Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 421. Food Regulations

12VAC5-421-860. Variance requirement.

A food establishment shall obtain a variance from the department as specified in 12VAC5-421-3570 and 12VAC5-421-3580 before:Pf

1. Smoking food as a method of food preservation rather than as a method of flavor enhancement; Pf

2. Curing food;Pf

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

a. As a method of food preservation rather than as a method of flavor enhancement;Pf or

b. To render a food so that it is not a time/temperature control for safety food; Pf

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 12VAC5-421-870;Pf

5. Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;Pf

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

7. Sprouting seeds or beans;Pf or

8. Preparing food by another method that is determined by the department to require a variance.Pf

Statutory Authority

§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.

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