The Department received a Petition for an Emergency Variance on January 25, 2010 for Paragraph 4-301.12(A), 2001 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, Section 509.221(1)(b), Florida Statutes, subsection 61C-1.004(1), ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO: RULE TITLE
61C-1.001: Definitions

NOTICE IS HEREBY GIVEN that on February 08, 2010, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition for an Emergency Variance on January 25, 2010 for Paragraph 4-301.12(A), 2001 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, Section 509.221(1)(b), Florida Statutes, subsection 61C-1.004(1), paragraph 61C-1.004(1)(d), Florida Administrative Code, and Paragraph 5-202.11(A), 2001 FDA Food Code from Yogen Fruz, Miami, FL. The above referenced F.A.C. addresses the requirement that each establishment have facilities for washing, rinsing and sanitizing dishes and utensils; discharge sewage into an approved collection system with an approved plumbing system. They are requesting to utilize the dishwashing facilities located within another licensed establishment at the same location and under the same ownership and install potable and waste water holding tanks.
The variance request was published in Vol. 36, No. 6, 2/12/10 and approval is contingent upon the petitioner ensuring the dishwashing facility located within Kendall Village Stadium 16 are maintained in a clean and sanitary manner and provided with hot and cold running water under pressure and available during all hours of operation. The Petitioner shall also ensure the waste water holding tanks are emptied at a frequency as to not create a sanitary nuisance; and the potable water provided must come from an approved source and be protected from contamination during handling. If the ownership of Kendall Village Stadium 16 changes, an updated signed agreement for use of the dishwashing facility is required immediately.
A copy of the Order may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.