Section He-P 2104.10 - Variances(a) Applicants or license holders seeking variances from specific rules shall contact the department by telephone at (603) 271-4589 or by mail, to obtain a VR Form "Beverage and Bottled Water License Variance Request Form" (October 2018 Edition) .(b) Applicants or license holders shall complete and submit VR Form "Beverage and Bottled Water License Variance Request Form" (October 2018 Edition) to the department by mailing to: Department of Health and Human Services
Division of Public Health Services
Food Protection Section
29 Hazen Dr.
Concord, NH 03301
(c) The commissioner shall approve a request for variance if: (1) The commissioner concludes that authorizing deviation from strict compliance with the rule item from which a variance is sought does not contradict the intent of the rule; and(2) The alternative proposed by the applicant or license holder ensures that the objective or intent of the rule item from which a variance is sought will be accomplished.(d) If a variance is approved, the license holder's subsequent compliance with the alternatives approved in the variance shall be considered equivalent to complying with the rule item from which a variance was sought.(e) A variance shall be approved until the expiration of the current license or as specified by the department.(f) No request for a variance concerning the rules of other state agencies which are referred to in this chapter shall be approved.N.H. Admin. Code § He-P 2104.10
Derived From Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12680, Effective 11/27/2018, Expires 11/27/2028.