On March 16, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 ...

 

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 March 16, 2015, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for subsection 61C-4.010(5), F.A.C., paragraph 61C-1.004(1)(a), F.A.C., Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, Section 5-203.13, 2009 FDA Food Code, paragraph 61C-1.004(2)(a), F.A.C., subsection 61C-4.010(7), F.A.C., subsection 61C-4.010(6), F.A.C., Section 6-402.11, 2009 FDA Food Code from Jamieson Family Ice Cream located in Port Orange. 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 at least one service sink be provided for the cleaning of mops or similar cleaning tools and the disposal of mop water; and at least one accessible bathroom be provided for use by customers and employees. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink and to share the dishwashing, mopsink and bathroom facilities for use by both customers and employees located within an adjacent establishment under a different ownership.

The Petition for this variance was published in Vol. 41, No. 55, F.A.R., on March 20, 2015. The Order for this Petition was signed and approved on March 27, 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 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 handwash sinks used by employees are provided with a handwash sign, soap and approved hand drying devices. All sinks must also be provided with hot and cold running water under pressure. The dishwashing, mop sink and bathroom areas within The Deck Down Under (SEA7403404) must be maintained in a clean and sanitary manner. All of these areas must be available to Jamieson Family Ice Cream during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of The Deck Down Under (The Deck Down Under LLC) changes, an updated, signed agreement between the 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 [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.