Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 70 - Wholesale Food Manufacturing
Subchapter VIII - Variances
Section ATCP 70.64 - Variances

Universal Citation: WI Admin Code ยง ATCP 70.64

Current through August 26, 2024

(1) ISSUANCE. The department may issue a written waiver granting a variance from a construction, equipment, utensils, processing or procedure standard under this chapter if the department finds that the variance is reasonable and necessary under the circumstances, and that it will not compromise the purpose served by the construction, equipment, or processing standards. The administrator of the department's division of food and recreational safety may issue a waiver on behalf of the department. The department shall keep a copy of the waiver on file for as long as the waiver remains in effect.

(2) SUBMISSION OF REQUEST FOR A VARIANCE. A variance request shall be submitted to the department through the sanitarian assigned by the department to inspect the food processing plant, and shall include all validation documents as well as a HACCP plan required under 21 CFR part 120 or 123, if applicable; or food safety preventive controls plan as required under 21 CFR 117, Subpart C, if it is for a waiver of accepted processing protocols.

(3) DEPARTMENT DECISION ON REQUEST FOR A VARIANCE. The department shall grant or deny a request under sub. (2) or (4) within 60 days after it receives a complete request, except that the department may give written notice extending the action deadline for reasons stated in the notice.

(4) DURATION, EXPIRATION, AND REISSUANCE.

(a) Waivers to construction and maintenance standards under s. ATCP 70.08 shall remain in effect as long as no material changes to construction or maintenance of the food processing plant result in failure to meet the standard in s. ATCP 70.08(1). All waivers to standards under ss. ATCP 70.10 to 70.32 granted under this section shall expire five years from the date of issuance.

(b) A license holder who wishes to continue a variance to standards under ss. ATCP 70.10 to 70.32 after the expiration of the waiver shall file a request with the department for reissuance of the waiver at least 180 days prior to its expiration, unless permission for a later date has been granted by the department.

(c) When a license holder has made timely and sufficient application for the reissuance of a waiver or a new variance request with reference to any activity of a continuing nature, the existing waiver does not expire until the application has been finally acted upon by the department, and, if the application is denied or the terms of the new request are limited, until the last day for seeking review of the agency decision or a later date fixed by order of the reviewing court.

(d) A waiver shall be reissued by the department if the equipment, utensils, processes, or procedures described in it continue to meet the criteria in sub. (1) or if the food processing plant operator updates the original variance request to ensure compliance with the criteria in sub. (1).

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