Notice of Variances and Waivers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-4.010: Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on June 12, 2009, the orida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
On May 18, 2009, an Emergency Variance request from paragraph 61C-5.001(1)(a), F.A.C. Paragraph 4-301.12(A), 2001 FDA Food Code from The Beer Garden located in Jacksonville. The above referenced F.A.C. addresses the requirement that each establishment provide facilities to properly wash, rinse, and sanitize equipment and utensils. Specifically, the Petitioner requests to share the three-compartment sink located within a nearby licensed establishment under the same ownership and within the same flea market. The variance request was published in Vol. 35, No. 21, May 29, 2009, of the Florida Administrative Weekly.
The order was approved and is contingent upon the Petitioner ensuring the three-compartment sink located within the Market Place (Snack Bar) #3 food service is maintained in a clean and sanitary manner and is provided with hot and cold running water under pressure and available during all hours of operation. If the owner of the Market Place (Snack Bar) #3 food service changes, a signed agreement for use of the three-compartment sink is required immediately. 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, FL 32399-1011.