4104 VARIANCES – ATTACHMENT OF CONDITIONS

4104.1 In granting a variance, the Department may attach conditions that it determines are needed to protect the public health, safety and the environment.

4104.2 If the Department grants a variance as specified in § 4102, or a HACCP Plan is otherwise required as specified in § 4202, the licensee shall:

(a) Comply with the HACCP Plan and procedures submitted and approved as the basis for the variance; P and

(b) Maintain, and provide to the Department upon request, records specified in §§ 4205.1(d) and (e) that demonstrate the following are routinely used:

(1) Procedures for monitoring critical control points; Pf

(2) The actual monitoring of the critical control points; Pf

(3) Verifications of the effectiveness of an operation or process; Pf and

(4) Necessary corrective actions if there is failure at a critical control point. Pf

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