1. (a) Applicants or license holders seeking variances from specific rules or Food Code items shall complete and submit a “Variance Request Form” (VRFORM, 01-01-11) to the:

   Department of Health and Human Services

   Division of Public Health Services

   Food Protection Section

   29 Hazen Dr.

   Concord, NH 03301

2. (603) 271-4589

3. (b) The variance request shall include:

   1. (1) Specific reference to the rule or Food Code item for which a variance is being sought;
   2. (2) Full explanation of why a variance is necessary;
   3. (3) Full explanation of alternatives proposed by the applicant or license holder, which shall be equally as protective of public health as the rule or Food Code item from which a variance is sought; and
   4. (4) A HACCP plan if required under He-P 2304.13.

4. (c) The commissioner shall approve a request for variance if:

   1. (1) The commissioner concludes that authorizing deviation from strict compliance with the rule or Food Code item from which a variance is sought does not contradict the intent of the rule or Food Code item; and
   2. (2) The alternative proposed by the applicant or license holder ensures that the objective or intent of the rule or Food Code item from which a variance is sought will be accomplished.
5. (d) 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 or Food Code item from which a variance was sought.
6. (e) A variance shall be approved until the expiration of the current license or as specified by the department.

7. (f) No request for a variance concerning the rules of other state agencies which are referred to in this chapter shall be approved.

   Source. #6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #9857-A, eff 2-1-11, (paras (c)-(f)), EXPIRED: 2-1-19; amd by #9857-B, eff 2-1-11, (paras (a)-(b)); ss by #12729, INTERIM, eff 2-21-19, EXPIRES:8-20-19; ss by #12852, eff 8-20-19

   He P 2304.15 Trade Secrets and Confidentiality.

8. (a) The department shall treat as confidential, in accordance with RSA 350-B, information that meets the criteria specified in RSA 350-B for a trade secret and is contained on inspection report forms, in the plans and specifications submitted as specified under He P 2304.12, and in any HACCP plans submitted.
9. (b) Consumer complaints received regarding illness or sanitation of a food establishment shall have the name, address, and phone number or other identifying information of the individual making the complaint maintained as confidential and such information shall not be released without written permission of the complainant.

Source. #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19 New. #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19