On August 21, 2017 the Division of Hotels and Restaurants received a Petition for a Routine Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-203.13, 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 August 21, 2017, the Division of Hotels and Restaurants received a Petition for a Routine Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-203.13, 2009 FDA Food Code, Paragraph 4-301.12(A), 2009 FDA Food Code, subsection 61C-4.10(5), Florida Administrative Code, from Da Kine Poke LLC located in Orlando. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water and dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to share the mop sink and warewashing located on the premises of a nearby business under a different ownership.

The Petition for this variance was published in Vol. 43/163 on August 21, 2017. The Order for this Petition was signed and approved on September 7, 2017. 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 mop sink and warewashing facilities located on the premises of Franks and Steins LLC, 150 S Magnolia Ave., Suite 101E, Orlando, FL 32801 is maintained in a clean and sanitary manner and is provided with hot and cold running water under pressure. If the ownership of Da Kine Poke (Da Kine Polk LLC) and/or Franks and Steins (Franks and Steins LLC) changes, a signed agreement for use of the mop sink and warewashing is required immediately.

A copy of the Order or additional information may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.