On July 5, 2017, the Department of Health issued an order in response to a petition for a variance filed on March 10, 2017, by Johnny Velasco, REHS, CP-FS, representing Advanced Fresh Concepts Franchise Corp., regarding the "Sushi Rice and Raw ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-11.004Food Protection

The Department of Health hereby gives notice:

On July 5, 2017, the Department of Health issued an order in response to a petition for a variance filed on March 10, 2017, by Johnny Velasco, REHS, CP-FS, representing Advanced Fresh Concepts Franchise Corp., regarding the “Sushi Rice and Raw Animal Products”. Petitioner sought a variance from Rule subsections 64E-11.004(2) and (8), Florida Administrative Code, which require all potentially hazardous foods to be kept at 41 degrees Fahrenheit or below or 140 degrees Fahrenheit or above, except during necessary periods of preparation and storage, as well as, raw fish and seafood products be cooked to an internal temperature of 145 degrees Fahrenheit or above for at least 15 seconds. Notice of the petition was published in the March 24, 2017, 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 W/CONDITIONS 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.