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 2153 - NEW HAMPSHIRE SHELLFISH SANITATION RULES: APPLICATION AND CERTIFICATE PROCEDURE
Section He-P 2153.13 - Variances

Universal Citation: NH Admin Rules He-P 2153.13

Current through Register No. 40, October 3, 2024

(a) Applicants or certificate holders seeking variances from specific rules, or from items in the NSSP Guide, as incorporated by reference in He-P 2152.01, shall complete and submit a "Variance Request Form" (SSVARFORM February 2023) to the:

NH Department of Health and Human Services

Division of Public Health Services

Food Protection Section

29 Hazen Drive

Concord, NH 03301

(603) 271-4589

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

(1) The commissioner concludes that authorizing deviation from strict compliance with the rule or the item in the NSSP Guide, as incorporated by reference in He-P 2152.01, from which a variance is sought does not contradict the intent of the rule or the item in the NSSP Guide; and

(2) The alternative proposed by the applicant or certificate holder ensures that the objective or intent of the rule or item in the NSSP Guide, as incorporated by reference in He-P 2152.01, from which a variance is sought will be accomplished.

(1) The request does not meet the requirements of (a) above; or

(2) The request does not meet the criteria for approval in accordance with (b) above.

(d) If a variance is approved, the certificate holder's subsequent compliance with the alternatives approved in the variance shall be considered equivalent to complying with the rule or the NSSP Guide, as incorporated by reference in He-P 2152.01.

(e) A variance shall be approved for one year or until the expiration of the current certificate, unless otherwise specified by the department.

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

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