On April 22, 2020 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2017 FDA Food Code; Paragraph 4-301.11(A) and Paragraph ...

 

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 April 22, 2020 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2017 FDA Food Code; Paragraph 4-301.11(A) and Paragraph 4-301.12(A), 2017 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code from ACA & FRUITS LLC, 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; the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided and the requirement that adequate cold food storage is provided. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwash sink; and to use the ware washing facilities and cold food storage located on the premises of a nearby business under a different ownership.

The Petition for this variance was published in Vol. 46/80 on April 23, 2020. The Order for this Petition was signed and approved on May 12, 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 the handwash sinks are provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. As well as, ensuring the warewashing facilites and the walk in cooler\freezer located on the premises of CENTRAL FARE LLC (file: 300515), is maintained in a clean and sanitary manner and is provided with hot and cold running water under pressure and available to employees of ACA & FRUITS LLC (file: 325354) during the hours of operation: Monday-Friday 8am-6pm. If the ownership of ACA & FRUITS LLC (file: 325354) and/or CENTRAL FARE LLC (file: 300515) changes, a signed agreement for use of the warewashing is required 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.