Notice of Variances and Waivers

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:
That on December 6, 2010, the Department received a Petition for a Routine Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-203.13, 2001 FDA Food Code, Paragraph 4-301.12(A), 2001 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code, from Cappuccino Etc, Wellington, FL. The above referenced F.A.C. addresses the requirements 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 that dishwashing facilities are provided for manually washing, rinsing and sanitizing equipment and utensils. They are requesting to share the mop sink, three-compartment sink and food preparation area located within Wellington Regional Hospital’s main kitchen. The Petition was published in Vol. 37, No. 1 on January 7, 2011.
The Order for this Petition was signed on January 24, 2011 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 the three-compartment sink, mop sink and food preparation area located within the Wellington Regional Hospital main kitchen are maintained in a clean and sanitary manner and all sinks are provided with hot and cold running water under pressure and available during all hours of operation. If the ownership of the Wellington Regional Hospital (Wellington Regional Hospital, Inc.) changes, an updated signed agreement for use of the three-compartment sink, mop sink and food preparation area is required immediately.
A copy of the Order or additional information may be obtained by contacting:, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.