Health code variance: What it is and why you might need one

I often receive questions from students and operators about various production practices within their operations and if a variance is required, and if so, how it is obtained. A variance is a misunderstood aspect of the food code, so I thought I might discuss a bit about them in the first blog this month.

A variance grants you permission to operate your food establishment in such a way that it modifies or waives a requirement of the food code.  A variance is issued by the health authority in your jurisdiction; this could be the state agency responsible for health inspections. In my town and county in Kansas, it is handled by the Kansas Department of Agriculture. However, if your inspections are handled at the county or city-level, it is likely that level to which you would apply for a variance. The variance will provide you with a written document that authorizes your establishment to operate in a way that is contradictory to what may be stated in the food code.  The food code outlines certain conditions under which variances are required.  These include:

  • Smoking food as a method of food preservation rather than as a method of flavor enhancement
  • Curing food
  • Using food additives or adding components such as vinegar to preserve/render non-time/temperature control for safety food.
  • Packaging time/temperature control for safety food using Reduced Oxygen Packaging methods, except where the growth of Clostridium botulinum and Listeria Monocytogenes are controlled.
  • Operating a molluscan shellfish life-support system display tank used to store and 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 regulatory authority to require a variance
  • Sprouting seeds (such as alfalfa or wheat grass) or beans in a retail food establishment

The variance will provide you with a written document that authorizes your establishment to operate in a way that is contradictory to what may be stated in the food code. 

Requirements on submitting a variance application to your health authority will vary by jurisdiction, so it is important to visit with your health inspector, who can walk you through the process. Often, for a variance to be issued, it will require you to develop a HACCP plan for the process for which you are seeking a variance. In the end, the health department wants to know how you are going to keep food safety and protect public health.  Thus, developing your variance application can be quite technical.  While some operators have the food safety knowledge to complete the application on their own, I would encourage you to visit with a food safety consultant, a university extension professional, or a food science professor who can provide assistance with the technical aspects of the application and can ensure that your HACCP plan will provide the necessary preventative measures to ensure the safety of food served.

The application process for a variance can be costly, but without it your operation could be fined or face closure for failing to operate in accordance with the health code, so the decision to apply for a variance is an important one for you to consider.

Please be sure to check out our first Safe Bites Webinar of 2022, Getting the Word Out: Communicating Your Organization’s Food Safety Practices, presented by Dr. Catherine Strohbehn. Unlike previous years, we are going to change things up a bit and the webinars will be offered on-demand. They are still approved by the Certifying Board for Dietary Managers for Continuing Education and the School Nutrition Association and you will still be able to submit any questions you have for follow-up! The webinar should be available to watch mid-month. Risk Nothing.

Thawing Food with Food Safety in Mind

There comes a time in almost every foodservice operation where you must thaw food. Yes, I know there are those operations who have moved to fresh products only and don’t have a freezer in-house, but I am willing to bet that is more the exception than the norm. I am almost sure that anyone reading this blog who works in a foodservice operation can regurgitate what methods are acceptable to thaw food per the FDA Model Food Code. In case you don’t recall, I will discuss them briefly, but I wanted to spend some time covering these requirements a bit more in-depth – so you not only know WHAT to do, but the WHY we do it that way.

Addressing Major Food Recalls in Your Business

It seems like every year we have a large-scale food recall that reminds consumers and foodservice operators about the importance of food safety. Not that we need reminded, but it certainly puts the topic in the headlines again. Last year, it was the onion recall. This year, it may very well be the Jiff peanut butter recall, of which we are in the midst of.  At the time of the publishing, we are starting to learn more about a potential hepatitis A outbreak linked to strawberries.  If you have not been impacted by either of these recalls in your personal or business life, I would be surprised.

Sanitation, Sanitation, Where Art Thou?

Continuing the theme I picked up on a few months ago, discussing common causes of foodborne illness, I’d like to focus this blog on cross contamination, more precisely sanitation. Sanitation is another issue that employees don’t often do at home, so they discount the importance of it in the food production environment. That is to say that they have never made someone sick at home because they only clean their countertops and they have likely never sanitized their kitchen, so why is it so important in a foodservice facility?