On August 10, 2012, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.11, 2001 FDA Food Code and Paragraph 61C-4.010(5), Florida Administrative Code from Dunkin' Donuts located in Fort Myers. ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

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

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice on August 10, 2012, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.11, 2001 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code, from Dunkin’ Donuts located in Fort Myers, FL. The above referenced F.A.C. addresses the requirements that each establishment have facilities to maintain potentially hazardous food at proper temperature and that food must be properly stored in a licensed establishment. They are requesting to share cold holding facilities and food storage areas located within another permitted establishment.

The Petition for this variance was published in Vol. 38, No. 34 on August 24, 2012. The Order for this Petition was signed on August 30, 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 cold holding units within Hess are maintaining potentially hazardous foods at the proper temperature. Also the Petitioner shall ensure that the cold holding units and food storage areas are kept clean and in good repair. If the ownership of Hess changes, an updated written agreement must be provided to the Division 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.