on March 22, 2012, 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, 2001 FDA Food Code, Paragraph 4-301.12(A), 2001 FDA Food Code, and ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-4.010: Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice on March 22, 2012, 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, 2001 FDA Food Code, Paragraph 4-301.12(A), 2001 FDA Food Code, and subsection 61C-4.010(5), Florida Administrative Code, from Sweet Cravings Ice Cream & Candy located in Port Charlotte, FL. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water and that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to share the mop and three-compartment sinks located within Obee’s Soup Salad Subs (1801603).

The Petition for this variance was published in Vol. 38, No. 14, April 6, 2012. The Order for this Petition was signed on April 12, 2012, and 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 dishwashing and mop sink areas located within Obee’s Soup Salad Subs (1801603) are maintained in a clean and sanitary manner, provided with hot and cold running water under pressure, and available during all hours of operation. If the ownership of Obee’s Soup Salad Subs (1801603) changes, an updated written agreement must be provided to the division immediately.

A copy of the Order or additional information may be obtained by contacting: Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, email: [e-mail].