On October 18, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Section 4-301.11, 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from Central Florida Nieves Holdings LLC ...

 

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 October 18, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Section 4-301.11, 2009 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code from Central Florida Nieves Holdings LLC located in Miami. The above referenced F.A.C. addresses the requirements that each establishment have facilities to maintain potentially hazardous food at proper temperature. They are requesting to share the walk-in cooler/freezer located within another food establishment.

The Petition for this variance was published in Vol. 44/205 on October 19, 2018. The Order for this Petition was signed and approved on October 25, 2018. 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/freezer located on the premises of Pollo Tropical-Viena (SEA2334932), is maintained in a clean and sanitary manner and to maintain potentially hazardous food at proper temperature. If the ownership of Sbarro (Central Florida Nieves Holdings LLC) and/or Pollo Tropical-Viena (IMC Hospitality LLC) changes, a signed agreement for use of the walk-in cooler/freezer is 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.