The regulatory authority may grant a variance by modifying or waiving the requirements of this chapter if in the opinion of the regulatory authority a health hazard will not result from the variance. If a variance is granted, the regulatory authority may require the following information for its records on the food establishment:

1. (1) A statement by the petitioner of the proposed variance citing relevant section numbers;
2. (2) A rationale by the petitioner explaining how the potential public health hazards addressed by the relevant sections will be alternatively addressed by the proposal;
3. (3) A HACCP plan, if one is required, from the person requesting the variance that includes the information required for a HACCP plan and its relevance to the variance requested.

Source: 23 SDR 195, effective May 26, 1997.

General Authority: SDCL 34-1-17 , 34-18-22.

Law Implemented: SDCL 34-18-22 , 34-18-25.