New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 2100 - BEVERAGES AND BOTTLED WATER
Part He-P 2104 - APPLICATION AND LICENSING OF IN-STATE BEVERAGE AND BOTTLED WATER FACILITIES
Section He-P 2104.10 - Variances

Universal Citation: NH Admin Rules He-P 2104.10

Current through Register No. 40, October 3, 2024

(a) Applicants or license holders seeking variances from specific rules shall contact the department by telephone at (603) 271-4589 or by mail, to obtain a VR Form "Beverage and Bottled Water License Variance Request Form" (October 2018 Edition) .

(b) Applicants or license holders shall complete and submit VR Form "Beverage and Bottled Water License Variance Request Form" (October 2018 Edition) to the department by mailing to:

Department of Health and Human Services

Division of Public Health Services

Food Protection Section

29 Hazen Dr.

Concord, NH 03301

(c) The commissioner shall approve a request for variance if:

(1) The commissioner concludes that authorizing deviation from strict compliance with the rule item from which a variance is sought does not contradict the intent of the rule; and

(2) The alternative proposed by the applicant or license holder ensures that the objective or intent of the rule item from which a variance is sought will be accomplished.

(d) If a variance is approved, the license holder's subsequent compliance with the alternatives approved in the variance shall be considered equivalent to complying with the rule item from which a variance was sought.

(e) A variance shall be approved until the expiration of the current license or as specified by the department.

(f) No request for a variance concerning the rules of other state agencies which are referred to in this chapter shall be approved.

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