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 2300 - SANITARY PRODUCTION AND DISTRIBUTION OF FOOD
Part He-P 2304 - APPLICATION AND LICENSING PROCEDURE
Section He-P 2304.14 - Variances

Universal Citation: NH Admin Rules He-P 2304.14

Current through Register No. 40, October 3, 2024

(a) Applicants or license holders seeking variances from specific rules or Food Code items shall complete and submit a "Variance Request Form" (VRFORM, 01-01-11) to the:

Department of Health and Human Services

Division of Public Health Services

Food Protection Section

29 Hazen Dr.

Concord, NH 03301

(603) 271-4589

(b) The variance request shall include:

(1) Specific reference to the rule or Food Code item for which a variance is being sought;

(2) Full explanation of why a variance is necessary;

(3) Full explanation of alternatives proposed by the applicant or license holder, which shall be equally as protective of public health as the rule or Food Code item from which a variance is sought; and

(4) A HACCP plan if required under He-P 2304.13.

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

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

(2) The alternative proposed by the applicant or license holder ensures that the objective or intent of the rule or Food Code 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 or Food Code 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.

#6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #9857-A, eff 2-1-11, (paras (c)-(f)); amd by #9857-B, eff2-1-11, (paras (a)-(b))

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