The Department received a Petition on July 30, 2009 for an Emergency Variance for subsection 61C-4.010(5), Florida Administrative Code, Paragraph 4-301.12(A), 2001 FDA Food Code, Section 509.221(1)(b), Florida Statutes, subsection 61C-1.004(1) and ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

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

NOTICE IS HEREBY GIVEN that on August 05, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition on July 30, 2009 for an Emergency Variance for subsection 61C-4.010(5), Florida Administrative Code, Paragraph 4-301.12(A), 2001 FDA Food Code, Section 509.221(1)(b), Florida Statutes, subsection 61C-1.004(1) and paragraph 61C-1.004(1)(d), Florida Administrative Code, and Paragraph 5-202.11(A), 2001 FDA Food Code from Cantina located in Lake Buena Vista. The above referenced F.A.C. addresses the requirement that each establishment have facilities for washing, rinsing and sanitizing dishes and utensils and requirement that each establishment must discharge sewage into an approved collection system and have an approved plumbing system installed. They are requesting to utilize the dishwashing facilities located within another licensed establishment and use holding tanks to provide potable water and to collect waste water at the hand wash sink.
The variance request was published in Vol. 35, No. 32, August 14, 2009, and approved contingent upon the Petitioner ensuring the three-compartment sink located within San Angel Inn Restaurant and Lounge and hand wash sink in the temporary Cantina are maintained in a clean and sanitary manner and provided with hot and cold running water under pressure and available during all hours of operation. The waste water holding tanks must be emptied at a frequency as to not create a sanitary nuisance; and the potable water provided must come from an approved source and be protected from contamination during handling. If the owner of San Angel Inn Restaurant and Lounge (San Angel Inn LLC) changes, an updated signed agreement for use of the three-compartment sink is required immediately. Any violation of the variance is the equivalent of a violation of the Rule and may result in a rescission of the variance and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.