On May 11, 2015 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Paragraph 4-301.12(A), 2009 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code, Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-4.010Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:

On May 11, 2015, the Division of Hotels and Restaurants received a Petition for a Routine Variance for Paragraph 4-301.12(A), 2009 FDA Food Code, subsection 61C-4.010(5), F.A.C., Subparagraph 3-305.11(A)(2), 2009 FDA Food Code, and subsection 61C-4.010(1), F.A.C., from Wagon Wheel Flea Market Snack Bar #7 located in Pinellas Park. The above referenced F.A.C. addresses the requirement that each establishment dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided, and that each establishment have areas for food preparation and storage. They are requesting to share the dishwashing, food preparation and food storage areas with another licensed food service establishment under the same ownership and on the same premises.

The Petition for this variance was published in Vol. 41, No. 94, F.A.R., on May 14, 2015. The Order for this Petition was signed and approved on June 2, 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 that the dishwashing, food preparation and food storage areas within Wagon Wheel Snack Bar (NOS6201059) must be maintained in a clean and sanitary manner. These areas must also be available to Wagon Wheel Flea Market Snack Bar #7 during all hours of operation. If the ownership of Wagon Wheel Snack Bar and Wagon Wheel Flea Market Snack Bar #7 (David Huntly) changes, a signed agreement between the two establishments for the use of the shared facilities 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.