an Emergency Variance for Chapter 61C-4.0101(1) and 61C-4.010(6) Florida Administrative Codes from Chely’s Catering located in Orlando. The above referenced Florida Administrative Codes address food supplies, food protection, and physical ...
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and RestaurantsNOTICE IS HEREBY GIVEN that on March 30, 2006 the Division of Hotels and Restaurants, received a petition for an Emergency Variance for Chapter 61C-4.0101(1) and 61C-4.010(6) Florida Administrative Codes from Chely’s Catering 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 on April 26, 2006, for the reason that the Petitioner provided an addendum on April 20, 2006, with insufficient information regarding deficiencies in the submitted variance application. The information provided was insufficient and in direct violation of the 2001 FDA Food Code in explaining how food out of temperature would be corrected and how food would be re-heated prior to being offered for public consumption. 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.
