**All Food Service Variance Approvals Paused Until Fall 2022**
Due to staffing shortages at the Oregon Health Authority, we are not able to process and approve variances at this time. We are hoping to be able to hire and train new staff over the summer and be able to resume activities in the fall. Thank you for your patience during this challenging time.
Requesting a Variance to the Food Sanitation Rules
Restaurants must have a variance approved by the Oregon Health Authority (OHA) before starting any specialized processing, such as curing, vacuum-packaging, canning 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.
To Apply - Restaurants Conducting Special Processes
Please fill out the
Variance Application Form (pdf) and send your application packet and $500 application fee directly to the Oregon Health Authority, Foodborne Illness Prevention Program, 800 NE Oregon St, Suite 640, Portland, OR 97232. In the charts below you can find specific checklists of what needs to be sumitted for each process as part of the application packet.
To Apply - Mobile Food Units Asking to Cater
Please fill out the
Variance Application Form (pdf), and send the information requested on the
checklist along with the $500 application fee directly to the Oregon Health Authority, Foodborne Illness Prevention Program, 800 NE Oregon St, Suite 640, Portland, OR 97232.
Common Processes
Acidified Foods (hermetically sealed/shelf stable)
Remember: You can avoid a variance by having a licensed copacker make and package your food for retail sale. Before you choose a copacker for your product, here is some guidance (pdf) for use in the selection and contracting process.
To Proceed with an Acidified Food Variance:
- Have product tested for pH at an approved food testing lab
- Send recipe and pH results to Process Authority for evaluation
- Submit Process Authority letter, variance application, and all test results to Oregon Health Authority (OHA) for evaluation
- 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. For more information on Better Processing School or to find a process authority for your acidified food product, contact:
Canned Fruit Jams and Jellies
Canned Fruit Jams and Jellies for Retail Sale
NO VARIANCE REQUIRED
In Oregon, these products are covered under the Combination Facilities Agreement with the Department of Agriculture. However, there are requirements the operator must meet:
- Facility needs to meet 21 CFR 150-Standards of Identity
- Product must be properly labeled if retailed
- Facility must send sample to lab for BRIX/TSS (total soluble solids) test. There are several food testing labs in Portland to choose from. The required parameters are listed in the Standards of Identity for each product.
- The operator should keep the lab results on file in the facility (and should re-test if recipe changes)
Examples of Special Processes and Required Regulation
House-made Product Examples |
Within code, so no additional requirements or paperwork |
HACCP Plan must be submitted to County Environmental Health Before Starting Process |
Variance application and HACCP Plan must be approved by the State Oregon Health Authority Before Starting Process |
Bacon, Corned Beef
Special Process: Curing Nitrites/Nitrates See Fact Sheet #3
Health Concerns with Process: Nitrites/nitrates are federally regulated under 21 CFR 172.170 and 175.
Jamaican Villa - Saltpetre |
- Use of a natural cure consisting of sugar, salt and spices or natural colorings like paprika and celery salt.
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Not applicable |
- Use of a commercial cure for flavor/color with 7-day datemark of final product, and/or;
- To extend shelf life of product and/or use of non-commercially prepared salt cure (ex: nitrite powder).
- See Processing Guidance #1
|
Prosciutto, Summer sausage, Jerky
Special Process: Curing-Drying See Fact Sheet #3
Health Concerns with Process: France Salaisons du Lignon Dried Sausage - Salmonella
Uncooked, Semi-Dry Fermented Sausage -Non O157 E. coli
Sausage and Jerky - E. coli O157:H7 |
- Using a brine/rub of natural ingredients, with product dried under refrigeration with 7-day datemark of final product.
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Not applicable
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Breaking down bulk package of raw steaks into single serving vacuum packages
Special Process: Reduced Oxygen Packaging-Vacuum Packaging See Fact Sheet #2 |
- Food stored in sealed bag for 48H or less.
- Inspectors - See Guidance #02-12
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Marinating meats prior to bagged cooking
Cooling bulk batches of soups/sauces in vacuum packages
Special Process: Reduced Oxygen Packaging -Sous Vide/Cook Chill See Fact Sheet #4 |
- Food stored in sealed bag for 48H or less.
- Inspectors - See Guidance #02-12
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Jams, Pickles, Salsa
Special Process: Reduced Oxygen Packaging - Canning
See Fact Sheet #22 See Fact Sheet #23
Health Concerns with Process: Botulism from home canned beets
Castleberry's Hot Dog Chili Sauce? |
Jams/jellies if:- Product meets 21 CFR 150 - Standards of Identity
- Product is properly labeled if retailed: Oregon Food Safety website
- Facility must send sample to lab for BRIX/TSS test. The required parameters are listed in the Standards of Identity for each product.
- The operator should keep the lab results on file in the facility (and should re-test if recipe changes)
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Not applicable
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- Pickles, salsas and sauces are frequently acidified foods. These are subject to federal regulation if they are a sealed, shelf-stable product
- See Processing Guidance #5
- If the product is a shelf-stable acidified food, a license by Oregon Department of Agriculture will be required instead of a variance from OHA.
|
BBQ Sauces, Marinades, Dressings
Special Process: Reduced Oxygen Packaging - Bottling Sauces for Retail Sale
See Fact Sheet #22
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1) Unsealed bottles, held at 41F with 7day datemark and properly labeled
2) Unsealed bottles, extended shelf life under refrigeration:
a. Provide pH sample results of product from an approved food testing lab and have a water activity and pH that demonstrate the product to be non-potentially hazardous
b. Operator must keep all product under refrigeration and label 'Keep Refrigerated'
c. Operator must submit sample to lab to determine shelf life of product
d. Product must be properly labeled for retail sale
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Not applicable
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- Any hermetically sealed, shelf stable product
- See Processing Guidance #5
- If the product is a shelf-stable acidified food, a license by Oregon Department of Agriculture will be required instead of a variance from OHA.
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Alfalfa Sprouts, Mung Bean Sprouts
Special Process: Sprouting Seeds/Beans
See Fact Sheet #14
Health Concerns with Process: Multistate Outbreak of Salmonella Enteritidis Infections Linked to Bean Sprouts
Multistate Outbreak of Human Salmonella Newport Infections Linked to Raw Alfalfa Sprouts
Multistate Outbreak of Shiga toxin-producing Escherichia coli O121 Infections Linked to Raw Clover Sprouts |
Not applicable
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- If all product will be cooked to at least 165F prior to service
- If product will be served raw or lightly cooked.
- See Processing Guidance #6
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Sushi Rice, 1000 Island Dressing
Special Process: On Site Acidification
See Fact Sheet #22 |
- Combining all non-potentially hazardous (naturally acidic) ingredients together to hold at room temp for use.
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Not applicable
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- If acid is added to a product to render it non-hazardous and it is held at room temperature longer than the 4 hours allowed in rule and/or reduced oxygen packaged.
- See Processing Guidance #7
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All Other Processes
Special Process: All processes not addressed above |
Not applicable
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Not applicable
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