44:02:07:41.  Variance requirement for specialized processing methods. A food establishment must obtain variance from the regulatory authority before smoking or curing food; using food additives as a method of food preservation rather than as a method of flavor enhancement; using a reduced-oxygen method of packaging food, except as specified in § 44:02:07:39, if a barrier to Clostridium botulinum exists; or preparing food by another method that is determined by the regulatory authority to require a variance.

          The regulatory authority may grant a variance by modifying or waiving one or more of the requirements of this chapter if in the opinion of the regulatory authority a health hazard will not result from the variance. If a variance is granted, the regulatory authority must retain the following information in its records on the food establishment:

          (1)  A statement from the petitioner of the proposed variance of the requirement, citing relevant section numbers;

          (2)  A rationale from the petitioner explaining how the potential public health hazards addressed by the relevant sections will be alternatively addressed by the proposal; and

          (3)  A HACCP plan, if required, that includes the information as it is relevant to the variance requested.

          Source: 23 SDR 195, effective May 26, 1997.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-25.

          Cross-Reference: Distress Food Act, SDCL 34-5-9 to 34-5-18, inclusive.