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PDPH variance / HACCP plan for specialized processes (raw shellfish, sushi, ROP, curing): Philadelphia restaurant guide

Philadelphia Department of Public Health — Office of Food Protection

What it is

Philadelphia's Regulations Governing Food Establishments require a written variance from the Department (§ 46.401) and a HACCP plan (§ 46.1122) before using specialized processing methods such as reduced-oxygen packaging, and a consumer advisory (§ 46.423) on menus for raw or undercooked animal foods like oysters and sushi.

When a restaurant needs it

Serving raw oysters/shellfish, sushi (acidified rice), cured or smoked meats, sous-vide/ROP, or any other process the Food Code lists as needing a variance.

How to apply

Describe the process and submit the HACCP plan/variance request with your plan review to Environmental Health Services; keep shellstock tags per §§ 46.247–46.250.

Documents you’ll need

Fee
No separate fee stated on the regulations
Processing time
Varies — reviewed with plan review
Renewal
Keep the plan and records current; checked at inspections
Who files
Owner or chef prepares; a food-safety consultant often writes the HACCP plan.

Good to know

The plan review application asks for your full menu and process descriptions — flag raw/undercooked items and specialized processes there so the variance is handled before the pre-operating inspection.

Official source

PDPH — Regulations Governing Food Establishments (§§ 46.401, 46.423, 46.1122) · PDPH — Plan review (where to submit)

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Last reviewed 2026-10-06. Guidance only, not legal advice.