NOTICE IS HEREBY GIVEN that on December 21, 2010, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, received a petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code, Section 5-203.13, 2001 FDA Food Code and subsections 61C-4.010(6), (7), Florida Administrative Code, from Ocean Ave. Green Market 2 located in Boynton Beach, FL. The above referenced F.A.C. addresses the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water and that at least one accessible bathroom is provided for use by customers. They are requesting to share mop sink and bathrooms for customers only located within another establishment under the same ownership.
The Petition was published in Vol. 37, No. 1 on January 7, 2011, and 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 mop sink and bathroom facilities located within Ocean Avenue Green Market (SEA6019753) are maintained in a clean and sanitary manner and all sinks are provided with running water under pressure and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the hours of operation or ownership the Ocean Avenue Green Market (SEA6019753) changes, an updated signed agreement for use of the mop sink and bathroom facilities is required immediately.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.