Violation Code: 51-34-1

Category: Other conditions sanitary and safe operation
Basic

Resumed operations after emergency situation without approval.

Description

Establishment opened and started serving food to the public after being closed due to an emergency situation without approval from the Division of Hotels and Restaurants.

Legal Reference

8-404.11(A)(B) and (C)(1) FC: (A) Except as specified in (B) and (C) of this section, a permit holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health. (B) A permit holder need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard. (C) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to continuing operations in the event of an extended interruption of electrical or water service if: (1) A written emergency operating plan has been approved; 8-404.11(C)(2) FC: (C) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to continuing operations in the event of an extended interruption of electrical or water service if: (2) Immediate corrective action is taken to eliminate, prevent, or control any food safety risk and imminent health hazards associated with the electrical or water service interruption; 8-404.11(C)(3) FC: (C) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to continuing operations in the event of an extended interruption of electrical or water service if: (3) The regulatory authority is informed upon implementation of the written emergency operating plan. 61C-4.010(1)(b) FAC and 8-404.11(A) FC: 61C-4.010(1)(b) In the event of an emergency such as a fire, flood, power outage, or similar event that might result in the contamination of food or that might prevent potentially hazardous food from being held at safe temperatures, the person in charge shall immediately notify the division. 8-404.11(A) Except as specified in paragraph (B) and (C) of this section, a permit holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstances that may endanger public health. 8-404.12 FC: If operations are discontinued as specified under Section 8-404.11 or otherwise according to law, the permit holder shall obtain approval from the regulatory authority before resuming operations.

Locations with This Violation (0 shown, 0 total)

No locations found with this violation code.