On May 20, 2011, the Department received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2001 FDA Food Code, Subparagraph 3-305.11(A)(2), 2001 FDA Food Code, subsection 61C-4....

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-4.010: Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On May 20, 2011, the Department received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2001 FDA Food Code, Subparagraph 3-305.11(A)(2), 2001 FDA Food Code, subsection 61C-4.010(1), Florida Administrative Code, from Palm Beach Zoo Dippin’ Dots, West Palm Beach, FL. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport water and wastewater and that food must be properly stored in a licensed establishment. They are requesting to install potable and wastewater holding tanks at the three-compartment and handwash sinks and share the food storage area located within another nearby licensed establishment under the same ownership.
The Petition was published in Vol. 37, No. 22, June 3, 2011. The Order for this Petition was signed on June 10, 2011, and 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 tanks for the handwash and three-compartment sinks are emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure that the handwash sink is provided with hot and cold running water under pressure, soap, an approved hand drying device and a handwashing sign. The Petitioner shall also ensure the storage area located within Tropics Café (license number SEA6013501) is kept clean and stored food may not be exposed to splash, dust, or other contamination. If the ownership of Tropics Café changes, a signed agreement for the shared use of this establishment 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.