Notice of Variances and Waivers
Rule No. : RULE TITLE : 61C-1.004
: General Sanitation and Safety Requirements
The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
That on January 14, 2011, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants received a Petition for a Routine Variance on December 10, 2010 for paragraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2001 FDA Food Code from Curbside Cafe located in Boca Raton. The above referenced F.A.C. addresses the requirement that each establishment have an approved plumbing system installed to transport water and wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater.
The Petition was published in Vol. 36/52 on December 30, 2010 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 wastewater holding tank for the three-compartment and handwash sinks are emptied at a frequency as to not create a sanitary nuisance; and potable water provided must come from an approved source and be protected from contamination during handling. Petitioner shall also ensure that the three-compartment and handwash sinks are provided with hot and cold running water under pressure; and the handwash sink is provided with soap, approved hand drying devices and a handwashing sign.
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