On January 18, 2012, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2001 FDA Food Code, subsection 61C-4.010(5), paragraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-4.010: Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On January 18, 2012, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2001 FDA Food Code, subsection 61C-4.010(5), paragraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2001 FDA Food Code from Marlins Ball Park Cart #13 (Gelato) located in Miami, FL. 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 each establishment have an approved plumbing system installed to transport potable water and wastewater. They are requesting to utilize dishwashing facilities located within another licensed establishment at the same location and under the same ownership and holding tanks to provide potable water and to collect wastewater.
The Petition for this variance was published in Vol. 38, No. 5 on February 3, 2012. The Order for this Petition was signed on February 9, 2012, and 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 tanks for the handwash sink are emptied at a frequency as to not create a sanitary nuisance; potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall ensure that the handwash sink is provided with approved hand drying device and a handwashing sign. In addition, the dishwashing area located within Commissary (SEA2333240) must be maintained in a clean and sanitary manner. All sinks must be provided with hot and cold running water under pressure and available during all hours of operation. If the ownership of Commissary (SEA2333240) changes, the division must be notified immediately and a written agreement provided.
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.