What Is A Variance In Food Service

Food Institution Variances & Modifications

• Variance Definition
• When a Variance is Required
• Renewal
• Variance Verification
• Remodel or Sale of Business
• Revocation
• HACCP Plans

"Variance" means a written document issued by the Department that authorizes a modification or waiver of ane or more requirements of this Chapter, if, in the stance of the Section, a wellness hazard or nuisance will not outcome from the modification or waiver.

310:257-fifteen-3. Modifications and waivers

(b) Variances requested pursuant to this Subchapter are subject to approval past the Section. In gild to accept the variance canonical, a license holder must submit a written application on a form provided past the Department. Any variance request shall be deemed denied unless the license holder subsequently receives notice of approving from the Department.

Click hither for a variance application.  The variance application may be submitted to the county health department where the establishment is located.

Variances must be approved for the following operations:

310:257-5-63. Variance requirement Pf

A food institution shall obtain a variance from the Section equally specified in OAC

310:257-15-3 and nether OAC 310:257-15-four before:

(1) Smoking food every bit a method of food preservation rather than every bit a method of season enhancement;

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

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

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

(4) Packaging Time/Temperature Control for Safety Nutrient using a reduced oxygen packaging method except where the growth of and toxin germination by Clostridium botulinum and the growth of Listeria monocytogenes are controlled equally specified under OAC 310:257-5-64;

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

(6) Custom processing animals that are for personal use every bit food and non for sale or service in a nutrient establishment;

(vii) Sprouting seeds or beans; or

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

Or, a variance may be requested if an establishment has an existing, nonconforming utilise that existed on or before the effective appointment of a rule change.

310:257-xv-three (a) Whenever the Department adopts new rules or apology existing language in this Affiliate, the owner of a food institution may request that a variance be granted on any nonconforming use that may then exist, on or before the constructive date of the rule change, at the license holder's place of operation. Such variance shall only exist granted for the term of the current license period, or less.

Variances must be renewed annually prior to the expiration of the current license.  The Department will include a re-create of the previous year's variance application with the renewal discover which may be updated and resubmitted.  If non received, click hither for a variance application to submit a renewal.

310:257-xv-3(d)... Prior to the expiration of the current license, the licensee must apply in writing for renewal of the variance, on a form provided by the Section. The process for approval of the renewal is the same every bit the process for granting the original variance. Each "renewal" shall be considered a new, split variance, and must exist independently justified.

The food establishment printed license volition have a "-5" denoted at the end of the proper name of any establishment with a valid variance.  Whatsoever person with questions may contact the Oklahoma State Section of Health at ConsumerHealth@health.ok.gov or 405-271-5243 to verify the exact nature of the variance.

It is recommended any person purchasing a food establishment should verify the nature of the variance as whatever variance for a nonconforming use will exist required to be updated to current code and will not exist reissued.

At any fourth dimension a business is modified or sold, the employ which was nonconforming must be updated to be in compliance with electric current rules:

310:257-15-3. (c) If the license holder replaces the equipment or reconstructs the portion of the facility that is the subject of the variance, the new equipment or structure must conform to the rules of this Affiliate.

310:257-15-3. (eastward) Variances are not considered to be part of the license and may be revoked at any time, for any reason, past the Department. The licensee shall not be entitled to a hearing prior to revocation, merely volition be provided written find of whatsoever revocation along with instructions that the licensee must come into compliance by a engagement certain.

HACCP stands for Chance Analysis Critical Control Point.  In some instances, a variance will require a HACCP Programme.  For more than information on what a HACCP plan is and what it contains, click here.

Location and Contact Data

Mailing Address:
Consumer Health Service
PO Box 268815
Oklahoma City, OK 73126

Physical Location:
Oklahoma Country Department of Wellness
Consumer Health Service
1000 Northward.Due east. 10th Street
Oklahoma City, OK 73117

Contact Information:
Telephone: (405) 271-5243
Fax:     (405) 271-5286
E-mail: CHSLicensing@wellness.ok.gov

What Is A Variance In Food Service,

Source: https://oklahoma.gov/health/protective-health/consumer-health-service/foods/variances.html

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