Notice of Variances and Waivers

Division of Hotels and Restaurants
Rule No. : RULE TITLE :
61C-4.010: Sanitation and Safety Requirements
The Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
That on April 12, 2011 the Department received a Petition for an Emergency Variance for subsection 61C-4.010(6), Florida Administrative Code, and Section 6-201.18, 2001 FDA Food Code from Jumpy Kangaroo located in Miami. 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 studs, joists or rafters in food preparation, dishwashing and food storage areas.
The Petition was published in Vol. 37/16 on April 22, 2011. The Order for this Petition was signed on April 28, 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 maintaining a routine cleaning regimen 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 also notify the Division immediately if the ownership, operation or menu of this establishment changes.
A copy of the Order or additional information may be obtained by contacting:, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.