§ 46.1103. Variances.
(a) Modifications and waivers. The Department may grant a variance by modifying or waiving the requirements of this chapter if—in the opinion of the Department—a health hazard will not result from the variance. If a variance is granted, the Department will retain the information specified in subsection (b) in its records for the retail food facility and provide a copy of the approved variance to the licensor if the licensor is an entity other than the Department.
(b) Documentation of proposed variance and justification. Before a variance from a requirement of this chapter is approved, the information provided by the person requesting the variance and retained in the Department’s file on the retail food facility includes the following:
(1) A statement of the proposed variance of the chapter requirement citing relevant chapter section numbers.
(2) An analysis of the rationale for how the potential public health hazards addressed by the relevant chapter sections will be alternatively addressed by the proposal.
(3) An HACCP plan—if required as specified in § 46.1122(a)(1) (relating to HACCP plans)—that includes the information specified in § 46.1122(b) as it is relevant to the variance requested.
(c) Conformance with approved procedures. If the Department grants a variance as specified in subsection (a), or an HACCP plan is otherwise required as specified in § 46.1122(a), the retail food facility operator shall do the following:
(1) Comply with the HACCP plans and procedures that are submitted as specified in § 46.1122(b) and approved as a basis for the modification or waiver.
(2) Maintain and provide to the Department or licensor, upon request, records specified in § 46.1122(b)(4) and (5) that demonstrate that the following are routinely employed:
(i) Procedures for monitoring critical control points.
(ii) Monitoring of the critical control points.
(iii) Verification of the effectiveness of an operation or process.
(iv) Necessary corrective actions if there is failure at a critical control point.
Authority The provisions of this § 46.1103 amended under the Retail Food Facility Safety Act, 3 Pa.C.S. § § 5701—5714; the Food Safety Act, 3 Pa.C.S. § § 5721—5737; the act of July 2, 1935 (P.L. 589, No. 210) (31 P. S. § § 645—660g), known as the Milk Sanitation Law; section 1705(d) of The Administrative Code of 1929 (71 P. S. § 445(d)); and the Food Employee Certification Act, 3 Pa.C.S. § § 6501—6510.
Source The provisions of this § 46.1103 amended April 11, 2014, effective May 12, 2014, 44 Pa.B. 2220. Immediately preceding text appears at serial pages (301702) to (301703).
Cross References This section cited in 7 Pa. Code § 46.1124 (relating to preoperational inspection of construction); and 7 Pa. Code § 46.1144 (relating to conditions of retention: responsibilities of the retail food facility operator).
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