Code of Federal Regulations Title 21. Food and Drugs § 21.112.171 Who may request a variance from the requirements of this part?

(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 Federal Food, Drug, and Cosmetic Act and to provide the same level of public health protection as the requirements of this part.