NOTICE IS HEREBY GIVEN that on April 09, 2009, the Florida Department of Business and Professional Regulations, Division of Hotels and Restaurants has issued an order.
On March 11, 2009, the Department received a Petition for an Emergency Variance for Subparagraph 3-305.11(A)(2), 2001 FDA Food Code, Paragraph 3-305.14, 2001 FDA Food Code, Paragraph 6-202.15, 2001 FDA Food Code, Paragraph 6-202.16, 2001 FDA Food Code, subsections 61C-4.010(1) and 61C-4.010(6), Florida Administrative Code, from Coney Island Express located in Orange City. The above referenced F.A.C. addresses the service of open, bulk food from an open-air Mobile Food Dispensing Vehicle. They are requesting to dispense bulk potentially hazardous foods other than frankfurters from an open air mobile food dispensing vehicle.
Notice of this petition was filed and published in Vol. 35, No. 14, April 10, 2009 of the Florida Administrative Weekly. The variance was approved on April 9, 2009, 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 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; and steam table food is to be dispensed by the operator with no customer self-service; and the three-compartment sink is to be disabled and not utilized for dishwashing. The optional grill (if installed) may not be used to reheat food for hot holding. The Petitioner shall strictly adhere to the operating procedures and copies of the variance and operating procedures are to be present on the MFDV during all periods of operation. Any violation of the variance 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, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.