§81.55 Modification by Commissioner.

When the strict application of any provision of this Article presents practical difficulties or

unusual hardships, the Commissioner, in a specific instance, may modify the application of such

provision consistent with the general purpose of this Article and upon such conditions as in his or

her opinion are necessary to provide for clean and sanitary food manufactured, processed or

served in clean and sanitary establishments. The denial of a request for modification by the

Commissioner shall be deemed a final agency determination.