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 May 17, 2010, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition for a Routine Variance on May 7, 2010 for subsection 61C-4.010(6), Florida Administrative Code; Paragraph 6-501.115(A), 2001 Food Code from Jimmy Buffets Margaritaville, Panama City Beach, FL. The above referenced F.A.C. addresses the requirements that live animals are not allowed on the premise of a public food service establishment except as specifically provided in rule. They are requesting to have birds outside on the premise.
The initial petition will publish in Vol. 36, No. 21 on 5/28/10 and approval was contingent upon ensuring that the parrots will have no direct or indirect contact that may contaminate food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles. No other prohibited animals will be allowed on the premise. Approval is also contingent upon the birds being located in and confined to an area where food preparation, food storage or warewashing do not occur. The birds shall be handled and cared for by nonfood employees. The area in which the birds are kept shall be kept in good repair and cleaned according to the prescribed cleaning procedures and as often as necessary to prevent any potential for cross contamination to occur.
A copy of the Order may be obtained by contacting: Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.