The Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
That on March 24, 2011 the Department received a Petition for a Routine Variance for Paragraph 4-301.12(A), 2001 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code, from OPKC Ice Cream Stand located in Orange Park. The above referenced F.A.C. addresses the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to utilize dishwashing facilities located within another licensed establishment under the same ownership.
The Petition was published in Vol. 37/14 on April 8, 2011. The Order for this Petition was signed on April 26, 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 three-compartment sink area located within the OPKC Snack Bars # 8 & 11 (NOST2000019) is maintained in a clean and sanitary manner and all sinks are provided with hot and cold running water under pressure and available during all hours of operation. If the owner of the OPKC Snack Bars # 8 & 11 (NOST2000019) changes, an updated agreement must 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.