Section 410IAC7-24-114. Variance

   (a) An owner or operator of a retail food establishment may request a variance from one (1) or more of the sections in this rule as specified in IC 16-19-3-4.3 and IC 16-42-5-5.2.

  (b) An owner or operator of a retail food establishment that requests a variance from one (1) or more requirements of this rule must complete a variance application provided by the department. The application information must adequately and completely address all areas of concern described in the department's "Policy for Processing Variance Requests".

  (c) The department will process the variance request in accordance with the published and posted policy referenced in subsection (b).

  (d) From the effective date of this rule, an owner or operator of a retail food establishment shall not commence implementation of a modification to this rule without first obtaining approval from the department.

  (e) For purposes of this section, a violation of subsection (a), (b), or (c) is a critical or noncritical item based on the determination of whether or not the violation significantly contributes to food contamination, an illness, or an environmental health hazard. (Indiana State Department of Health; 410 IAC 7-24-114; filed Oct 13, 2004, 12:30 p.m.: 28 IR 837; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)