The Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
That on April 6, 2011 the Department received a Petition for a Routine Variance for subsection 61C-4.010(6), Florida Administrative Code and Section 6-201.18, 2001 FDA Food Code from Levans Catering located in Winter Springs. The above referenced F.A.C. addresses the requirement that studs, joists and rafters may not be exposed in areas subject to moisture. They are requesting to have exposed rafters throughout the food service establishment in areas of moisture.
The Petition was published in Vol. 37, No. 16 on April 22, 2011. The Order for this Petition was signed on May 9, 2011 and after a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring that a routine cleaning regimen is maintained to preclude the accumulation of dust, dirt or other debris on the ceiling that could cross contaminate food or food-contact surfaces. The Petitioner shall notify the Division immediately if the ownership or operation of this establishment changes.
A copy of the Order or additional information may be obtained by contacting:
Lydia.Gonzalez@DBPR.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.