Section He-P 2709.01 - 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 "Milk Variance Request Form" (February 2021).(b) Applicants or license holders shall complete and submit to the department VR Form "Milk Variance Request Form" (February 2021) by mailing to: Department of Health and Human Services
Division of Public Health Services
Food Protection Section
29 Hazen Dr.
Concord, NH 03301
(c) By completing and submitting a VR Form "Milk Variance Request Form" (February 2021), the applicant or licensee holder acknowledges that:(1) The requested variance pertains to the rule mentioned in the variance request only, and shall not be deemed permission to waiver from any other requirements outlined in the He-P 2700; and(2) If approved, this variance shall be considered null and void at such time one or more of the following events should occur:c. Failure to comply with said variance.(d) 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.(e) 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.(f) A variance shall be approved until the expiration of the current license or as specified by the department.(g) 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 2709.01
Derived from Volume XLI Number 14, Filed April 8, 2021, Proposed by #13175, Effective 3/2/2021, Expires 3/2/2031