On March 24, 2020 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), 2017 FDA Food Code, Paragraph 4-301.12(A), 2017 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 March 24, 2020 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), 2017 FDA Food Code, Paragraph 4-301.12(A), 2017 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, Section 5-203.13, 2017 FDA Food Code; Florida Administrative Code; subsection 61C-4.010(7) Florida Administrative Code and subsection 61C-4.010(6), Florida Administrative Code from Cantina Catrina Taco Cart located in Miami. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater; 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; the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided; and that the requirement that 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 mop sink facilities, share the warewashing facilities, and share the bathrooms for employees and customers located within a nearby establishment under the same ownership.

The Petition for this variance was published in Vol. 46/60 on March 26, 2020. The Order for this Petition was signed and approved on 04/08/2020. 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 and bathroom facilites are provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The mop sink and dishwashing facilities within CATRINA DADELAND LLC (SEA2336430) must be maintained in a clean and sanitary manner and is provided hot and cold running water under pressure. These areas must also be available to Cantina Catrina Taco Cart (FILE: 325996) during all hours of operation. If the ownership of CATRINA DADELAND LLC (SEA2336430) and Cantina Catrina Taco Cart (file: 325996) 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: [e-mail], Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.