29, 2024. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the walk in cooler and walk in freezer within Swap-O-Rama must be maintained in a clean and sanitary manner. These areas must also be available to John's Quick Lunch during all hours of operation. If the ownership of John's Quick Lunch (John J. Curran Sr.) and Swap-O-Rama (Swap-O-Rama Inc.) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.

A copy of the Order or additional information may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.