for an Emergency Variance for Chapter 61C-1.004(1) (d), Florida Administrative Code, Paragraph 509.221(1)(b), Florida Statutes and Paragraph 5-202.11(A), 2001 FDA Food Code from Las Vegas Casion Lines located in Cape Canaveral. The above ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO: RULE TITLE
61C-1.004: General Sanitation and Safety Requirements

NOTICE IS HEREBY GIVEN THAT on October 29, 2008, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.

for an Emergency Variance for paragraph 61C-1.004(1)(d), Florida Administrative Code, Section 509.221(1)(b), Florida Statutes and Section 5-202.11(A), 2001 FDA Food Code from Las Vegas Casion Lines located in Cape Canaveral. The above referenced F.A.C.’s state the water supply shall meet the standards provided in Chapters 64E-8, 62-550 and 62-555, F.A.C., that sewage shall be disposed of in a public sewerage system or other approved sewerage system in accordance with the provisions of Chapter 64E-6 or 62-601, F.A.C., and physical facilities at public food service establishments shall be subject to the provisions of Chapter 6 of the Food Code. Specifically, the Petitioner requests a variance to utilize a wastewater holding tank that will be serviced by a provider to remove the sewage from the tank rather than emptying the holding tank directly into a permanent sewage treatment and disposal system.

This variance was approved contingent upon the Petitioner using a wastewater tank sized at least 15% larger in capacity than the potable water tank. The wastewater holding tank must be serviced in a timely manner so as not to create a sanitary nuisance. If the contracted, licensed pump out service provider changes, the written agreement with copies of the Department of Health licenses must be updated immediately. Any violation of the variance is the equivalent of a violation of the Rule and may result in a rescission of the variance and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.

A copy of the Order may be obtained by contacting: [e-mail].