1. (a) Modifications and waivers. 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 or nuisance will not result from the variance. If a variance is granted, the regulatory authority shall retain the information specified in subsection (b) of this section in its records for the food establishment.

2. (b) Documentation of proposed variance and justification. Before a variance from a requirement of this chapter is approved, the information that shall be provided by the person requesting the variance and retained in the regulatory authority's file on the food establishment includes:

   1. (1) a statement of the proposed variance of the rule requirement citing relevant rule section numbers;^Pf
   2. (2) an analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant rule sections will be alternatively addressed by the proposal;^Pf and
   3. (3) a HACCP plan if required as specified in §228.244(c) of this title that includes the information specified in §228.244(b) of this title, as it is relevant to the variance requested.^Pf

3. (c) Conformance with approved procedures. If the regulatory authority grants a variance as specified in subsection (a) of this section, or a HACCP plan is otherwise required as specified in §228.244(c) of this title, the food establishment shall:

   1. (1) comply with the HACCP plans and procedures that are submitted and approved as specified in §228.244(d) of this title as a basis for the modification or waiver;^Pf and

   2. (2) maintain and provide to the regulatory authority, upon request, records specified in §228.244(d)(4) and (5) of this title that demonstrate that the following are routinely employed:

      1. (A) procedures for monitoring critical control points;^Pf
      2. (B) monitoring of the critical control points;^Pf
      3. (C) verification of the effectiveness of an operation or process;^Pf and
      4. (D) necessary corrective actions if there is failure at a critical control point.^Pf

Source Note:The provisions of this §228.243 adopted to be effective October 11, 2015, 40 TexReg 6901.