A food establishment shall obtain a variance from the Department as specified in OAC 310:257-15-3 and under OAC 310:257-15-4 before:

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

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

   1. (A) As a method of food preservation rather than as a method of flavor enhancement, or
   2. (B) To render a food so that it is not a Time/Temperature Control for Safety Food;
4. (4) Packaging Time/Temperature Control for Safety Food using a reduced oxygen packaging method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under OAC 310:257-5-64;
5. (5) Operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption;
6. (6) Custom processing animals that are for personal use as food and not for sale or service in a food establishment;
7. (7) Sprouting seeds or beans; or
8. (8) Preparing food by another method that is determined by the Department to require a variance.

Added at 23 Ok Reg 2358, eff 6-25-06

Amended at 28 Ok Reg 2289, eff 11-1-11

Amended at 33 Ok Reg 1520, eff 9-11-16

Amended at 38 Ok Reg 1947, eff 9-11-21