A variance to the food code may be granted if what condition is met?

A variance to the food code may be granted when it can be demonstrated that a health hazard is not expected as a result of the variance. This means that the proposed change, while deviating from standard food safety regulations, does not pose an increased risk to public health or safety. Variances are typically considered in situations where an establishment can prove that they have alternative methods or controls in place that are equally effective in preventing foodborne illness or contamination, ensuring that the safety of the food being served is not compromised.

The rationale behind this is rooted in the primary objective of the food code, which is to safeguard public health. If granting a variance would not compromise health safety and the establishment can provide supporting evidence that their practices will maintain safety, then a variance may be allotted.

In contrast, simply best serving the operator's interests, having trained employees, or strictly adhering to food code requirements does not itself qualify for a variance. These factors, while important for overall food safety and operational success, do not address the critical concern of potential health risks associated with any deviation from established food safety protocols.