On November 07, 2012 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 6-501.115(A), 2001 FDA Food Code and Paragraph 61C-4.010(6), Florida Administrative Code from MASA Restaurant located in Naples. ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-4.010: Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On November 7, 2012 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 6-501.115(A), 2001 FDA Food Code and Paragraph 61C-4.010(6), Florida Administrative Code from MASA Restaurant located in Naples. The above referenced F.A.C. addresses the requirement that live animals are not allowed on the premise of a public food service establishment except as specifically provided in rule. They are requesting to have a bird on the premise.
The Petition for this variance was published in Vol. 38/72 on November 15, 2012. The Order for this Petition was signed on November 21, 2012 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 bird will not contaminate, either directly or indirectly, food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles. The public and food service employees are prohibited from direct contact with the bird. No other prohibited animals are allowed on the premise. The display and night areas will be maintained in good repair and clean in accordance with veterinarian’s recommendations to preclude the accumulation of dried droppings. The Petitioner shall also have the responsibility to monitor the bird’s health and behavior. In addition to routine medical care, if any signs of illness are observed, the bird must be evaluated by a veterinarian.
A copy of the Order or additional information may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.