APH Variance / HACCP Plan Review (sushi rice, raw oysters tanks, curing, smoking, ROP, sprouting): Austin restaurant guide
Austin Public Health — Environmental Health Services
What it is
Under the Texas Food Establishment Rules, specialized processes need a variance and/or an approved HACCP plan before you do them: acidifying sushi rice (time/temperature control by pH), molluscan shellfish life-support display tanks, curing, smoking for preservation, reduced-oxygen packaging (sous vide/vacuum), sprouting, and any method the health authority flags. Raw oysters served from tagged shellstock do not need a variance, but shellstock tags must be kept and a consumer advisory is required for raw/undercooked items.
When a restaurant needs it
Raw bar, sushi, house charcuterie/curing, smoking for preservation, sous-vide/ROP, or any non-standard process.
How to apply
Submit the Variance Request / HACCP Application with the plan and supporting documents by email (ehsd.service@austintexas.gov), mail or in person, and pay $337 per review (first resubmission free).
Documents you’ll need
- HACCP plan (hazards, CCPs, critical limits, monitoring, records)
- Variance cover letter citing the TFER section and how hazards are controlled
- Standard operating procedures and training records
- Lab/pH verification where relevant
Good to know
Opening with sushi or a raw bar without the approved plan is a common pre-opening inspection failure. Keep shellstock tags with the product and on file afterward (the standard retention is 90 days).
Official source
APH — Variance Request / HACCP application · DSHS — TFER variance request procedures
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Last reviewed 2026-10-06. Guidance only, not legal advice.