58.03.080 Variance

Operators, owners and agents in charge of a food processing plant, retail food establishment and class 1 meat vendors, class 1 fish vendors, low risk food vendors and non-exempt produce harvester may request from the TMBCI tribal licensing authority, a variance from requirements set forth in this title. All variance requests must be written documents specifying:

(a) The provisions that require a variance;

(b) The reason for the request; and

(c) Alternative procedures that will be employed in lieu of the standards in this title.

In making decisions on variance requests, the TMBCI tribal licensing authority shall consider:

(d) The type of foods that are handled within the food processing plant, retail food establishment or by that vendor;

(e) The food safety risks associated with those foods; and

(f) Whether the alternative procedures proposed are sufficiently protective of health and safety.

Procedures that are consistent with ways of producing and preparing foods using cultural practices specific to the Turtle Mountain Band of Chippewa Indians that have proven to be safe over past generations shall be eligible for the issuance of variances. If a variance is approved by the TMBCI tribal licensing authority, the decision shall be issued in writing, and dated. The requestor shall maintain a copy of the decision consistent with the schedules contained within Sec. 58.0309 [Recordkeeping].