The department may grant a variance by modifying or waiving the requirements of this Part if in the opinion of the department a health hazard or nuisance will not result from the variance. If a variance is granted, the department shall retain the information specified under section 271-9.3 of this Subpart in its records for the food establishment.
N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-9.2