On February 10, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from Lee County Sports Complex Suite ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-4.010Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:

On February 10, 2015, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code and subsection 61C-4.010(5), F.A.C. from Lee County Sports Complex Suite Level Pantry located in Fort Myers. The above referenced F.A.C. addresses the requirement that each establishment have facilities for manually washing, rinsing and sanitizing equipment and utensils. They are requesting to share the warewashing sink area with another licensed food service establishment under the same ownership and on the same premises.

The Petition for this variance was published in Vol. 41, No. 25, F.A.R., on February 6, 2015. The Order for this Petition was signed and approved on February 24, 2015. 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 purpose of the underlying statute has been achieved by the Petitioner ensuring a three-compartment sink is provided with hot and cold running water under pressure. The Petitioner shall also ensure that the three-compartment sink area within Lee County Sports Complex Stadium Commissary (NOST4606793) is maintained in a clean and sanitary manner and is available during all hours of operation. If the ownership of Lee County Sports Complex Stadium Commissary (SD Concessions LLC) changes, a signed agreement for use of the shared facilities 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.