On June 1, 2015 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 Code, ...

 

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 June 1, 2015, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), F.A.C., Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, subsection 61C-4.010(5), F.A.C., and Section 5-203.13, 2009 FDA Food Code from Daytona International Neighborhood 7 & 8 Grill 1, 2, and 3 located in Daytona Beach. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater, and facilities for manually washing, rinsing and sanitizing equipment and utensils. They are requesting to install holding tanks at the handwash sink and share the warewashing sink within another licensed food service establishment under the same ownership and on the same premise.

The Petition for this variance was published in Vol. 41, No. 117, F.A.R., on June 17, 2015. The Order for this Petition was signed and approved on June 23, 2015. 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 and 3-compartment sinks are provided with hot and cold running water under pressure; the handwash sink must be provided with soap, an approved hand drying device and a handwashing sign. The Petitioner shall also ensure that the three-compartment sink within Daytona International Speedway Neighborhood 4 Area 47, 49 and 50 (license pending approval) is maintained in a clean and sanitary manner and are available during all hours of operation. If the ownership of Daytona Intl Speedway Neighborhood 4 Area 47, 49, and 50 (Americrown Service Corporation) changes, a 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.