Current through Register Vol. 54, No. 44, November 2, 2024
Section 46.1122 - HACCP plans(a)When an HACCP plan is required.(1) Before engaging in an activity that requires an HACCP plan, a retail food facility applicant or retail food facility operator shall submit to the Department or licensor for approval a properly prepared HACCP plan as specified in subsection (b) and the relevant provisions of this chapter if any of the following occurs: (i) Submission of an HACCP plan is required according to applicable Federal or State laws.(ii) A variance is required as specified in Subpart 8-201 of the Model Food Code, regarding facility and operating plans.(iii) The Department or licensor determines that a food preparation or processing method requires a variance based on a plan submittal specified in § 46.1121(b) (relating to facility and operating plans), an inspectional finding or a variance request.(2) A retail food facility applicant or retail food facility operator shall have a properly prepared HACCP plan as specified in Subpart 3-502 of the Model Food Code, regarding specialized processing methods, for reduced oxygen packaging.(b)Contents of an HACCP plan. For a retail food facility that is required under subsection (a) to have an HACCP plan, the plan and specifications must indicate the following: (1) A categorization of the types of potentially hazardous foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the Department or licensor.(2) A flow diagram by specific food or category type identifying critical control points and providing information on the following:(i) Ingredients, materials and equipment used in the preparation of that food.(ii) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved.(3) Food employee and supervisory training plan that addresses the food safety issues of concern.(4) A statement of standard operating procedures for the plan under consideration including clearly identifying the following:(i) Each critical control point.(ii) The critical limits for each critical control point.(iii) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge.(iv) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points.(v) Action to be taken by the person in charge if the critical limits for each critical control point are not met.(vi) Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed.(5) Additional scientific data or other information, as required by the Department or licensor, supporting the determination that food safety is not compromised by the proposal.The provisions of this §46.1122 amended April 11, 2014, effective 5/12/2014, 44 Pa.B. 2220.The provisions of this §46.1122 amended under the Retail Food Facility Safety Act, 3 Pa.C.S. § § 5701-5714; the Food Safety Act, 3 Pa.C.S. § § 5721-5737; the act of July 2, 1935 (P.L. 589, No. 210) (31 P. S. § § 645-660g), known as the Milk Sanitation Law; section 1705(d) of The Administrative Code of 1929 (71 P. S. § 445(d)); and the Food Employee Certification Act, 3 Pa.C.S. § § 6501-6510.
This section cited in 7 Pa. Code § 46.1103 (relating to variances); 7 Pa. Code § 46.1121 (relating to facility and operating plans); 7 Pa. Code § 46.1123 (relating to confidentiality of trade secrets); 7 Pa. Code § 46.1141 (relating to license requirement); and 7 Pa. Code § 46.1144 (relating to conditions of retention: responsibilities of the retail food facility operator).