South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-25 - Retail Food Establishments
Chapter 61-25.8 - COMPLIANCE AND ENFORCEMENT
Part 61-25.8-1 - REGULATION APPLICABILITY
Section 61-25.8-103 - Variances
Universal Citation: SC Code Regs 61-25.8-103
Current through Register Vol. 48, No. 9, September 27, 2024
8-103.10 Modifications and Waivers.
(A)
The Department may grant a variance by modifying or waiving the requirements of
this regulation if, in the opinion of the Department, a health hazard or
nuisance will not result from the variance. If a variance is granted, the
Department shall retain the information specified under 8-103.11 in its records
for the retail food establishment.
(B) When a retail food establishment desires
to use a construction procedure inconsistent with the regulation or use
materials and/or equipment other than specified in this regulation, a variance
may be requested from the Department. Such a request must:
(1) Be submitted in writing,
(2) Include a description of the material(s),
equipment, and/or construction procedure(s) proposed, and
(3) Identify the material, equipment and/or
procedure required by the regulation, and include proof of
equivalency.
(C) The
Department shall only consider a complete request for approval of a variance.
The Department's decision on such a variance will be final.
8-103.11 Documentation of Proposed Variance and Justification.
Before a variance from a requirement of this regulation is approved, the information provided by the retail food establishment requesting the variance and retained in the Department's file shall include:
(A) A statement of the proposed variance of
this regulation requirement citing relevant regulation
section(s);P
(B) An analysis of the rationale for how the
potential public health hazards and nuisances addressed by the relevant
regulation sections will be alternatively addressed by the proposal;
P and
(C) A HACCP plan if required as specified
under 8-201.13(A) that includes the information specified under 8-201.14 as it
is relevant to the variance requested.
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8-103.12 Conformance with Approved Procedures.
If the Department grants a variance as specified in 8-103.10 or a HACCP plan is otherwise required as specified under 8-201.13, the permit holder shall:
(A) Comply with
the HACCP plans and procedures that are submitted as specified under 8-201.14
and approved as a basis for the modification or waiver;
P and
(B) Maintain and provide to the Department,
upon request, records specified under 8-201.14(D) and (E) that demonstrate that
the following are routinely employed:
(1)
Procedures for monitoring the critical control points,
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(2) Monitoring of the critical control
points,
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(3) Verification of the effectiveness of the
operation or process,
Pf and
(4) Necessary corrective actions if there is
failure at a critical control point.
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