NOTICE IS HEREBY GIVEN that on December 8, 2005, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for subsections 61C-4.0101(1) and 61C-4.010(6), F.A.C., from Rafael’s Fast Food located in Orlando. The above ...  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    NOTICE IS HEREBY GIVEN that on December 8, 2005, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for subsections 61C-4.0101(1) and 61C-4.010(6), F.A.C., from Rafael’s Fast Food located in Orlando. The above referenced Florida Administrative Codes address food supplies, food protection, and physical facilities-except as specifically provided in this rule, public food service establishments shall be subject to the provisions of chapter three and chapter six of the FDA Food Code. They are requesting to do open air food service on a Mobile Food Dispensing Vehicle. This variance requested was denied January 6, 2006, because the Petitioner failed to contact the Division regarding deficiencies in the submitted variance application that consists of: no written request for variance, incomplete operating procedures, and no updated drawings of the Mobile Food Dispensing Vehicle (MFDV). Granting this variance in its current format would create an undesirable precedent, upon which all MFDV’s could claim a variance. Granting this variance would be inconsistent with the principles of public safety and sanitation articulated in Section 509.032(e)(1), F.S., for public food service establishments enforced by this Division.

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