D.C. Mun. Regs. tit. 25, r. 25-A4103

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 25-A4103 - VARIANCES - APPLICATION, JUSTIFICATION & DOCUMENTATION

4103.1

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

4103.2

A 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._

D.C. Mun. Regs. tit. 25, r. 25-A4103

Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012)

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.