{"data":{"id":"us-va/12vac5-421-3570","jurisdiction":"us-va","citation":"12VAC5-421-3570","heading":"Variances","body":"A. The commissioner or his designee may grant a variance to this chapter by following the appropriate procedures set forth in this section and 12VAC5-421-3580.\n\nB. The commissioner or the commissioner's designee may grant a variance if he finds that the hardship imposed, which may be economic, outweighs the benefits that may be received by the public and that granting such a variance does not subject the public to unreasonable health risks or environmental pollution.\n\nC. Any owner or permit holder who seeks a variance shall apply in writing . The request shall be sent to the local health department. The application shall include:\n\n1. A citation to the regulation from which a variance is requested;\n\n2. The nature and duration of the variance requested;\n\n3. Any relevant analytical results including result of relevant tests conducted pursuant to the requirements of these regulations;\n\n4. Statements or evidence which establishes that the public health, welfare and environment would not be adversely affected if the variance were granted;\n\n5. Suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare;\n\n6. A HACCP plan if required as specified under 12VAC5-421-3620 A that includes the information specified under 12VAC5-421-3630 as it is relevant to the variance requested.\n\n7. Other information believed pertinent by the applicant; and\n\n8. Such other information as the district or local health department or commissioner may require.","path":["Title 12. Health","Agency 5. Department of Health","Chapter 421. Food Regulations","Part VIII. Compliance and Enforcement","Article 1. Applicability of Chapter"],"source_url":"https://law.lis.virginia.gov/admincode/title12/agency5/chapter421/section3570/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:50:20Z","sha256":"ac7f7b2144cd2655a711e585574bc22c5d65e919f3461e99519e28d8c1bf3545","source_id":"us-va-vac","stale":false,"prev":"us-va/12vac5-421-3540","next":"us-va/12vac5-421-3580"},"notice":"GroundRules: Original legal text. Not legal advice."}