Section Agr 1412.12 - Waivers(a) Each vendor seeking waiver of a specific rule in this chapter shall submit a written request for the waiver to the commissioner.(b) The waiver request shall include: (1) The specific reference to the rule for which a waiver is being sought;(2) A full explanation of why a waiver is necessary; and(3) A full explanation of alternatives proposed by the vendor, which shall be equally protective of public health as the rule from which a waiver is sought.(c) The commissioner shall approve a request for a waiver if: (1) The commissioner concludes that authorizing deviation from strict compliance with the rule from which the waiver is sought does not contradict the purpose of this part as stated in Agr 1412.01; and(2) The alternative proposed by the vendor ensures that the purpose of this part as stated in Agr 1412.01 from which the waiver is sought will be accomplished.(d) If a waiver is approved, the vendor's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.(e) No request for a waiver concerning the rules of other state agencies which are referred to in this chapter shall be accepted.N.H. Admin. Code § Agr 1412.12
#7662, eff 3-19-02, EXPIRED: 3-19-10
New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
New. #10166, eff 8-3-12
Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12424, Effective 12/1/2017, Expires 12/1/2027.