On February 22, 2017 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, Paragraph 4-301.12(A), 2009 FDA Food ...  

  •  

    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 22, 2017, 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, Paragraph 4-301.12(A), 2009 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, paragraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code from PT 002 Hot Dogs/Craft located in Orlando. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment has at least one service sink provided for the cleaning of mops or similar cleaning tools and the disposal of mop water. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing and mop sink facilities with another food service establishment under the same ownership and on the same premises.

    The Petition for this variance was published in Vol. 43, No. 37, F.A.R., on February 23, 2017. The Order for this Petition was signed and approved on March 2, 2017. 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 sink 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 all the handwash sinks are provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The dishwashing, food preparation and mop sink facility within ST 004 Heineken Red Star Lounge (NOS581320) must be maintained in a clean and sanitary manner. These areas must also be available to PT 002 Hot Dogs/Craft during all hours of operation. If the ownership of ST 004 Heineken Red Star Lounge (NOS5813920) and PT 002 Hot Dogs/Craft (Ovations Food Services LP) changes, a signed agreement between the two establishments for the use of the shared facilities must be provided to the division immediately.

    A copy of the Order or additional information may be obtained by contacting: Daisy.Aleman@myfloridalicense.com, Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

Document Information

Contact:
Daisy.Aleman@myfloridalicense.com Division of Hotels and Restaurants 2601 Blair Stone Road Tallahassee, Florida 32399-1011
Related Rules: (1)
61C-1.004. General Sanitation and Safety Requirements