SECTION 310:257-5-63. Variance requirement  


Latest version.
  •   A food establishment shall obtain a variance from the Department as specified in OAC 310:257-15-3 and under OAC 310:257-15-4 before:
    (1)   Smoking food as a method of food preservation rather than as a method of flavor enhancement;
    (2)   Curing food;
    (3)   Using food additives or adding components such as vinegar:
    (A)   As a method of food preservation rather than as a method of flavor enhancement, or
    (B)   To render a food so that it is not potentially hazardous Time/Temperature Control for Safety Food;
    (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 OAC 310:257-5-64;
    (5)   Operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption;
    (6)   Custom processing animals that are for personal use as food and not for sale or service in a food establishment;
    (7)   Sprouting seeds or beans; or
    (8)   Preparing food by another method that is determined by the Department to require a variance.
[Source: Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11; Amended at 33 Ok Reg 1520, eff 9-11-16]