The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants on January 4, 2011 hereby gives notice:
The Department received a Petition for a Routine Variance on November 17, 2010 for Section 4-101.111, 2001 Food Code, Section 4-801.11, 2001 FDA Food Code, and subsection 61C-4.010(5), Florida Administrative Code, from Walt Disney World Resort and Disney’s Vero Beach Resort located in Lake Buena Vista and Vero Beach. The above referenced F.A.C. addresses requirement that nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent, and smooth material and linens be free from food residue. They are requesting to utilize multiuse linen cloths and single-use disposable cloths as a slip-resistant base under cutting boards.
The initial petition was published in Vol. 36, No. 49 on December 10, 2010. 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 that all personnel adhere to the operational standards as prescribed in Disney’s Guidelines for Cutting Board Food Safety. Specifically, the multiuse linen towel and disposable towel are to be utilized under cutting boards solely to prevent safety hazards related to slippage and movement while in use. The towels may not be used as a food-contact surface. If the Guidelines for Cutting Board Food Safety is updated, a copy of the revised guideline is to be provided to the division 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.