Section 860. Variance requirement

A food establishment shall obtain a variance from the department as specified in 2VAC5-585-3540 and 2VAC5-585-3541 before:^Pf

1. Smoking food as a method of food preservation rather than as a method of flavor enhancement;^Pf

2. Curing food;^Pf

3. Using food additives or adding components such as vinegar:^Pf

a. As a method of food preservation rather than as a method of flavor enhancement;^Pf or

b. To render a food so that it is not time/temperature control for safety food;^Pf

4. Packaging time/temperature control for safety food using a reduced oxygen packaging method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under 2VAC5-585-870;^Pf

5. Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;^Pf

6. Custom processing animals that are for personal use as food and not for sale or service in a food establishment;^Pf

7. Sprouting seeds or beans;^Pf or

8. Preparing food by another method that is determined by the department to require a variance.^Pf

Historical Notes

Derived from Volume 24, Issue 02, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 07, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.