NOTICE IS HEREBY GIVEN that on October 20, 2010, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition for an Emergency Variance on October 8, 2010 for Paragraph 4-301.12(A), 2001 FDA Food Code and subsection 61C-4.010(5), paragraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-203.13, 2001 FDA Food Code and Paragraph 5-202.11(A), 2001 FDA Food Code from Hot Dog @ 329 & 304, Miami, FL. The above referenced F.A.C. addresses the requirements The requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. 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. The requirement that each establishment have an approved plumbing system installed to transport wastewater. They are requesting to share the dishwashing facility and mop sink located in another establishment at the same location and under the same ownership and to utilize holding tanks for potable and waste water at the hand sink.
The initial petition posted in Vol. 36, No. 42 on October 22, 2010. 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 facility. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating the underlying statute has been achieved by ensuring the dishwashing facility and mop sink located within AmericanAirlines Arena Main Kitchen are maintained in a clean and sanitary manner and provided with hot and cold running water under pressure and are available during all hours of operation. If the hours of operation or ownership of AmericanAirlines Arena Main Kitchen changes, a signed agreement for use of the dishwashing facility and mop sink is required immediately. The Petitioner shall also ensure the wastewater holding tanks for the handwash 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.
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.