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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD
SUBCHAPTER CFOOD
RULE §228.76Specialized Processing Methods, Variance Requirement

A food establishment shall obtain a variance from the regulatory authority as specified in §228.243(a) and (b) of this title 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 time/temperature controlled for safety;Pf

  (4) packaging time/temperature control for safety (TCS) 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 in §228.77 of this title;Pf

  (5) operating a Molluscan shellfish life-support system display tank used to store and 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, such as indigenous deer processing;Pf

  (7) preparing food by another method that is determined by the regulatory authority to require a variance;Pf or

  (8) sprouting seeds or beans, such as wheat grass and alfalfa sprouts.Pf


Source Note: The provisions of this §228.76 adopted to be effective October 11, 2015, 40 TexReg 6901

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