410 IAC 7-26-217 Specialized processing methods; variance requirement

Sec. 217. (a) An owner or operator of a retail food establishment must obtain a variance from the department as specified under section 483 of this rule before doing the following: (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) as a method to render a TCS food so that it is no longer TCS. (4) Packaging TCS 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 section 218 of this rule. (5) Operating a molluscan shellfish life-support system display tank used to store or display shellfish offered for human consumption. (6) Sprouting seeds or beans. (7) Freeze drying food. (8) Fermenting food with or without a casing. A casing is a tubular container for sausage products made of either natural or artificial (synthetic) material. (9) Preparing food by another method determined by the regulatory authority to be a special process that requires a variance. (b) For purposes of this section, a violation of subsection (a) is a PF item.