The Request for Variance/Exemption (Food Establishments) is the form a food establishment uses to ask the Houston Health Department – Consumer Health Services for a variance from a requirement of the Houston Food Ordinance. Each variance needs its own application, and page 2 lists the supporting documentation to include. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the Houston Health Department publishes the original at houstonconsumer.org.
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What is Request for Variance/Exemption (Food Establishments) – Houston, TX?
The Request for Variance/Exemption (Food Establishments) is the Houston Health Department – Consumer Health Services form on which a food establishment asks for a variance from a specific section of the Houston Food Ordinance, and explains how it will still meet food safety standards.
The form records the establishment name, address, mailing address, permit number and a contact person (lines 1 to 7). Line 8 asks you to check the type of variance and the ordinance section affected:
- Smoking of Food, 20-21.4(l)(1)(A) and 20-21.4(l)(1)(C)
- Curing of Food, 20-21.4(l)(1)(B)
- Shellstock Identification, 20-21.1(b)(2)
- Under-Cooking Animal Foods, 20-21.4(c)(4)(b)
- Live Molluscan Shellfish Tank, 20-21.4(l)(1)(E)
- Reduced Oxygen Packaging, 20-21.4(l)(1)(D)
- Custom Processing of Animals, 20-21.4(l)(1)(F)
- Sprouting Seeds or Beans, 20-21.4(l)(1)(H)
- Other, written in
The form states that variance requests are covered under Houston Food Ordinance 20-21.4(l)(1) and 20-21.19(e). Page 2, Supporting Documentation Details, sets out the written explanation, procedures, equipment and photos, and HACCP plan that accompany the request. The form concerns food safety rules only; it is not a zoning or land-use document.
Who needs to file Request for Variance/Exemption (Food Establishments) – Houston, TX?
The operator of a food establishment in Houston who wants to operate in a way that departs from a requirement of the Houston Food Ordinance uses this form. The form's list shows the practices it covers, such as smoking or curing food, reduced oxygen packaging, a live molluscan shellfish tank, custom processing of animals, sprouting seeds or beans, under-cooking animal foods and shellstock identification. A situation not on the list can be described on the Other line.
Conditions the form attaches:
- Each variance requires an independent application, so an establishment seeking two variances submits two requests.
- If the request is for specialized food processing, a HACCP plan must be included.
- The person signing certifies that the information is correct and that all relevant material has been provided to the best of their ability.
The form asks for the establishment's permit number on line 4. It names a contact person on lines 5 to 7, who may be a different person from the one who signs.
When to file Request for Variance/Exemption (Food Establishments) – Houston, TX
File the request when your establishment needs a variance from a Houston Food Ordinance requirement, before you carry out the practice that requires it. In the certification you acknowledge that, until the variance is granted, you may be asked to cease operations that require a variance. The form prints no filing deadline or renewal date and does not state a processing time.
Submitting the form does not guarantee approval. If a variance is approved, it is subject to field review and may be revoked for nonconformance with the requirements of the Houston Food Ordinance and the Health Officer. For the status of a pending request, contact Consumer Health Services at 832-393-5100 or [email protected].
Documents you need
- A detailed written description of the reason for the variance request, including the ordinance requirement(s) not in compliance (page 2, item 1).
- Detailed procedures that will be used to ensure the request meets food safety standards (page 2, item 2).
- A list of all equipment, utensils and foods affected, and a copy of the menu disclosure (page 2, item 3).
- Descriptions or photos showing how the variance request will be achieved (page 2, item 3).
- A HACCP plan, only if the variance request is for specialized food processing (page 2, item 4).
How to fill out Request for Variance/Exemption (Food Establishments) – Houston, TX
Enter establishment name and address
Line 1: the Establishment Name. Line 2: the Establishment Address.
Add mailing address and permit number
Line 3: the Mailing Address. Line 4: the Permit Number of the establishment.
Enter the contact details
Line 5: Contact Name. Line 6: Contact Phone Number and, if you have one, FAX Number. Line 7: Contact Email Address.
