La. Admin. Code tit. 51 § XXIII-4121

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXIII-4121 - Reduced Oxygen Packaging [formerly paragraph 22:39]

A. A food establishment or retail food store/market that packages food using a reduced oxygen packaging method shall have a Hazard Analysis Critical Control Point (HACCP) plan as specified in §311 of this Part, which provides the following information:

1. identifies the food to be packaged;

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

a. has a water activity of (a_w) of 0.91 or less;

b. has a pH of 4.6 or less;

c. is a meat product cured at a food processing plant regulated by the USDA or the Louisiana Department of Agriculture using substances specified in 9 CFR 318.7, Approval of Substances for Use in the Preparation of Products, and 9 CFR 381.147, Restrictions on the Use of Substances in Poultry Products, 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;

e. the product is immediately frozen upon packaging and labeled with instructions to keep frozen or maintain at 41°F (5°C) or below and discard the food within 14 days of defrosting;

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

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:

a. maintain refrigerated food at 41°F (5°C) or below; and

b. discard the refrigerated food if within 14 calendar days from packaging it is not served for on-premises consumption, or consumed if served or sold for off-premise consumption;

5. limits:

a. the refrigerated 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; or

b. limits the shelf life of frozen product to no more than 14 calendar days from defrosting;

6. includes operational procedures that:

a. prohibit contacting food with bare hands;

b. identify a designated 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 restricted to responsible trained personnel familiar with the potential hazards of the operation; and

c. delineate cleaning and sanitization procedures for food-contact surfaces; and

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

a. concepts required for a safe operation;

b. equipment and facilities; and

c. procedures specified in Paragraph A.6 of this Subsection and the HACCP plan.

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.

La. Admin. Code tit. 51, § XXIII-4121

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:334 (February 2002), repromulgated LR 28:1428 (June 2002), amended LR 28:2533 (December 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4.