Section He-P 2304.14 - Variances(a) Applicants or license holders seeking variances from specific rules or Food Code items shall complete and submit a "Variance Request Form" (VRFORM, 01-01-11) to the: Department of Health and Human Services
Division of Public Health Services
Food Protection Section
29 Hazen Dr.
Concord, NH 03301
(603) 271-4589
(b) The variance request shall include: (1) Specific reference to the rule or Food Code item for which a variance is being sought;(2) Full explanation of why a variance is necessary;(3) Full explanation of alternatives proposed by the applicant or license holder, which shall be equally as protective of public health as the rule or Food Code item from which a variance is sought; and(4) A HACCP plan if required under He-P 2304.13.(c) The commissioner shall approve a request for variance if: (1) The commissioner concludes that authorizing deviation from strict compliance with the rule or Food Code item from which a variance is sought does not contradict the intent of the rule or Food Code item; and(2) The alternative proposed by the applicant or license holder ensures that the objective or intent of the rule or Food Code 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 or Food Code 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 2304.14
#6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #9857-A, eff 2-1-11, (paras (c)-(f)); amd by #9857-B, eff2-1-11, (paras (a)-(b))
Amended by Volume XXXIX Number 10, Filed March 7, 2019, Proposed by #12729, Effective 2/21/2019, Expires 8/20/2019.Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12852, Effective 8/20/2019, Expires 8/20/2029.