N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-2.24

Current through Register Vol. 46, No. 41, October 9, 2024

Section 271-2.24 - Reduced oxygen packaging

(a) A food establishment that packages food using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified under section 271-9.6(d) of this Part and that:

(1) identifies the food to be packaged;

(2) limits the food packaged to a food that does not support the growth of Clostridium bolulinum because it complies with one of the following:

(i) has an a_w of 0.91 or less;

(ii) has a pH of 4.6 or less;

(iii) is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR section 318.7, "Approval of substances for use in the preparation of products," and 9 CFR section 381.7, "Restrictions on the use of substances in poultry products," and is received in an intact package; or

(iv) is a food with a high level of competing organisms such as raw meat or raw poultry;

(v) is a frozen food which does not meet the criteria of subparagraph (i), (ii) or (iii) of this paragraph and is conspicuously labeled, "Important -Keep Frozen Until Use;"

(vi) is a food which contains some other barrier which precludes the growth of Clostridium botulinum;

(3) specifies methods for maintaining food at 41°F (5°C) or less;

(4) describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:

(i) maintain the food at 41°F (5°C) or less; and

(ii) discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;

(5) limits the shelf life to no more than 14 calendar days from packaging to consumption or the original manufacturer's "sell by" or "use by" date, whichever occurs first;

(6) includes operational procedures that:

(i) prohibit contacting food with bare hands;

(ii) identify a designated area and the method by which:

(a) physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination; and

(b) access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation; and

(iii) delineate cleaning and sanitization procedures for food contact surfaces; and

(7) describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:

(i) concepts required for a safe operation;

(ii) equipment and facilities; and

(iii) procedures specified under paragraph (6) of this subdivision and section 271-9.6(d) of this Part.

(b) Except for fish that is frozen before, during and after packaging, a food establishment may not package fish using a reduced oxygen packaging method.

N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-2.24

Repealed New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

Adopted New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff. 12/21/2016