The Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On June 23, 2011, the Department received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Paragraph 5-202.11(A), 2001 FDA Food Code, subsection 61C-1.004(1), Florida Administrative Code, Paragraph 4-301.12(A), 2001 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code, from Tacos Y’all located in Destin, FL. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport water and wastewater; an area for food preparation, and dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils. They are requesting to utilize holding tanks to provide potable water and to collect wastewater and to share warewashing and food preparation areas with a licensed establishment under the same ownership.
The Petition for this variance was published in Vol. 37, No. 28 on July 15, 2011. The Order for this Petition was signed on July 21, 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 wastewater holding tanks 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 food preparation and warewashing areas within the Tacos Y’all mobile food dispensing vehicle 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 owner of either of the Tacos Y’all establishments changes, the division must be notified immediately and provided with a signed agreement for use of the food preparation and warewashing areas in the mobile food dispensing vehicle.
A copy of the Order or additional information may be obtained by contacting:
Lydia.Gonzalez@DBPR.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.