Current through 2024-38, September 18, 2024
A.
Variances. The Department may
grant a variance by modifying or waiving the requirements of Department rules,
if the Department determines that a serious health hazard will not result from
the variance.
B.
Documentation of proposed variance and justification. A person
seeking a variance of any provision of this rule is required to submit the
following information, in support of the request:
1. A statement of the proposed variance of
the requirement of the rule, citing appropriate section numbers;
2. An analysis of the rationale for how the
potential public health hazards and nuisances addressed by the rule will be
alternatively addressed by the proposal; and
3. A HACCP plan, if required, as specified
under the relevant rule, that includes the information specified under this
rule, as it is relevant to the variance requested.
C.
Conformance with approved
procedures. If the Department grants a variance as specified, the
licensee must:
1. For eating establishments:
a. Comply with the HACCP plans and procedures
that are submitted as specified under Maine Food Code, 10-144
CMR, Ch. 200, § 8-201.14 and approved as a basis for the
variance;
b. Maintain and provide
to the Department, upon request, records specified under the
Maine Food
Code, 10-144 CMR, Ch. 200, §§ 8-201.14(D) and (E), that
demonstrate that the following are routinely employed:
i. Standard operating procedures for
continuous monitoring of the critical control points;
ii. Documentation that demonstrates
continuous monitoring of the critical control points;
iii. Verification of the effectiveness of an
operation or process; and
iv.
Necessary corrective actions, if there is failure at a critical control point;
and
c. Meet all terms and
conditions of the variance.
2. For all other establishments, meet the
terms and conditions of the variance.
D.
Violation of variance. When
the licensee does not maintain compliance with the terms of the variance, the
Department may take enforcement action, subject to appeal by the licensee, who
may request an administrative hearing.
