Notice of Variances and Waivers

Division of Hotels and Restaurants
61C-4.010: Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on November 17, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition on November 13, 2009 for a Routine Variance for Section 509.221(1)(b), Florida Statutes, subsection 61C-1.004(1), paragraph 61C-1.004(1)(d), Florida Administrative Code, Paragraph 5-202.11(A), 2001 FDA Food Code, Subparagraph 3-305.11(A)(2), 2001 FDA Food Code, Paragraph 3-305.14, 2001 FDA Food Code, Paragraph 6-202.15, 2001 FDA Food Code, Paragraph 6-202.16, 2001 FDA Food Code, subsections 61C-4.010(1), (5), (6), Florida Administrative Code, Paragraph 4-702.11, 2001 FDA Food Code, Paragraph 5-103.11(A)(B), 2001 FDA Food Code, subsection 61C-1.004(3), Florida Administrative Code, Paragraph 6-501.111, 2001 FDA Food Code from Mojito Grill, Miami, FL. The above referenced F.A.C., addresses the requirement that sewage shall be disposed of in a public sewage system or other approved sewage system, effective control measures shall be taken to protect against entrance of pests and physical facilities must meet Chapter 6, Food Code, as adopted by reference. They are requesting to utilize holding tanks for potable and waste water, conduct food preparation and warewashing in an open air food service establishment not protected against environmental contaminants.
The variance request was published in Vol. 35, No. 47, 11/25/09 and is contingent upon the Petitioner using a wastewater tank sized at least 15% larger in capacity than the potable water tank. The wastewater holding tank must be serviced in a timely manner so as not to create a sanitary nuisance. The water source and hot water shall be of sufficient capacity to meet the peak demands of the food service establishment. During preparation, unpackaged/displayed food shall be protected from environmental sources of contamination and customers by way of sneeze guards. Roll down shutters will enclose the premises when not in operation or during inclement weather. Utensils and food contact surfaces shall be cleaned and sanitized to sight and touch prior to opening each day. Floors, roll down shutters and ceiling shall be maintained clean, free of dust and debris. Insects, rodents and other pests shall be effectively controlled. 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:, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.