The Department received a Petition for an Emergency Variance on November 5, 2010 for subsection 61C-4.010(6), Florida Administrative Code and Section 6-201.18, 2001 FDA Food Code, Subparagraph 6-101.11 (A)(1) & (3), 2001 FDA Food Code, Paragraph 6-...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

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

NOTICE IS HEREBY GIVEN that on November 30, 2010, the Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition for an Emergency Variance on November 5, 2010 for subsection 61C-4.010(6), Florida Administrative Code and Section 6-201.18, 2001 FDA Food Code, Subparagraph 6-101.11 (A)(1) & (3), 2001 FDA Food Code, Paragraph 6-201.11, 2001 FDA Food Code from Zoinks Kidstation, Tallahassee, FL. The above referenced F.A.C. addresses that studs, joist and rafters may not be exposed in areas subject to moisture and that ceilings must be smooth, nonabsorbent and easily cleanable in areas subject to moisture. They are requesting to operate with exposed studs, joists or rafters in the kitchen and utilize a ceiling that is not smooth and easily cleanable.
The Petition was published in Vol. 36, No. 47 on 11/24/10 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 there is a cleaning regimen to preclude the accumulation of dust, dirt and other debris on the ceiling that could cross contaminate the food and food-contact surfaces. Also, that the current menu (consisting of drinks and precooked pizzas) does not change. If changes to the menu occur, the Petitioner shall notify the Division immediately.
A copy of the Order may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.