What is the purpose of a 'variance' from the regulatory authority?

Variance: A written document issued by the regulatory authority (health department) that authorizes a deviation from a specific Food Code requirement.

When required: For specialized processes that carry higher risk, such as: smoking food as a method of preservation (not just flavor); curing food; using food additives or adding components like vinegar to preserve food; reduced-oxygen packaging (ROP/vacuum packaging — Clostridium botulinum risk); sprouting seeds; custom processing of animals; offering live shellfish from a display tank.

Requirements: To obtain a variance, the operator typically must submit a HACCP plan demonstrating how the hazards of the specialized process will be controlled; the regulatory authority reviews and may grant the variance with conditions.

Purpose: Allows establishments to use higher-risk processes safely under documented controls and regulatory oversight — not permission to ignore safety, but to manage a specialized hazard with a validated plan; food managers must know when a variance and HACCP plan are required for specialized processes.