Check the type of variance
On line 8, check the box for the variance and ordinance section affected. Use Other and write in the request if it is not listed. Complete a separate form for each variance.
Read and certify the statement
Review the certification that the information is correct, that you may be asked to cease operations requiring a variance until it is granted, and that approval is not guaranteed and may be revoked.
Print your name, sign and date
Enter your printed name, signature and date in the certification block.
Describe the reason for the request
On page 2, item 1, explain in detail why you need the variance and name the ordinance requirement(s) not in compliance.
Describe food safety procedures
Item 2: detail the procedures you will use to make sure the request meets food safety standards.
List affected equipment, foods and menu
Item 3: indicate all equipment, utensils and foods affected, include a copy of the menu disclosure, and describe or provide photos of how the variance will be achieved.
Add a HACCP plan if required
Item 4: if the request is for specialized food processing, include a HACCP plan.
Review and download the completed PDF
Check every line and the attachments, then download or print the completed PDF from FillingPDF and send it as described under How to submit.
How to submit Request for Variance/Exemption (Food Establishments) – Houston, TX
The form can be emailed or brought to the Permit Office.
- Email: send the completed form and supporting documentation to [email protected].
- In person: deliver it to the Permit Office, 8000 N. Stadium Dr. Houston TX, 77054.
Include the page 2 supporting documentation, and a HACCP plan if the request is for specialized food processing. The form names no other submission channel. The Houston Health Department lists 832-393-5100 for questions, and its letterhead gives PO Box 300008 Houston, TX 77230-0008. The form does not say that mailed requests are accepted at that address, so confirm with the department before mailing. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Combining several variances on one request; the form says each variance requires an independent application.
- Submitting the form without the page 2 supporting documentation of the reason, procedures, and impacted equipment, utensils and foods.
- Leaving out a HACCP plan when the request is for specialized food processing.
- Not naming the ordinance requirement(s) not in compliance in the description of the reason for the request.
- Checking a variance type that does not match the ordinance section involved, or skipping the Other line for a situation not on the list.
- Continuing operations that require a variance before it is granted; the certification says you may be asked to cease them.
- Treating submission as approval; the form states that submitting does not guarantee the variance will be approved.
- Sending the form unsigned or without a printed name and date in the certification block.
Frequently asked questions
What is the Request for Variance/Exemption for food establishments?
It is the Houston Health Department – Consumer Health Services form for asking permission to vary from a Houston Food Ordinance requirement. You check the variance type on line 8 and attach a written explanation, procedures, equipment details and photos.
Is this a Houston zoning form?
No. Although people may search for Houston zoning, this form asks for a variance from sections of the Houston Food Ordinance, such as 20-21.4(l)(1) and 20-21.19(e). Nothing on it addresses zoning or land use.
Can I request more than one variance on a single form?
No. The form states that each variance requires an independent application. If your establishment needs two variances, such as curing food and reduced oxygen packaging, complete and submit a separate request for each.
Do I need a HACCP plan with my variance request?
Only if the request is for specialized food processing. Page 2, item 4 says a HACCP plan must be included in that case. Other requests need the written reason, procedures, and equipment, foods, menu disclosure and photos listed in items 1 to 3.
Where do I send the Houston variance request?
Email it to [email protected] or bring it to the Permit Office at 8000 N. Stadium Dr. Houston TX, 77054. The form names no other channel. For questions, call the Houston Health Department at 832-393-5100.
Does submitting the form mean my variance is approved?
No. The certification states that submitting the application in no way guarantees approval. If a variance is approved, it is subject to field review and may be revoked for nonconformance with the Houston Food Ordinance and the Health Officer's requirements.
Can I keep operating while my variance request is pending?
Not necessarily. In the certification you acknowledge that until the variance is granted you may be asked to cease operations that require a variance. Contact Consumer Health Services at 832-393-5100 if you are unsure about a specific practice.
Can I fill out this variance form online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not submit the request to the Houston Health Department; you email or deliver it yourself.
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