The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants on December 23, 2010 hereby gives notice:
The Department of Business and Profesional Regulaion, Division of Hotels and Restaurants has issued an order. The Department received a Petition for a Routine Variance on November 15, 2010 for Paragraph 4-301.12(A), 2001 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code from Subway @ Lee Memorial Hospital located in Fort Myers. The above referenced F.A.C. addresses the requirements the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to share the three-compartment sink located within Lee Memorial Hospital kitchen.
The initial petition was published in Vol. 36/48 on 12/03/10. 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 dishwashing facility (including handwash sink) located within Lee Memorial Hospital Main Kitchen are maintained in a clean and sanitary manner and provided with hot and cold running water under pressure and are available during all hours of operation. If the hours of operation or ownership of Lee Memorial Hospital Main Kitchen changes, an updated signed agreement for use of the dishwashing facility is required immediately.
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.