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 2700 - MILK PRODUCERS, MILK PLANTS, PRODUCER-DISTRIBUTORS, AND DISTRIBUTORS
Part He-P 2709 - VARIANCES
Section He-P 2709.01 - Variances

Universal Citation: NH Admin Rules He-P 2709.01

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 "Milk Variance Request Form" (February 2021).

(b) Applicants or license holders shall complete and submit to the department VR Form "Milk Variance Request Form" (February 2021) by mailing to:

Department of Health and Human Services

Division of Public Health Services

Food Protection Section

29 Hazen Dr.

Concord, NH 03301

(c) By completing and submitting a VR Form "Milk Variance Request Form" (February 2021), the applicant or licensee holder acknowledges that:

(1) The requested variance pertains to the rule mentioned in the variance request only, and shall not be deemed permission to waiver from any other requirements outlined in the He-P 2700; and

(2) If approved, this variance shall be considered null and void at such time one or more of the following events should occur:
a. Change of ownership;

b. Renovation; or

c. Failure to comply with said variance.

(d) 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.

(e) 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.

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

(g) 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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