Variance requirement.* A retail food establishment shall obtain a variance from the regulatory authority as specified in 20 CAR § 197-103(a) and 20 CAR § 197-103(b) before: ^Pf

1. (1) Smoking food as a method of food preservation rather than as a method of flavor enhancement; ^Pf
2. (2) Curing food; ^Pf

3. (3) Using food additives or adding components such as vinegar: ^Pf

   1. (A) As a method of food preservation rather than as a method of flavor enhancement; ^Pf or
   2. (B) To render a food so that it is not time/temperature control for safety food; ^Pf
4. (4) Packaging time/temperature control for safety food using a reduced oxygen packaging method except where the growth of a toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified in 20 CAR § 192-503; ^Pf
5. (5) Operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption; ^Pf
6. (6) Custom processing animals that are for personal use as food and not for sale or service in a retail food establishment; ^Pf
7. (7) Preparing food by another method that is determined by the regulatory authority to require a variance; ^Pf or
8. (8) Sprouting seeds or beans. ^Pf