S.D. Admin. R. 44:02:07:94

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:02:07:94 - Variances

The regulatory authority may grant a variance by modifying or waiving the requirements of this chapter if in the opinion of the regulatory authority a health hazard will not result from the variance. If a variance is granted, the regulatory authority may require the following information for its records on the food establishment:

(1) A statement by the petitioner of the proposed variance citing relevant section numbers;

(2) A rationale by the petitioner explaining how the potential public health hazards addressed by the relevant sections will be alternatively addressed by the proposal;

(3) A HACCP plan, if one is required, from the person requesting the variance that includes the information required for a HACCP plan and its relevance to the variance requested.

S.D. Admin. R. 44:02:07:94

23 SDR 195, effective 5/26/1997.

General Authority: SDCL 34-1-17, 34-18-22.

Law Implemented: SDCL 34-18-22, 34-18-25.