Okla. Admin. Code § 310:257-5-63

Current through Vol. 42, No. 7, December 16, 2024

Section 310:257-5-63 - Variance requirement

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) Smoking food as a method of food preservation rather than as a method of flavor enhancement;

(2) Curing food;

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

(A) As a method of food preservation rather than as a method of flavor enhancement, or

(B) To render a food so that it is not a Time/Temperature Control for Safety Food;

(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) Operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption;

(6) Custom processing animals that are for personal use as food and not for sale or service in a food establishment;

(7) Sprouting seeds or beans; or

(8) Preparing food by another method that is determined by the Department to require a variance.

Okla. Admin. Code § 310:257-5-63

Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021