§ 16-103 — ADMINISTRATION

§ 16-103 ADMINISTRATION.

(a) The director and the director's authorized representatives are authorized to administer, implement and enforce the provisions of this article and the provisions of the Texas Health and Safety Code and the rules of the Texas Department of State Health Services relating to food, and to issue orders requiring compliance with same. (b) The director may grant a variance by modifying or waiving the requirements of the chapter if, in the opinion of the director, a health hazard, nuisance, or violation of state or federal law will not result from the variance. If a variance is granted, the department shall retain the information specified in subsection (1). (1) Before a variance is approved, the person requesting the variance must deliver the following information to the department, which shall be retained in the department's file on the food establishment: a. A written statement requesting the proposed variance that cites to the specific section or sections of this chapter; b. A written analysis of the rationale for how the potential public health hazard and nuisances addressed by the relevant sections of this chapter will be alternatively addressed by the proposal; and c. A hazard analysis and critical control points (HACCP) plan, if required by the department. (Ord. 12553, § 1, passed 6-18-1996; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)