---
kind: "section"
citation: "21 C.F.R. § 112.171"
title: "21"
number: "112.171"
heading: "Who may request a variance from the requirements of this part?"
url: "https://uscodex.org/cfr/21/112.171"
---

# §112.171. Who may request a variance from the requirements of this part?


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 the State, tribe, or foreign country determines 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](/cfr/21/402.md) of the Federal Food, Drug, and Cosmetic Act and to provide the same level of public health protection as the requirements of this part.

## Notes

### Authority

Authority: 21 U.S.C. 321, 331, 342, 350h, 371; 42 U.S.C. 243, 264, 271.

### Source

Source: 80 FR 74547, Nov. 27, 2015, unless otherwise noted.