South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:02 - Lodging and food service
Chapter 44:02:07 - Food service code
Section 44:02:07:41 - Variance requirement for specialized processing methods
Current through Register Vol. 50, page 114, March 25, 2024
A food establishment must obtain variance from the regulatory authority before smoking or curing food; using food additives as a method of food preservation rather than as a method of flavor enhancement; using a reduced-oxygen method of packaging food, except as specified in § 44:02:07:39, if a barrier to Clostridium botulinum exists; or preparing food by another method that is determined by the regulatory authority to require a variance.
The regulatory authority may grant a variance by modifying or waiving one or more of the requirements of this chapter if in the opinion of the regulatory authority a health hazard will not result from the variance. If a variance is granted, the regulatory authority must retain the following information in its records on the food establishment:
(1) A statement from the petitioner of the proposed variance of the requirement, citing relevant section numbers;
(2) A rationale from the petitioner explaining how the potential public health hazards addressed by the relevant sections will be alternatively addressed by the proposal; and
(3) A HACCP plan, if required, that includes the information as it is relevant to the variance requested.
General Authority: SDCL 34-1-17, 34-18-22.
Law Implemented: SDCL 34-18-22, 34-18-25.
Distress Food Act, SDCL 34-5-9 to 34-5-18, inclusive.
