Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 31 - Alaska Food Code
Article 9 - Compliance Procedures and General Provisions
18 AAC 31.930 - Variance from requirements

Universal Citation: 18 AK Admin Code 18 AAC 31.930

Current through August 30, 2024

(a) Except for a fee required by 18 AAC 31.050, the department will grant a variance from a requirement of this chapter if the department finds that public health is protected and the purpose of the requirement is otherwise satisfied.

(b) An application for a variance must be submitted in writing to the department, on a form supplied by the department, and must

(1) specify the requirement for which the variance is sought;

(2) state the reason why the requirement cannot be met; and

(3) describe the alternate method proposed to meet the purpose of the requirement.

(c) The department may grant a variance application with or without conditions.

(d) A variance granted under this section is valid only if the operator complies with the terms agreed upon in the variance. A variance may not be transferred.

Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.930, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.

Authority:AS 17.20.005

AS 17.20.010

AS 17.20.020

AS 17.20.072

AS 17.20.180

AS 44.46.020

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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