Section 25-A4103. VARIANCES - APPLICATION, JUSTIFICATION & DOCUMENTATION

4103.1A variance shall be requested in writing and be accompanied by the appropriate fee.  

 

4103.2A request for a variance shall contain the following information, which shall be retained in the Department's file on the food establishment:

 

(a)The specified provision(s) of this Code from which the variance is  requested;

 

(b)The reasons why the requirements of the provision(s) cannot be met;

 

(c)Alternative measures that will be taken to ensure a comparable degree of  protection to public health, safety, and the environment if a variance is  granted;

 

(d)Whether a HACCP Plan, as specified in § 4202 is involved that includes  information specified under § 4205 that is relevant to the variance request;

 

(e)The length of time for which the variance is requested; and

 

(f)A statement that the party applying for the variance will agree to comply  with the terms of any variance, if one is granted. 

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627; D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 98-139, dated August 20, 1998, and Mayor’s Order 2002-103, dated June 18, 2002.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6340-41 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).