(a) Waiver orvariance requests are subject to review by the Department. During this process, the regulatory authority may confirm the following in writing:
- (1) The nature and extent of any nonconforming use;
- (2) That the equipment or portion of the facility in question is in an operable and sanitary condition, and can be maintained in satisfactory condition waiver; and
- (3) That no public health threats or food-related illness will result if the waiver or variance is granted. (b) If a HACCP plan is required, as specified in OAC 257-15-8, the license holder must supply the regulatory authority with the information specified in OAC 310:257-15-9 as it is relevant to the variance requested.
Added at 23 Ok Reg 2358, eff 6-25-06
Amended at 26 Ok Reg 1477, eff 6-11-09
Amended at 38 Ok Reg 1947, eff 9-11-21