3717-1-03.4(J) Food: limitation of growth of organisms of public health concern

Variance requirement. The license holder is obligated to obtain a variance from the Ohio department of health if an operation is a food service operation, or from the Ohio department of agriculture if an operation is a retail food establishment before:

(1)

Smoking food as a method of food preservation rather than as a method of flavor enhancement;

(2)

Curing food;

(3)

Except as specified in rule 3717-1-08.4 of the Administrative Code, 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 a time/temperature controlled for safety food;

(4)

Packaging time/temperature controlled 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 paragraph (K) of this rule;

(5)

Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;

(6)

Custom processing of animals that are for personal use as food and not for sale or service in a food service operation or retail food establishment if the processing is not done in compliance with rule 3717-1-08.2 of the Administrative Code;

(7)

Pressing or bottling juice unless the processing is done in compliance with rule 3717-1-08 of the Administrative Code;

(8)

Use of a heat treatment dispensing freezer in a manner other than as specified in rule 3717-1-08.1 of the Administrative Code;

(9)

Preparing food by another method that is determined by the Ohio department of health or Ohio department of agriculture to warrant a variance; or

(10)

Sprouting seeds or beans.