On August 31, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2009 FDA Food Code, Paragraph 61C-4.010(7) Florida ...

 

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 31, 2015, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), F.A.C., Section 5-203.13, 2009 FDA Food Code, subsection 61C-4.010(7), F.A.C., and subsection 61C-4.010(6), F.A.C., from EMKO located in West Palm Beach. 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 one accessible bathroom be provided for use by customers. They are requesting to share the mop sink and bathrooms for use by customers only located within an adjacent establishment under the same ownership.

The Petition for this variance was published in Vol. 41, No. 177, F.A.R., on September 11, 2015. The Order for this Petition was signed and approved on September 22, 2015. 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 bathrooms located within Jereve - the Culinary Studio at EMKO are maintained in a clean and sanitary manner; the mop sink is provided with hot and cold running water under pressure; the bathrooms are provided with cold running water under pressure, soap, approved hand drying devices, and both the mop sink and bathrooms are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Jereve - the Culinary Studio at EMKO (LMAL Management LLC) changes, a signed agreement for use of the bathroom and mop sink 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.