Statutes, codes, and regulations
Delaware Administrative Code
Title 16 - Health and SafetyDepartment of Health and Social ServicesDivision of Public HealthHealth Systems Protection (HSP)State of Delaware Food CodeChapter 3 - FoodPart 3-5 - LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH CONCERN
Subpart 3-502 - Specialized Processing Methods
Section 3-502.11 - Variance Requirement

16 Del. Admin. Code § 3-502.11

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Current through Register Vol. 28, No. 7, January 1, 2025
Section 3-502.11 - Variance Requirement

A FOOD ESTABLISHMENT shall obtain a VARIANCE from the REGULATORY AUTHORITY as specified in § 8-103.10 and under § 8-103.11 before: Pf

(A) Smoking FOOD as a method of FOOD preservation rather than as a method of flavor enhancement; Pf
(B) Curing FOOD; Pf
(C) Using FOOD ADDITIVES or adding components such as vinegar: Pf
(1) As a method of FOOD preservation rather than as a method of flavor enhancement, Pf or
(2) To render a FOOD so that it is not TIME/TEMPERATURE CONTROL OF SAFETY FOOD; Pf
(D) Packaging TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN PACKAGING method except where the growth of and toxin formation by Clostridium botulinumand the growth of Listeria monocytogenesare controlled as specified under § 3-502.12; Pf
(E) Operating a MOLLUSCAN SHELLFISH life-support system display tank used to store or display shellfish that are offered for human consumption;pf
(F) Custom processing animals that are for personal use as FOOD and not for sale or service in a FOOD ESTABLISHMENT; Pf
(G) Preparing FOOD by another method that is determined by the REGULATORY AUTHORITY to require a VARIANCE; Pf or
(H) Sprouting seeds or beans. Pf

16 Del. Admin. Code § 3-502.11

17 DE Reg. 1084( 5/1/2014) (Final)