PSR.31 Who may request a variance?

A State, Federally-recognized tribe (or “tribe”), or a foreign country from which food is imported into the United States may request a variance from one or more requirements of this part, where they determine that (a) The variance is necessary in light of local growing conditions; and (b) The procedures, processes, and practices to be followed under the variance are reasonably likely to ensure that the produce is not adulterated under section 402 of the FD&C Act and to provide the same level of public health protection as the requirements of this part.

Process for Requesting a Variance

PSR.32 How may a State, tribe, or foreign country request a variance?

To request a variance from one or more requirements of the Produce Safety Rule, the competent authority (i.e., the regulatory authority for food safety) for a State, tribe, or a foreign country must submit a petition using the petition process in 21 CFR 10.30.