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.

Be Prepared—Norovirus Clean-Up Procedures

We are used to daily cleaning and sanitizing procedures, but norovirus clean-up is very different so it is important to be prepared. You should use these procedures if a norovirus outbreak occurs in your operation or if there is any vomiting event.   You might be asking how do you know that norovirus was the cause of a vomiting incident. Well, at the time it occurs you won’t know. So the appropriate action is to assume that all vomiting may be caused by norovirus and clean it up as if it were. It is always better to err on the side of caution.

Holiday Food Safety RX

There is always a lot to do during the holiday season with extra shopping, baking, social events, decorating, travel, and other tasks to complete. It is not uncommon to hear the rattle of OTC (over the counter) pain killers in other’s personal bags! In this blog, Jeannie and I offer our prescription for keeping food safety during the holidays.

Holiday Health

The holidays are here! (A reminder just in case you haven’t seen store decorations and TV ads!). This IS a special time of year with gatherings of friends and families to celebrate, reflect, and partake of food and drink. However, it is also the time of year where the Germ Grinch and excess stress can spoil all the fun. Don’t let that happen on your watch! Common sense practices, based on research and publications by CDC, can keep the Grinch at bay. FoodHandler® also focused on this topic in a recent webinar. In this blog, our first for December, some tips on how to stay healthy during the holidays (and the rest of the year) will be covered while the second blog will address some food handling and service strategies to keep you and your guests safe.