On June 28, 2016, the Department of Health issued an order in response to a petition for a variance filed on March 7, 2016, by Peter Schmid, regarding the "Blu Sushi Express LLC." Petitioner sought a variance from Rule 64E-11.004(2)& (8), Florida ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.: RULE TITLE:

64E-11.004: Food Protection

The Department of Health hereby gives notice:

On June 28, 2016, the Department of Health issued an order in response to a petition for a variance filed on March 7, 2016, by Peter Schmid, regarding the "Blu Sushi Express LLC." Petitioner sought a variance from subsections 64E-11.004(2) and (8), Florida Administrative Code, which requires all potentially hazardous foods to be kept at safe temperatures and raw animal products to be cooked to an internal temperature of 145 degrees Fahrenheit. Notice of the petition was published in the March 15, 2016, edition of the Florida Administrative Register.

The Department found that the Petitioner demonstrated that the underlying intent of the statute could be achieved by alternative means and that strict application of the rules would create a substantial hardship in the Petitioner's particular circumstance. Therefore, pursuant to the requirements of section 120.542(2), Florida Statutes, the Department GRANTED 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