On August 14, 2023, the Department of Agriculture and Consumer Services, received a petition for variance filed by Publix Supermarkets, Inc. (Petitioner). The petition related to requirements in Rule 5K-4.002, F.A.C., which ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-4.002Adoption of Federal Regulations and Other Standards

The Department of Agriculture and Consumer Services hereby gives notice:

On August 14, 2023, the Department of Agriculture and Consumer Services, received a petition for variance filed by Publix Supermarkets, Inc. (Petitioner). The petition related to requirements in Rule 5K-4.002, F.A.C., which incorporates by reference certain portions of the Food Code, including “Time as a Public Health Control” provisions. Notice of the petition was published in the Florida Administrative Register on August 30, 2023 (Vol. 49, No. 169). On September 11, 2023, the Department requested additional information regarding Petitioner's request for variance, and on November 17, 2023, Petitioner provided additional information.

On February 7, 2024, the Department issued an Order on Petitioner’s request for variance. As Petitioner had demonstrated that the purpose of underlying statute will be achieved by other means and that Petitioner would suffer a substantial hardship without the requested relief, the Order granted Petitioner’s request subject to various conditions, including compliance with all other applicable laws and rules.

A copy of the Order or additional information may be obtained by contacting: Agency Clerk, Florida Department of Agriculture and Consumer Services, 600 S. Calhoun St., Ste. 254, Tallahassee, FL 32399-0800; [e-mail].