On November 04, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2009 FDA Food Code from Dippin Dots-Miami Seaquarium ...

 

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 November 4, 2014, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, and Paragraph 5-202.11(A), 2009 FDA Food Code from Dippin Dots-Miami Seaquarium located in Miami. 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 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 share the mop sink with an adjacent establishment under the same ownership and to utilize holding tanks to provide potable water and to collect wastewater at the handwash and three-compartment sinks.

The Petition for this variance was published in Vol. 40, No. 218, F.A.R., on November 7, 2014. The Order for this Petition was signed and approved on November 13, 2014. 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 that 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 that the mop sink within Miami Seaquarium Manatee Bay Cafe (SEA2301516) is maintained in a clean and sanitary manner, all sinks are provided with hot and cold running water under pressure and are available during all hours of operation. If the ownership of Miami Seaquarium Manatee Bay Cafe changes (Festival Fun Parks LLC), a signed agreement between the two establishments for use of the mop sink area 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.