On July 18, 2014 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 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 July 18, 2014, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, and paragraph 61C-1.004(2)(a), F.A.C., from Ramo’s Dog & Beer Shack located in Ellenton. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport potable water and wastewater, facilities for manually washing, rinsing and sanitizing equipment and utensils, and at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water. They are requesting to install holding tanks at a portable handwash sink and share warewashing and mop sink areas with another licensed food service establishment under the same ownership and on the same premise.

The Petition for this variance was published in Vol. 40, No. 145, F.A.R., on July 28, 2014. The Order for this Petition was signed and approved on August 4, 2014. 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 is emptied at a frequency as to not create a sanitary nuisance; potable water provided must come from an approved source and be protected from contamination during handling. The Petitioner shall also ensure the handwash, 3-compartment and mop sinks are provided with hot and cold running water under pressure; the handwash sink must be provided with soap, an approved hand drying device and a handwashing sign. The Petitioner shall also ensure that the three-compartment sink and mop sink areas within Ramo’s Deli (NOS5104451) are maintained in a clean and sanitary manner and are available during all hours of operation. If the ownership of Ramo’s Deli (NOS5104451, ABA E CIG, Inc.) changes, a signed agreement for use of the shared facilities is required 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.