This information provided by the Food, Pool & Lodging Health and Safety Section of the Office of Environmental Public Health.

Requesting a Variance to the Food Sanitation Rules

Restaurants must apply for a variance before starting any specialized processing, such as curing, vacuum-packaging or acidifying foods as described in OAR 333-150-0000 Chapter 3-502.11. 

Keep in mind variances are not intended for facilities that do not meet rules.  They are for facilities that can show that the rules present an undue burden to their operation and that their proposed alternative will provide public health protection equal to or greater than the measures provided for in the current rules.  All variance applications must be approved before the procedure is put into practice.

• Variance Application Form
  
• HACCP Guidance for Operators

If you have facilities located in several locations statewide, send your application directly to the Department of Human Services, Foodborne Illness Prevention Program, 800 NE Oregon St, Suite 640, Portland, OR 97232. If you have only one location, send your application to the Local Public Health Authority, and they will forward your form to the State Foodborne Illness Prevention Program for evaluation.

Meat Processing (curing/fermenting/smoking for preservation)

Operators doing any of the processes listed on the AFDO (Association of Food and Drug Officials) Advisory for Retail Processing with Proper Controls and Variances for Product Safety, such as curing meat or fermenting sausage, must meet the guidlines set forth in their online protocols.  Applications that do not meet the AFDO guidelines will not be considered.  Operators granted a variance for meat processing may only use the product in the restaurant and may not package for retail sale.

Acidified Foods (hermetically sealed/shelf stable)

1)  Operator will need to provide pH sample results of product from an approved food testing lab

2)  Operator will need to send recipe, pH results and product sample to Process Authority for evaluation

3)  Submit variance application for evaluation

4)  If the product is determined to be an acidified food, the operator needs to successfully complete Better Process School and schedule their process with the FDA in accordance with 21 CFR 114