Section 2-1-4-01-102 - Retail Salvage Food Operation1. General. Retail Salvage food operations shall comply with all applicable sections of the current Food Code except as otherwise provided in this section.2. Handling of Distressed Merchandise. a. Segregation of Merchandise. All salvageable merchandise shall be promptly sorted and segregated from non-salvageable merchandise to prevent further contamination of the merchandise to be reconditioned for sale or distribution.b. Movement of Distressed Merchandise. It shall be the duty of any person owning or having possession of distressed merchandise to make personal contact with the Regulatory Authority within 24 hours after the merchandise becomes distressed and prior to its removal from the place where located when it became distressed merchandise. If emergency removal of distressed merchandise is required, notice to the Regulatory Authority shall be made as soon thereafter as possible. It shall be the duty of the processing facility to make contact with the Regulatory Authority within forty-eight (48) hours whenever distressed merchandise subject to the provisions of this regulation is obtained.c. Transporting of Distressed Merchandise. Distressed merchandise shall be moved from the site of a fire, flood, wind storm, hurricane area, sewer backup, wreck or other cause as expeditiously as possible after compliance with paragraph (2)(b) above so as not to become putrid, rodent or insect harborages, or otherwise a menace to public health. All distressed and salvageable merchandise of a perishable nature shall, prior to reconditioning, be transported only in vehicles provided with sufficient refrigeration and freezing capabilities if necessary for product maintenance. No interstate movement of known embargoed merchandise shall be made without the prior approval of the Regulatory Authority and the responsible State agency in the State to receive the merchandise. Concurrence shall also be obtained from the U.S. Department of Health and Human Services, Food and Drug Administration prior to interstate movement.3. Reconditioning of Distressed Merchandise. a. All metal cans of food offered for sale or distribution shall be essentially free from rust (pitting) and dents (causing any deformation at the rim, end double seams and/or side seams). Leakers, springers, flippers, and swells shall be deemed unfit for sale or distribution. Containers, including metal and glass containers with press caps, screw caps, pull rings or other types of openings which have been in contact with liquid foam, or other deleterious substances, as a result of fire fighting efforts, flood, sewer backups or similar mishaps, shall be deemed unfit for sale or distribution, i.e., nonsalvageable merchandise as defined in section 101(2) of this chapter.b. All food in containers, bags or packages where the container, bag or package has been torn or damaged, whereby the contained food has been exposed, except that if the owner of such food can demonstrate that said food was in a clean environment at the time of exposure, the container, bag or package may be repaired or replaced.c. All containers of food being sold after the stated expiration date must be in sound condition and the expired date must be visible.d. All metal containers of food, other than those mentioned in (a.) above, whose integrity has not been compromised and whose integrity would not be compromised by the reconditioning, and which have been partially or totally submerged in liquid foam, or other deleterious substance as the result of flood, sewer backup or other reasons shall, after thorough cleaning, be subjected to sanitizing rinse of a concentration of 100 ppm available chlorine for a minimum period of one minute, or shall be sanitized by another method approved by the Regulatory Authority. They shall subsequently be treated to inhibit rust formation.4. Labeling of Distressed Merchandise.a. Label Removal. Any cans showing surface rust shall after having their labels removed, be inspected and destroyed if they contain pinholes. If salvageable, they shall then be cleaned by a method approved by the Regulatory Authority before relabeling. Any container of food with the label or mandatory information missing, that cannot be identified and relabeled correctly, shall not be sold. When original labels are missing or illegible, relabeling or overlabeling is required.b. Relabeling. All salvageable merchandise shall be labeled to indicate that the merchandise has been salvaged. All salvaged merchandise in containers is to be provided with labels meeting the requirements of the Food, Drug, and Cosmetic Act, Fair Packaging and Labeling Act, National Labeling and Education Act of 1990, and regulations promulgated under these Acts for products in interstate commerce. Where original labels are removed from containers which are to be resold or redistributed, the replacement labels must show as the distributor the name and address of the salvage processing facility as well as the date of reconditioning for sale or distribution.5. Non-Salvageable Merchandise. a. Handling. Foods contaminated and/or adulterated by pesticides or other chemicals; potentially hazardous foods (frozen or those requiring refrigeration) which have been exposed to a temperature above 41° F (5° C); foods found unfit for salvage on examination; and foods packaged in paper or other porous materials which have been subject to contamination shall be deemed to be non-salvageable merchandise, as defined in section 101(2).b. Distribution. Non-salvageable merchandise shall not be sold or distributed as human food, but shall be disposed of in a manner approved by the Regulatory Authority.6. Records. All persons or firms engaged in the business of selling or offering to sell food commonly known as salvage food or distressed food shall keep accurate records pertaining to the source and history of all shipments of said food received by them, type of damaged and the salvaged process conducted. It shall include records of the disposition of said food that was later disposed of or destroyed as unsalvageable or adulterated. Said records shall be kept for a minimum of one year and be available for inspections and/or copying during business hours by the Regulatory Authority.2 Miss. Code. R. § 1-4-01-102
Miss. Code Ann. § 69-1-18.