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.
Getting Started with Building the Infrastructure
Hopefully in our first January blog, we convinced you of the importance of establishing an infrastructure within your operation to support a safe food culture. So, how does one go about doing this? Well, like any major project, break it into small bites. In our opinion, having a written guide for employees that documents expectations related to food safety basics of employee health and hygiene, temperature controls, and cleaning and sanitizing is the first step. Having this documentation serves as a reference for training and helps fulfill the mission of most foodservice operators which is to serve safe, quality food.
Food Safety Resolutions for the New Year
Finally, 2020 is in our rearview mirror and we can all turn the page to 2021! Resolutions for the new year might be more of the same from prior years (lose weight, exercise more, less screen time, etc.) OR you may have identified new practices to implement in your operation. If the latter, likely goals included some practices related to food safety – especially given the turmoil of 2020 and heightened concern by customers. It is our philosophy that attention to safe food handling practices is a win-win for any operation because of the direct relationship between food safety and food quality, which in turn leads to customer satisfaction. This past year has also demonstrated that attention to safety can affect the bottom line. Thus, the topic of our first SafeBites webinar for 2021 is on the topic of the return on investment of food safety, it is scheduled for January 20, so register now and please plan to attend.
To Toss or Not to Toss? That is the question.
Our first blog for the month emphasized the basic safe food practices needed to keep you and your guests healthy (and happy!), especially during these times of COVID. The impact of foodborne illness can range from an uncomfortable few days to hospitalization or death. Foodborne illness IS preventable and the steps taken to keep food safe also maintain quality of food, and ultimately profitability. Think of attention to food safety as part of quality control and a win-win business strategy. Knowledge about food safety can be helpful when controlling costs as making wise decisions when determining the fate of unserved food can affect the bottom line.
Holiday Food Safety Controls
In case you have not noticed - the holidays are here! We have seen store decorations up since mid-September and early bird deals advertised for several weeks, stretching the typical Black Friday deals throughout the month as retailers strive to ensure market share, while following increasingly stringent mandates for physical distancing
