Variance requests are subject to review by the Department. During this process, the inspector must confirm the following:

1. (1) The nature and extent of the nonconforming use;
2. (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 during the term of the variance;
3. (3) That no public health threats or food-related illness will result if the variance is granted.

Added at 37 Ok Reg 1385, eff 9-11-20