an Emergency Variance for subsection 61C-4.0101(1) and 61C-4.010(6), Florida Administrative Code, from RC Catering located in Orlando. The above referenced F.A.C. addresses food supplies, food protection, and physical facilities-except as ...

 

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 May 8, 2007, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for subsection 61C-4.0101(1) and 61C-4.010(6), Florida Administrative Code, from RC Catering located in Orlando. The above referenced F.A.C. addresses 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 request was denied May 25, 2007, because the Petitioner failed to provide complete operating procedures. The operating procedures provided failed to adequately address re-heating, minimum and maximum temperatures that food will be held, and training programs used for employee and manager certification. Granting this variance in its current format would create an undesirable precedent, upon which all MFDVs 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. Petitioner has not provided any further information. Based on the foregoing, the Division concludes that the Petitioner’s request for variance fails to meet the burden of demonstrating that required safety and sanitation safeguards have otherwise been met.

To obtain a copy of the denied variance you may contact [e-mail].