DELAWARE DIVISION OF PUBLIC HEALTH
				    HEALTH SYSTEMS PROTECTION
			OFFICE OF FOOD PROTECTION, DOVER:  302-744-4546
				ENVIRONMENTAL HEALTH FIELD SERVICES
		New Castle County: 302-995-8650	Kent County: 302-739-5305
				   Sussex County: 302-856-5496


				  STATE OF DELAWARE FOOD CODE

				PROCEDURE TO REQUEST A VARIANCE
				FROM STATE OF DELAWARE FOOD CODE

Question:	As the Permit Holder or Person-in-Charge of a food establishment, 
		what procedures must I follow to request a variance to modify or 
		waive a requirement in the Delaware Food Code?

	Answer:	State of Delaware Food Code  addresses the information 
			requirements in the following sections:
				Section 8-103.10 Modifications and Waivers
				Section 8-103.11 Documentation of Proposed Variance and 
				                 Justification
				Section 8-103.12 Conformance with Approved Procedures

Definition:
VARIANCE means a written document issued by Director, Division of Public Health 
that authorizes a modification or waiver of one or more requirements of the 
State of Delaware Food Code if a health hazard or nuisance will not result from 
the modification or waiver.
________________________________________________________________________________
- Who May Submit a Variance Request?
	A Food Establishment permit holder may submit a written request for a 
	variance to modify or waive one or more Food Code requirements.

- To Whom Should the Request Be Addressed?
	Two separate copies of a variance request should be sent to: 
		Director, Division of Public Health	and	Chief, Health Systems 
		417 Federal Street					Protection 
		Dover, DE  19901-3635				417 Federal Street 	
								Dover, DE  19901-3635

- What Happens When I Submit a Variance Request?
	- Upon receipt of the variance request, the Director’s Office begins to 
	  track the request and will assign responsibility for advising the 
	  Director. 

- Upon receipt of the request by the Office of Food Protection (OFP), the 
  request will be reviewed for the contents specified in State of 
  Delaware Food Code, Section 8-103.11.

- If the request is incomplete, OFP will return the request to the
  applicant, indicating the deficient area(s). OFP will provide a copy of
  this correspondence to the Director’s Office and the Section Chief.  

- If the request is complete, OFP will evaluate the request on the whether 
  the proposed alternative will satisfy the public health rationale for 
  the State of Delaware Food Code requirement for which modification or 
  waiver is being requested.   

- OFP will formulate a recommendation to approve or disapprove the request 
  and, together with the basis for that recommendation, will forward both 
  to Director DPH via Chief HSP.

	- All requests will be returned to the applicant.  A disapproved request
	  will be returned to the applicant with an indication of deficient areas 
	  needing additional controls or documentation.
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Doc. # 35-05-20/05/07/02