On May 21, 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, 2001 FDA Food Code, Paragraph 4-301.12(A), 2001 FDA Food Code, ...

 

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 May 21, 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, 2001 FDA Food Code, Paragraph 4-301.12(A), 2001 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, and Paragraph 4-301.11, 2009 FDA Food Code from Best Western Naples Inn & Suites located in Naples. 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; that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided and that each establishment have an adequate number of facilities to maintain all time/temperature control for safety foods at proper temperatures. They are requesting to utilize the mopsink, dishwashing and food storage and prep facilities located within another licensed establishment on the same premises and under the same ownership.

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 May 29, 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 and dishwashing areas within Chardonnay Bar and Grill (SEA2101332) are maintained in a clean and sanitary manner, all sinks are provided with hot and cold running water under pressure and available during all hours of operation. The Petitioner shall also ensure that the food storage facilities in Chardonnay Bar and Grill are maintained in a clean and sanitary manner and are capable of keeping time/temperature control for safety foods at the proper temperatures. If the ownership of Chardonnay Bar and Grill (Buccaneer Motel Corporation) changes, a written agreement must be provided to the division 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.