On May 15, 2013, the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Subparagraph 61C-1.004(2)(a), Florida ...

 

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 May 15, 2013, the Division of Hotels and Restaurants received a Petition for a Routine Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, paragraph 61C-1.004(2)(a), Florida Administrative Code, subsection 61C-4.010(7), Florida Administrative Code, subsection 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2009 FDA Food Code from Fruity Waffle located in Orlando. 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 at least one accessible bathroom be provided for use by customers and employees. They are requesting to utilize a mopsink and bathrooms located within other establishments.

The Petition for this variance was published in Vol. 39/101 on May 23, 2013. The Order for this Petition was signed and approved on June 7, 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 that the mop sink within Brooklyn Pizza (SEA5810247) and bathroom area within Payless Shoes are maintained in a clean and sanitary manner; and mop sink is provided with hot and cold running water under pressure. The Petitioner shall also ensure the bathrooms located within Payless Shoes are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, and available during all hours of operation and directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Brooklyn Pizza (Bruzone LLC) or Payless Shoes (Payless Shoe Source) changes, updated signed agreements for use of the mop sink and bathroom facilities are 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.