NOTICE IS HEREBY GIVEN that on July 13, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
A Routine Variance request was received from the Department on May 8, 2009, from subsection 61C-4.010(5), F.A.C., Paragraph 4-301.12(A), 2001 FDA Food Code from DK Fresh To Go located in Ft. Lauderdale, FL. The above referenced F.A.C. addresses the requirement to provide warewashing facilities within the food service establishment. They are requesting to share warewashing facilities located within a nearby licensed establishment under the same ownership.
The variance was published in Vol. 35, No. 29 – 7/24/09 and approved contingent upon the Petitioner ensuring the three-compartment sink located within Commercial Point Cafe 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. A sufficient supply of clean utensils must be maintained for use within the food service establishment during all business hours and the food handling and preparation procedures must remain minimal as described in the variance request. Transported utensils must be properly protected to maintain their sanitary condition and the operator must adhere to the description and handling procedures provided. If the ownership of the Commercial Point Café or DK Fresh To Go changes or the menu or utensil handling procedure changes, the operator must immediately advise the division in writing so the variance can be readdressed. This variance is not transferable under any conditions. 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.