Notice of Variances and Waivers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-1.004: General Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on February 09, 2010, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Routine Variance request on January 20, 2010 for subsection 61C-1.004(1), F.A.C. and Section 5-203.13, 2001 FDA Food Code, Section 509.221(1)(b), Florida Statutes, paragraph 61C-1.004(1)(d), F.A.C., and Paragraph 5-202.11(A), 2001 FDA Food Code from Gelato & Such, Orlando, FL. The above referenced F.A.C. addresses the requirements that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water; that each establishment discharge sewage into an approved collection system and have an approved plumbing system installed. They are requesting to utilize a mopsink located within another licensed establishment under the same ownership and utilize holding tanks to provide potable water and collect waste water.
The initial request was published in Vol. 36, No. 6, February 12, 2010, and approval is contingent upon the petitioner ensuring the wastewater holding tanks for the three- compartment sink and hand sink are emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. The petitioner shall also ensure that the mop sink located within Wilfredo’s Italian Ristorante (SEA5803406) is maintained in a clean and sanitary manner and provided with hot and cold running water under pressure and available during all hours of operation. If the owner of either Wilfredo’s Italian Ristorante or Gelato & Such changes, the Division must be notified immediately as the conditions in this variance will need to be re-evaluated and a written agreement for the sharing of equipment must be provided 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.