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.