On March 11, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code and ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-1.004: General Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On March 11, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code from Marriott Boca Raton at Boca Center located in Orlando. The above referenced F.A.C. addresses the requirements that the following are provided: at least one service sink for the cleaning of mops or similar cleaning tools and the disposal of mop water; facilities for manually washing, rinsing and sanitizing equipment and utensils; and areas for food preparation and storage. They are requesting to share mop sink, warewashing, food preparation and food storage areas within another licensed food service establishment on the same premises and under the same ownership.
The Petition for this variance was published in Vol. 39/52 on March 15, 2013. The Order for this Petition was signed and approved on March 25, 2013. 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 mop sink, three-compartment sink, food preparation and storage areas within Absinthe (SEA6007453) are maintained in a clean and sanitary manner and all sinks are provided with hot and cold running water under pressure and are available during all hours of operation. If the ownership of Absinthe (SEA6007453) 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.