Okla. Admin. Code § 310:257-5-64

Current through Vol. 41, No. 19, June 17, 2024

Section 310:257-5-64 - Reduced oxygen packaging without a variance, criteria

(a) Except for a food establishment that obtains a variance as specified under OAC 310:257-5-63, a food establishment that packages Time/Temperature Control for Safety Food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.

(b) Except as specified under paragraph (f) of this Section, a food establishment that packages Time/Temperature Control for Safety Food using a reduced oxygen packaging method shall implement a HACCP plan that contains the information specified under OAC 310:257- 15-9(2) and OAC 310:257-15-9(4) and that:

(1) Identifies the food to be packaged;

(2) Except as specified in (c) through (e) of this Section, requires that the packaged food shall be maintained at 5°C (41°F) or less and meet at least one of the following criteria:

(A) Has an aw of 0.91 or less,

(B) Has a pH of 4.6 or less,

(C) Is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR, Part 424.21 . Use of food ingredients and sources of radiation, and is received in an intact package, or

(D) Is a food with a high level of competing organisms such as raw meat or raw poultry or raw vegetables;

(3) 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:

(A) Maintain the food at 5°C (41°F) or below, and

(B) Discard the food if within thirty (30) calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;

(4) Limits the refrigerated shelf life to no more than thirty (30) calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first;

(5) Includes operational procedures that:

(A) Prohibit contacting ready-to-eat food with bare hands as specified under OAC 310:257-5-21(b),

(B) Identify a designated work area and the method by which:

(i) Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination, and

(ii) Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation, and

(C) Delineate cleaning and sanitization procedures for food-contact surfaces;

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

(A) Concepts required for a safe operation,

(B) Equipment and facilities, and

(C) Procedures specified under paragraph (b) (5) of this Section, OAC 310:257- 15-9(2) and OAC 310:257-15-9(4); and

(7) Is provided to the Department prior to implementation as specified under OAC 310:257-15-(8)(b).

(c) Except for fish that is frozen before, during, and after packaging and bears a label indicating that it is to be kept frozen until time of use, a food establishment may not package fish using a reduced oxygen packaging method.

(d) Except as specified under paragraphs (c) and (f) of this Section, a food establishment that packages Time/Temperature Control for Safety Food using a cook-chill or sous vide process shall:

(1) Provide to the Department prior to implementation, a HACCP Plan that contains the information as specified under OAC 310:257-15-9;

(2) Ensure the food is:

(A) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer;

(B) Cooked to heat all parts of the food to a temperature and for a time as specified under OAC 310:257-5-46 through 48;

(C) Protected from contamination before and after cooking as specified under OAC 310:257-5-21 through OAC 310:257-5-45;

(D) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below 57°C (135°F);

(E) Cooled to 5°C (41°F) in the sealed package or bag as specified under 310:257-5-57 and:

(i) Cooled to 1°C (34°F) within forty-eight (48) hours of reaching 5°C (41°F) and held at that temperature until consumed or discarded within thirty (30) days after the date of packaging;

(ii) Held at 5°C (41°F) or less for no more than seven (7) days, at which time the food must be consumed or discarded; or

(iii) Held frozen with no shelf life restriction while frozen until consumed or used;

(F) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily;

(G) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation; and

(H) Labeled with the product name and the date packaged; and

(3) Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP Plan and:

(A) Make such records available to the regulatory authority upon request; and

(B) Hold such records for at least six (6) months; and

(4) Implement written operational procedures as specified in (b)(5) of this Section and a training program as specified in (b)(6) of this Section.

(e) Except as specified in paragraph (f) of this Section, a food establishment that packages cheese using a reduced oxygen packaging method shall:

(1) Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the food establishment and that meet the Standards of Identity as specified in 21 CFR 133:150 Hard cheeses, 21 CFR Section 133.169 Pasteurized process cheese or 21 CFR Section 133.187 Semisoft cheeses;

(2) Have a HACCP Plan that contains the information specified in OAC 310:257-15-9(2), OAC 310-15-9(4), and specified in (b)(1), (b)(3)(A), (b)(5) and (b)(6) of this Section;

(3) Labels the package on the principal display panel with the "use by" date that does not exceed thirty (30) days from its packaging or the original manufacturer's "sell by" or "use by" date, whichever occurs first; and

(4) Discards the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within thirty (30) calendar days of its packaging.

(f) A HACCP Plan is not required when a food establishment uses a reduced oxygen packaging method to package Time/Temperature Control for Safety Food that is always:

(1) Labeled with the production time and date;

(2) Held at five 5°C (41°F) or less during refrigerated storage; and

(3) Removed from its package in the food establishment within forty-eight (48) hours after packaging.

Okla. Admin. Code § 310:257-5-64

Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021