Okla. Admin. Code § 310:257-15-3.1

Current through Vol. 42, No. 4, November 1, 2024

Section 310:257-15-3.1 - Variances and waivers

(a) Whenever the Department adopts new rules or amends existing language in this Chapter, the owner of a food establishment may request that a waiver be granted on any nonconforming use that may then exist, on or before the effective date of the rule change, at the license holder's place of operation, based on the following considerations:

(1) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

(2) Whether food-contact surfaces comply with OAC 310:257-7-1 through OAC 310:257-7-13;

(3) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with OAC 310:257-7-50; and

(4) The existence of a documented agreement with the license holder that the facilities or equipment will be replaced as specified under OAC 310:257-15-20(6).

(b) Waivers or variances requested pursuant to this Subchapter are subject to approval by the Department. A license holder must submit a written application on a form provided by the Department. Any request shall be deemed denied unless the license holder subsequently receives notice of approval from the Department.

(c) If the license holder replaces the equipment or reconstructs the portion of the facility that is the subject of the waiver, the new equipment or construction must conform to the rules of this Chapter.

(d) Waivers or variances may be reviewed and reconsidered for each successive licensing period.

(e) Waivers or variances are not considered to be part of the license and may be revoked at any time, for any reason, by the Department. The licensee is not entitled to a hearing prior to revocation, but will be provided written notice of any revocation along with instructions that the licensee must come into compliance by a certain date.

Okla. Admin. Code § 310:257-15-3.1

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021