Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 70 - Wholesale Food Manufacturing › Subchapter VIII - Variances › Section ATCP 70.64 - Variances

Current through June 24, 2024
(1) ISSUANCE. The department may issue a
				  written waiver granting a variance from a construction, equipment, utensils,
				  processing or procedure standard under this chapter if the department finds
				  that the variance is reasonable and necessary under the circumstances, and that
				  it will not compromise the purpose served by the construction, equipment, or
				  processing standards. The administrator of the department's division of food
				  and recreational safety may issue a waiver on behalf of the department. The
				  department shall keep a copy of the waiver on file for as long as the waiver
				  remains in effect.
(2) SUBMISSION
				  OF REQUEST FOR A VARIANCE. A variance request shall be submitted to the
				  department through the sanitarian assigned by the department to inspect the
				  food processing plant, and shall include all validation documents as well as a
				  HACCP plan required under 21 CFR part 120 or 123, if applicable; or food safety
				  preventive controls plan as required under 21 CFR 117, Subpart C, if it is for
				  a waiver of accepted processing protocols.
(3) DEPARTMENT DECISION ON REQUEST FOR A
				  VARIANCE. The department shall grant or deny a request under sub. (2) or (4)
				  within 60 days after it receives a complete request, except that the department
				  may give written notice extending the action deadline for reasons stated in the
				  notice.
(4) DURATION, EXPIRATION,
				  AND REISSUANCE.
(a) Waivers to construction
				  and maintenance standards under s.
				  ATCP 70.08 shall
				  remain in effect as long as no material changes to construction or maintenance
				  of the food processing plant result in failure to meet the standard in s.
				  ATCP
				  70.08(1). All waivers to standards
				  under ss.
				  ATCP
				  70.10 to 70.32 granted under this section shall expire
				  five years from the date of issuance.
(b) A license holder who wishes to continue a
				  variance to standards under ss.
				  ATCP
				  70.10 to 70.32 after the expiration of the waiver
				  shall file a request with the department for reissuance of the waiver at least
				  180 days prior to its expiration, unless permission for a later date has been
				  granted by the department.
(c) When
				  a license holder has made timely and sufficient application for the reissuance
				  of a waiver or a new variance request with reference to any activity of a
				  continuing nature, the existing waiver does not expire until the application
				  has been finally acted upon by the department, and, if the application is
				  denied or the terms of the new request are limited, until the last day for
				  seeking review of the agency decision or a later date fixed by order of the
				  reviewing court.
(d) A waiver shall
				  be reissued by the department if the equipment, utensils, processes, or
				  procedures described in it continue to meet the criteria in sub. (1) or if the
				  food processing plant operator updates the original variance request to ensure
				  compliance with the criteria in sub. (1).