On March 13, 2013 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), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food ...

 

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 that on March 13, 2013 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), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code from Pinkberry located in Orlando. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater, facilities for manually washing, rinsing and sanitizing equipment and utensils, and areas for food preparation and storage. They are requesting to install holding tanks at a portable handwash sink and share warewashing, food preparation and food storage areas within another licensed food service establishment under different ownership on the same premises.
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 wastewater holding tank for the handwash sink is emptied at a frequency as to not create a sanitary nuisance; potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure the handwash sink is provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The Petitioner shall also ensure the three-compartment sink, food preparation and storage areas within Centerplate @ PHSDR V Kitchen (SEA5811092) 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 Centerplate @ PHSDR V Kitchen (SEA5811092) changes (Centerplate Hospitality Venture), an updated 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.