Section 25-A1010. VARIANCE REQUIREMENT

 

1010.1A food establishment shall obtain a variance from the Department as specified in §§ 4102, 4103, and 4104 before:

 

(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 as a method of  food preservation rather than as a method of flavor enhancement or to  render a food so that it is not potentially hazardous (time/temperature  control for safety food);  Pf

 

(d)Packaging food using a reduced oxygen method except where the growth  of and toxin formation by Clostridium botulinum and the growth of  Listeria monocytogenes are controlled as specified in § 1011; 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;

 

(g)Preparing food by another method that the Department determines  requires a variance; Pf  or 

 

(h)Sprouting seeds or beans. Pf

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246: D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627: D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 2002-103, dated June 18, 2002 and Mayor’s Order 98-139, dated August 20, 1998.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6253 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).