On September 30, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Section 5-203.13, 2009 FDA Food Code,...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.004General Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice: on September 30, 2013, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Section 5-203.13, 2009 FDA Food Code, paragraph 61C-1.004(2)(a), Florida Administrative Code, subsection 61C-4.010(7), Florida Administrative Code, paragraph 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2009 FDA Food Code from Nana's Italian Ice located in Titusville. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater, that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water and that at least one accessible bathroom be provided for use by customers and employees. They are requesting to utilize holding tanks to provide potable water and to collect wastewater, to share a mopsink and bathrooms located within an adjacent establishment in the same mall.

The Petition for this variance was published in Vol. 39, No. 192 of the Florida Administrative Register. The Order for this Petition was signed and approved on October 8, 2013. 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 wastewater holding tank for the handwash and three-compartment sinks is emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure the handwash and three-compartment sinks are provided with hot and cold running water under pressure; the handwash sink is provided with soap, an approved hand drying device and a handwashing sign. The Petitioner shall also ensure the mop sink and bathrooms within Loyd Have Mercy (SEA1506389) are maintained in a clean and sanitary manner; the mop sink and handwash sink in the bathroom must be provided with hot and cold running water under pressure. The bathroom handwash sink must also have soap, an approved hand drying device and a handwashing sign. The mop sink and bathrooms must be available during all hours of operation and directional signage installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Loyd Have Mercy (Andrew Loyd LLC) changes, an updated, signed agreement for use of the mop sink and bathroom facilities is required immediately.

A copy of the Order or additional information may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.