Section 3580. Evaluation of a variance application  


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  • A. The commissioner shall act on any variance request submitted pursuant to 12VAC5-421-3570 B within 60 days of receipt of the request.

    B. In evaluating a variance application, the commissioner shall consider such factors as the following:

    1. The effect that such a variance would have on the operation of the food establishment.

    2. The cost and other economic considerations imposed by this requirement;

    3. The effect that such a variance would have on protection of the public health, safety, welfare and the environment;

    4. Such other factors as the commissioner, deputy commissioner, or director of the office of environmental health services may deem appropriate.

Historical Notes

Derived from Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 02, eff. October 16, 2007.

Statutory Authority

§§ 35.1-11 and 35.1-14 of the Code of Virginia.