on December 23, 2019, an order was issued in response to a petition for a variance filed on September 25, 2019, by Timothy Gill, Director of Foodservice Operations, representing Sushi with Gusto. Petitioner sought a variance from certain provisions ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-11.003Food Hygiene Standards

The Department of Health hereby gives notice: on December 23, 2019, an order was issued in response to a petition for a variance filed on September 25, 2019, by Timothy Gill, Director of Foodservice Operations, representing Sushi with Gusto. Petitioner sought a variance from certain provisions of the Food and Drug Administration 2013 Food Code as incorporated by reference in subsection 64E-11.003(2), Florida Administrative Code, requiring all time/temperature control foods to be kept at 41 degrees Fahrenheit (°F) or below or 135 °F or above, except during necessary periods of preparation and storage. Notice of the petition was published in the October 7, 2019, volume 45, number 195 edition of the Florida Administrative Register.

The Department found that the Petitioner failed to demonstrate that the they would experience a substantial hardship or that the principles of fairness would be violated if required to adhere to the requirements of the rule. Therefore, pursuant to the requirements of subsection 120.542(2), Florida Statutes, the Department DENIED Petitioner's request for a variance.

A copy of the Order or additional information may be obtained by contacting: Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399-1703.