1010. VARIANCE REQUIREMENT

1010 VARIANCE REQUIREMENT 1010.1 A food establishment shall obtain a variance from the Department as specified in §§ 4102, 4103, and 4104 before: Smoking food as a method of food preservation rather than as a method of flavor enhancement; Pf Curing food; Pf Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous (time/temperature control for safety food); Pf (d) Packaging food using a reduced oxygen method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified in § 1011; Pf (e) Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption; Pf (f) Custom processing animals that are for personal use as food and not for sale or service in a food establishment; (g) Preparing food by another method that the Department determines requires a variance; Pf or (h) Sprouting seeds or beans. Pf SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).