NOTICE IS HEREBY GIVEN that on January 08, 2009, the Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition for a Routine Variance request for subsections 61C-4.0101(1) and 61C-4.010(6), Florida Administrative Code, from Three Sisters Food Service located in Ft. Myers. The above referenced F.A.C. addresses food supplies, food protection, and physical facilities-except as specifically provided in this rule, public food service establishments shall be subject to the provisions of Chapter 3 and Chapter 6 of the 2001 FDA Food Code. Specifically, Petitioner requests to dispense bulk potentially hazardous foods other than frankfurters from an open air mobile food dispensing vehicle.
This variance request was approved contingent upon the Petitioner ensuring that each pan within the steam table is properly covered with an individual lid, the steam table is enclosed within a cabinet with tight-fitting doors and protected by an air curtain installed and operated according to manufacturer’s specifications that protects against flying vermin or other environmental contaminants; all steam table foods must be properly reheated for hot holding at approved commissaries per the parameters of the currently adopted FDA Food Code, and held hot at the proper minimum temperature per the parameters of the currently adopted FDA Food Code; food may only be dispensed from the unit, not assemble; and steam table food is to be dispensed by the operator with no customer self-service.
The Petitioner shall strictly adhere to the operating procedures submitted and copies of the variance and operating procedures are to be present on the MFDV during all periods of operation and shall be adhered to as approved by the Division. Any violation of the variance or operating procedures is the equivalent of a violation of the Rule and may result in a rescission of the variance, and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: Rhonda.Steele@DBPR.state.fl.us.