Conn. Agencies Regs. § 19a-36h-2 - Applicability and variance

(a) Applicability.

(1) All food establishments shall comply with the requirements of the food code, as amended from time to time, any food code supplement published by the United States Food and Drug Administration, and the Connecticut General Statutes and the Regulations of Connecticut State Agencies, as applicable.

(b) Variance.

(1) The commissioner may, in consultation with the Commissioner of Consumer Protection, grant a variance for the requirements of the food code if the commissioner determines that such variance will not result in a health hazard or nuisance. The commissioner may impose conditions and requirements on the food establishment upon granting such variance. The commissioner shall provide the director of health and the owner or operator of the food establishment a copy of the approved variance.

(2) The owner or operator of a food establishment shall apply for such variance, in writing, to the commissioner by submitting the required documentation as specified in sections 8-103.11 and 8103.12 of the food code.

(3) The department or food inspector shall verify compliance with the approved variance during routine inspections, site visits or as otherwise deemed necessary.

(4) A variance may be suspended or revoked in accordance with section 4-182(c) of the Connecticut General Statutes if the food inspector identifies noncompliance with the terms of the variance or deems that a health hazard or nuisance exists due to such variance.

Notes

Conn. Agencies Regs. § 19a-36h-2

Effective 2/17/2023