On May 30, 2019 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code, Paragraph 61C-4.010(5), Florida Administrative Code from HSI MCA FLL FB LLC located in Fort ...

 

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 30, 2019 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2009 FDA Food Code, subsection 61C-4.010(5), Florida Administrative Code, from HSI MCA FLL FB LLC located in Fort Lauderdale. The above referenced F.A.C. addresses the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to share the dishwashing facilities with another food service establishment under the same ownership and on the same premise.

The Petition for this variance was published in Vol. 45/106 on May 31, 2019. The Order for this Petition was signed and approved on June 06, 2019. 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 dishwashing facility within Flash Fire Pizza (file#318905) must be maintained in a clean and sanitary manner. These areas must also be available to Shake Shack during all hours of operation. If the ownership of Shake Shack ( HSI MCA FLL FB LLC) and Flash Fire Pizza (HSI MCA FLL FB LLC) 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, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.