{"data":{"id":"us-va/12vac5-421-860","jurisdiction":"us-va","citation":"12VAC5-421-860","heading":"Variance requirement","body":"A food establishment shall obtain a variance from the department as specified in 12VAC5-421-3570 and 12VAC5-421-3580 before:Pf\n\n1. Smoking food as a method of food preservation rather than as a method of flavor enhancement; Pf\n\n2. Curing food;Pf\n\n3. Using food additives or adding components such as vinegar:Pf\n\na. As a method of food preservation rather than as a method of flavor enhancement;Pf or\n\nb. To render a food so that it is not a time/temperature control for safety food; Pf\n\n4. 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\n\n5. Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;Pf\n\n6. Custom processing animals that are for personal use as food and not for sale or service in a food establishment;Pf\n\n7. Sprouting seeds or beans;Pf or\n\n8. Preparing food by another method that is determined by the department to require a variance.Pf","path":["Title 12. Health","Agency 5. Department of Health","Chapter 421. Food Regulations","Part III. Food","Article 5. Limitation of Growth of Organisms of Public Health Concern"],"source_url":"https://law.lis.virginia.gov/admincode/title12/agency5/chapter421/section860/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:50:14Z","sha256":"466a059f8ea36ee154a4af401e1fac31a34e1e7f374aa127f5b1554c423066b5","source_id":"us-va-vac","stale":false,"prev":"us-va/12vac5-421-850","next":"us-va/12vac5-421-870"},"notice":"GroundRules: Original legal text. Not legal advice."}