On September 20, 2017 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-203.13, 2009 FDA Food Code, Paragraph 5-202.11(A), 2009 FDA Food ...

 

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 20, 2017, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, and Section 5-203.13, 2009 FDA Food Code, Paragraph 5-202.11(A), 2009 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code, from Pizza Magnolia LLC located in Orlando. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; and the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and the three compartment sink and to share the mopsink facilities with another licensed food service establishment under a different ownership and on the same premises.

The Petition for this variance was published on September 22, 2017 in Vol. 43, No. 184, F.A.R. The Order for this Petition was signed and approved on September 28, 2017. 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 sink and the three compartment sink 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 that all the handwash sinks are provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The mops sink facilities within Franks and Steins LLC must be maintained in a clean and sanitary manner. These areas must also be available to Pizza Magnolia LLC during all hours of operation. If the ownership of Pizza Magnolia LLC and/or Franks and Steins LLC 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 Rd., Tallahassee, Florida 32399-1011.