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.
Food Safety Considerations for the “New Way” of Dining, Part II – Back-of-house
In our first blog this month, we discussed the importance of front-of-house practices as we emerge from the pandemic this summer and into fall. Making your guests feel safe will be an important point as we welcome them back to our establishment. The safer they feel, the more likely they are to revisit and this could, in turn, be a competitive advantage for your business.
Food Safety Considerations for the “New Way” of Dining
Spring is my favorite time of year, as we head out of the winter months, welcome warmer weather, and increase the daylight hours. As such, we turnover a new leaf and welcome new life as our grass, trees, and perennials come out of dormancy. This year as the Coronavirus vaccine continues its roll out and we welcome a third vaccine onto the market this morning, perhaps this spring we are turning over a ‘new leaf’ in a much more profound way, as we see light at the end of the Coronavirus tunnel.
Developing Good Food Safety Habits
Good habits and habit development are something that has fascinated me for several years. If you’ve attended any the training programs or presentations that my colleagues and I have conducted through our Center for Food Safety in Child Nutrition Programs, you’ve likely heard me opine about the importance of habits and how habits are created. Many times, in foodservice operations we wonder why our staff don’t follow the food safety practices we have established in our operation. Perhaps they don’t wash their hands when they are required, perhaps they just don’t use the proper method of handwashing, or perhaps we find that they don’t complete our HACCP logs as often as our program dictates should occur. And while we can stomp our feet and say “it is their job, they should just do it”, it really isn’t that simple. We can’t order people to change, although if we could, business and human resources would be so much simpler.
Getting Your Playbook for Food Safety Organized
As anyone who has ever worked in a foodservice operation knows, from the time food is received in your establishment to the time it is served to your customers, following proper food safety practices is crucial. What many don’t often think about is this time really should extend from the time the manager places their orders with their suppliers (including which purveyors you utilize), through the time the food is consumed – even if that consumption occurs off your premises and days after the original order was picked up by the guest. This is something that has certainly been highlighted by the pandemic as customers across the nation are utilizing take-out, curbside to go, and third-party delivery options more so now than ever before.
