Section 1-104.12 - Procedure for Variance Request(A) Request for modification or waiver of the requirements of this chapter shall be submitted in writing to the REGULATORY AUTHORITY having jurisdiction along with documentation specified in ¶ (D).(B) The REGULATORY AUTHORITY shall review the request and forward it to the DEPARTMENT with recommendations for APPROVAL or DISAPPROVAL.(C) On receipt of a complete VARIANCE request as specified in this section, the DEPARTMENT shall review the request and grant or deny the request in writing within 30 working days. If the VARIANCE is granted the REGULATORY AUTHORITY shall maintain a copy of the VARIANCE in the FOOD ESTABLISHMENT's inspection history file.(D) Documentation justifying a proposed modification or waiver from the requirements of this chapter shall include the following information: (1) A statement of the proposed VARIANCE from this chapter requirement citing relevant chapter section numbers;(2) An analysis of the rationale for how the potential public health HAZARDS and nuisances addressed by the relevant chapter section will be alternatively addressed by the proposed VARIANCE; and(3) A HACCP PLAN, if relevant to the VARIANCE request or required by the DEPARTMENT.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection 1-104.12
Adopted by,Register April 2015 No. 712, eff.5/1/2015.Amended by,Register August 2016 No. 728, eff. 9/1/2016.