10-144-201 Me. Code R. § 11

Current through 2024-51, December 18, 2024

Section 144-201-11 - VARIANCES

A.Variances. The Department may grant a variance by modifying or waiving the requirements of Department rules, if the Department determines that a serious health hazard will not result from the variance.

B.Documentation of proposed variance and justification. A person seeking a variance of any provision of this rule is required to submit the following information, in support of the request:

1. A statement of the proposed variance of the requirement of the rule, citing appropriate section numbers;

2. An analysis of the rationale for how the potential public health hazards and nuisances addressed by the rule will be alternatively addressed by the proposal; and

3. A HACCP plan, if required, as specified under the relevant rule, that includes the information specified under this rule, as it is relevant to the variance requested.

C.Conformance with approved procedures. If the Department grants a variance as specified, the licensee must:

1. For eating establishments:

a. Comply with the HACCP plans and procedures that are submitted as specified under Maine Food Code, 10-144 CMR, Ch. 200, § 8-201.14 and approved as a basis for the variance;

b. Maintain and provide to the Department, upon request, records specified under the Maine Food Code, 10-144 CMR, Ch. 200, §§ 8-201.14(D) and (E), that demonstrate that the following are routinely employed:

i. Standard operating procedures for continuous monitoring of the critical control points;

ii. Documentation that demonstrates continuous monitoring of the critical control points;

iii. Verification of the effectiveness of an operation or process; and

iv. Necessary corrective actions, if there is failure at a critical control point; and

c. Meet all terms and conditions of the variance.

2. For all other establishments, meet the terms and conditions of the variance.

D.Violation of variance. When the licensee does not maintain compliance with the terms of the variance, the Department may take enforcement action, subject to appeal by the licensee, who may request an administrative hearing.

10-144 C.M.R. ch. 201, § 11