On June 10, 2016 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Section 5-203.13, 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 10, 2016, the Division of Hotels and Restaurants received a Petition for a Routine Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Section 5-203.13, 2009 FDA Food Code, paragraph 61C-1.004(2)(a), Florida Administrative Code, subsection 61C-4.010(7), Florida Administrative Code, subsection 61C-4.010(6), Florida Administrative Code, Section 6-402.11, 2009 FDA Food Code from Don’s Dogs & More located in Tarpon Springs. The above referenced F.A.C. addresses Tarpon Springs. They are requesting to utilize holding tanks to provide potable water and to collect wastewater at the handwashing and three compartment sinks, and to share mopsink and to share bathroom facilities for use by both customers and employees, located within an adjacent business under a different ownership.

The Petition for this variance was published in Vol. 42, No. 117, F.A.R., on June 16, 2016. The Order for this Petition was signed and approved on July 6, 2016. 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 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 all handwash sinks used by employees are provided with a handwash sign, soap and approved hand drying devices. All sinks must also be provided with hot and cold running water under pressure. The mop sink and bathroom facilities within Lowes must be maintained in a clean and sanitary manner. All of these facilities must be available to Don's Dogs & More during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Lowes of Tarpon Springs changes, an updated, signed agreement between the 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 Rd., Tallahassee, Florida 32399-1011.