Retail Variances

Food and/or the methods that require a variance obtained from the Department of Agriculture, Consumer and Industry Services before production of the food are:

• Smoking food as a method of food preservation rather than a method of flavor enhancement;
• Curing food;
• Using food additives or adding components such as vinegar to address pH:
  • As a method of food preservation rather than as a method of flavor enhancement; or
  • To render a food so that it is not TCS. (TCS food is food that requires time-temperature control to prevent the growth of microorganisms and the production of toxins. This food contains moisture and protein and has a neutral or slightly acidic pH. Most bacteria need nutrients such as carbohydrates or proteins to survive.)  
• Packaging food using a ROP method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled
• Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;
• Custom processing animals that are for personal use as food and not for sale or service in a food establishment;
• Preparing food by another method that is determined by the Department to require a variance;
• Sprouting seeds or beans; or
• Certain raw or undercooked animal foods as described in section 0080-04-09-.03(6).

Some types of food or food processing require a variance and an approved Hazard Analysis Critical Control Point (HACCP) Plan.  HACCP stands for Hazard Analysis and Critical Control Points. This is a preventative food safety system in which every step in the manufacture, storage and distribution of a food product is scientifically analyzed for microbiological, physical and chemical hazards.