On October 17, 2017 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 61C-1.004(1)(a), Florida ...

 

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 October 17, 2017 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code subsection 61C-4.010(5), Florida Administrative Code, paragraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code from Treats of Naples Inc. located in Naples. The above referenced F.A.C. addresses the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided and 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 the warewashing and mopsink facilities located within a business located in the same building under the same ownership.

The Petition for this variance was published in Vol. 43, No. 202, F.A.R., on October 18, 2017. The Order for this Petition was signed and approved on October 25, 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 warewashing and mopsink facilities located within Second Cup,(SCMercato LLC) are maintained in a clean and sanitary manner and are available during all hours of operation. The Petitioner shall also ensure that the warewashing and mopsink facilities are provided with hot and cold running water under pressure. If the ownership of Goldies Express (Treats of Naples Inc.) and/or Second Cup (SCMercato LLC) changes, an updated signed agreement for use of the warewashing and mopsink facilities will be required 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.