On July 12, 2012 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Subparagraph 61C-1.004(2)(a), Florida Administrative Code, Paragraph 61C-4.010(7), ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-1.004: General Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice on July 12, 2012, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraphs 61C-1.004(1)(a), (2)(a), subsections 61C-4.010(6), (7), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code, and Section 5-203.13, 2001 FDA Food Code from The Wild Greens Café (formerly the Marinated Mushroom) located in Tallahassee, FL. The above referenced F.A.C. addresses that each establishment must have at least one accessible bathroom for use by customers and employees and at least one service sink for the cleaning of mops or similar cleaning tools and the disposal of mop water. They are requesting to share bathroom and mop sink areas located within Bread and Roses Food Cooperative (Firm #339678).

The Petition for this variance was published in Vol. 38, No. 30 on July 27, 2012. The Order for this Petition was signed on August 1, 2012, 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 that the mop sink and bathroom areas within the Bread and Roses Cooperative Exchange (Firm #339678) are maintained in a clean and sanitary manner, all sinks are provided with hot and cold running water under pressure and available during all hours of operation. The Petitioner shall also ensure the bathrooms located within Bread and Roses Cooperative are provided with soap, approved hand drying devices, and directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Bread and Roses Cooperative changes, an updated signed agreement for use of all facilities is required immediately.

A copy of the Order or additional information may be obtained by contacting: Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, FL 32399-1011, Lydia.Gonzalez @dbpr.state.fl.us.