4103 VARIANCES — APPLICATION, JUSTIFICATION AND DOCUMENTATION

4103.1 A variance shall be requested in writing and be accompanied by the appropriate fee.

4103.2 A request for a variance shall contain the following information, which shall be retained in the Department's file on the food establishment:

(a) The specified provision(s) of this Code from which the variance is requested;

(b) The reasons why the requirements of the provision(s) cannot be met;

(c) Alternative measures that will be taken to ensure a comparable degree of protection to public health, safety, and the environment if a variance is granted;

(d) Whether a HACCP Plan, as specified in § 4202 is involved that includes information specified under § 4205 that is relevant to the variance request;

(e) The length of time for which the variance is requested; and

(f) A statement that the party applying for the variance will agree to comply with the terms of any variance, if one is granted.

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).