On February 13, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Section 5-203.13, 2009 FDA Food Code, ...

 

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 February 13, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, and Section 4-301.11, 2009 FDA Food Code, from A La Crepe located in Merritt Island. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater, at least one service sink for the cleaning of mops or similar cleaning tools and the disposal of mop water; dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils; an area for food preparation that has a conveniently located handwash sink and that food must be properly stored in a licensed establishment. They are requesting to install potable and wastewater holding tanks and utilize the mopsink, dishwashing, food storage and prep facilities located within another licensed establishment under the same ownership.

The Petition for this variance was published in Vol. 40, No. 32, F.A.R., on February 17, 2014. The Order for this Petition was signed and approved on February 24, 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 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 and dishwashing areas within The Pretzel Twister (DACS permit number 1500809) are 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. The Petitioner shall also ensure the food storage facilities in The Pretzel Twister are maintained in a clean and sanitary manner and are capable of keeping time/temperature control for safety foods at the proper temperatures. If the ownership of The Pretzel Twister (SweetSun LLC) changes, a written agreement must be provided to the division 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.