Enjoying a dish cooked “sous vide” at one of the many Seattle restaurants that use the high-tech technique? Chances are the restaurant is unwittingly violating county health codes.

The King County Health Department recently notified restaurants that the sous vide process — cooking vacuum-sealed food in water baths at low, precisely-controlled temperatures — requires a variance from the health department, as well as an approved Hazard Analysis and Critical Control Points (HACCP) plan, a detailed food safety plan more commonly seen in large-scale or industrial operations. 

The first (and only, to date) legal kid on the block? It looks to be four-star Crush on Madison, where chef-owner Jason Wilson is legendary for his aromatic, tender, sous-vide short ribs, and employs the technique for other ingredients from carrots to calamari. Crush has been working on its plan for weeks, and recently submitted it (along with $400 in new fees) and provided inspectors with a sous vide class and demonstration. Chef-owner Jason Wilson thought last night the plan had been approved; the health department said approval was “really close.” 

Don’t blame restaurants if they don’t have a plan on the books, though — chances are they had no idea they needed one. Restaurants statewide, not just in King County, have technically been required to get the variance since 2005, a health department spokeswoman said, following changes in the state food code. The department only recently realized, though, that sous vide cooking was increasingly common in Seattle restaurants. Many — if not most — high-end restaurants use the techniques, whether advertised on the menu or not. Chefs love sous vide cooking for its even precision, for the way it preserves and even intensifies flavors, allowing them to play with taste and texture. 

The regulations stem from food safety worries, chiefly fears that the low temperatures and oxygyn-free environment  could increase the risk of botulism. Sous vide cooking has been similarly regulated in New York, where, the New York Times reported, plans must “include step-by-step specifications that regulate how the food is packaged, what equipment is used to cook it, what internal temperature the food must reach, and how it is chilled. The rules require cooks to use expensive water immersion units or combination convection ovens and industrial vacuum-packaging machines.”

In King County, the health department recently alerted restaurants to the requirements, and are working with them to get on board. 

If they’re serving sous vide food now, it’s technically against the health code — but inspectors are not giving cease and desist orders, they’re letting the restaurants they work with know they’ll either have to start the permit process or cook up something different on the menu.

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