Health and Safety Code section 113936

“Variance” means a written document issued by the department that allows the use of an alternative practice or procedure based on a determination by the department that the alternate practice or procedure is equivalent to the existing requirements, and that a health hazard will not result from the alternative practice or procedure. A variance may be issued in the following circumstances:

(a)

For employee hygiene, as described in subdivision (e) of Section 113953, and Section 113953.3 and 113953.4.

(b)

For protection of food from contamination, as described in Section 113984, 113986, 113988, and 113992.

(c)

For time as a public health control, as described in Section 114000.

(d)

For cooling time and methods, as described in Section 114002 and 114002.1.

(e)

For cooking and reheating temperatures for potentially hazardous food, as described in Section 114004, 114008, 114010, and 114016.

(f)

For use of raw shell eggs in foods that are not thoroughly cooked, as described in Section 114012.

(g)

For thawing of frozen food, as described in Section 114020.

(h)

For receiving temperatures of potentially hazardous foods, as described in Section 114037.

(i)

For reduced-oxygen packaging of potentially hazardous food, as described in Section 114057 and 114057.1.

(j)

For sanitization methods for food-contact and nonfood-contact surfaces, as described in Section 114099.6, 114109, 114117, 114119, and 114121.

(k)

For dispensing bulk potentially hazardous food from vending machines as described in subdivision (c) of Section 114145.

Source: Section 113936, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=HSC§ionNum=113936.­ (accessed May 4, 2025).

Last Updated

Apr. 24, 2025

§ 113936’s source at ca​.gov