Notice of Variances and Waivers

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 November 25, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition on November 12, 2009, for an Emergency Variance for Paragraph 4-301.12(A), 2001 FDA Food Code, Paragraph 5-204.11(A), 2001 FDA Food Code, paragraph 61C-1.004(1)(d), Florida Administrative Code, Paragraph 5-202.11(A), 2001 FDA Food Code, Subparagraph 3-305.11(A)(2), 2001 FDA Food Code, Section 5-203.13, 2001 FDA Food Code, subsections 61C-4.010(1), (5), and 61C-1.004(1), Florida Administrative Code, from BBQ Food West located in Orlando. The above referenced F.A.C. addresses the requirements that each establishment have facilities for washing, rinsing and sanitizing dishes and utensils; an area for food preparation that has a conveniently located hand wash sink; discharge sewage into an approved collection system; an approved plumbing system installed; and that food must be properly stored in a licensed establishment. They are requesting to install potable and waste water holding tanks and share warewashing, food preparation and food storage areas, and mop wash facilities with another licensed public food service establishment.
The variance request was published in Vol. 35, No. 48, 12/4/09, contingent upon the petitioner ensuring the dishwashing facility, mop sink and hand wash sink located within Orlando FoodService Partners-Main Kitchen 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 same requirement applies to the hand sink located in BBQ Food East. 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. ensure food is stored protected from contamination and that all food-contact surfaces are washed, rinsed and sanitized before use. If the owner of Orlando FoodService Partners-Main Kitchen changes, an updated signed agreement for use of the dishwashing facility, mop sink, and food preparation and food storage areas is required immediately.
A copy of the Order may be obtained by contacting: Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.