Notice of Variances and Waivers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-4.010: Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on January 14, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants received a Routine Variance from subsection 61C-4.010(6), Florida Administrative Code (F.A.C.), for P.J.’s Seafood Restaurant located in Indian Rocks Beach. The above referenced F.A.C. references the provisions of Chapter 6, 2001 Federal Drug Administration Food Code, which prohibits live animals on the premises of a food service establishment. Specifically, the Petitioner requests a variance from the prohibition of animals on the premise in order to have a caged parrot inside the building.
This variance request was approved on January 14, 2009 contingent upon the Petitioner ensuring the parrot will not contaminate, either directly or indirectly, food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles. The public will be prohibited from direct contact with the parrot. No other prohibited animals will be allowed on the premise. The display enclosure will be maintained clean, in good repair and exhausted to the outside air. Any violation of the variance is the equivalent of a violation of the Rule and may result in a rescission of the variance and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: Rhonda.Steele@dbpr.state.fl.us.