Notice of Variances and Waivers

Division of Hotels and Restaurants
61C-4.010: Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on August 27, 2010, the Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Routine Variance petition on August 6, 2010 for Paragraph 6-501.115(A), 2001 FDA Food Code and subsection 61C-4.010(6), Florida Administrative Code, from Crabs located in Gulf Breeze. The above referenced F.A.C. addresses the requirement 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 forty live hermit crabs on the premise from March 1st through September 30th each year.
The initial petition was published in Vol. 36, No. 34 on August 27, 2010. 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 facility. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating the underlying statute has been achieved by ensuring the hermit crabs will not contaminate, either directly or indirectly, food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles. The hermit crabs will only be handled by a contract vendor and will only be on the premise from March 1 through September 30 each year. No other prohibited animal will be allowed on the premise. For the foregoing reasons and the aforesaid restrictions, the Division grants the variance because it will not cause any cross contamination.
A copy of the Order may be obtained by contacting:, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.