1 CRR-NY 262.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER VI. FOOD CONTROL
SUBCHAPTER C. FOOD AND FOOD PRODUCTS (ARTICLE 17 AGRICULTURE AND MARKETS LAW)
PART 262. FISH PROCESSING AND SMOKING ESTABLISHMENTS
1 CRR-NY 262.4
1 CRR-NY 262.4
262.4 Operations and controls for processed fish.
(a) All operations involving the receiving, holding processing and packaging of processed fish shall be conducted utilizing clean and sanitary methods and shall be conducted as rapidly as practicable and at temperatures that will not cause any material increase in bacterial or other microorganic content or any deterioration or contamination of such processed fish.
(b) All processed fish, except vacuum packaged or modified atmosphere packaged smoked fish produced pursuant to section 262.5 of this Part, shall be produced pursuant to a scheduled process established by a competent processing authority. A copy of said scheduled process or the process set forth in section 262.5 of this Part which is utilized shall be available for examination in each fish processing establishment. Each scheduled process shall identify the name and address of the competent processing authority by whom it was established. The scheduled process shall include processing methods, procedures and controls for each product, as well as packaging and labeling requirements. Whenever a deviation in a scheduled process, or in a process set forth in section 262.5 occurs, as disclosed by records, processor check or otherwise, the processor shall destroy all product affected by said deviation or hold it for a determination as to whether it is adulterated within the meaning of section 200 of the Agriculture and Markets Law. Notwithstanding anything contained in this Part, the production of processed fish pursuant to a scheduled process or pursuant to section 262.5 of this Part shall not preclude said product, if the facts warrant such action, from being deemed adulterated or misbranded pursuant to sections 200 and 201 of the Agriculture and Markets Law or any other applicable statute or regulation.
(c) All processed fish shall be distributed and sold at temperatures that do not exceed 38 degrees Fahrenheit, except that:
(1) processed fish that have a water phase salt level of at least 17 percent shall not require refrigerated storage; and
(2) processed fish which contain a water phase salt level of at least 10 percent, a water activity of less than.85, or a pH of 4.6 or lower may be distributed or sold at refrigerated temperatures that do not exceed 45 degrees Fahrenheit.
(d) Thermometers or other temperature monitoring devices accurate to within plus or minus 2 degrees Fahrenheit shall be installed in coolers, freezers, vehicles, or other refrigerated areas where fish or processed fish are processed, held or displayed.
(e) Unless produced pursuant to the provisions of section 262.5 of this Part, processed fish shall be vacuum packaged or modified atmosphere packaged only if produced pursuant to a scheduled process which specifies vacuum packaging or modified atmosphere packaging.
(f) The vacuum packaging or modified atmosphere packaging of processed fish shall be conducted only within the facilities in which the product was produced.
(g) Processed fish to be vacuum packaged or modified atmosphere packaged shall be analyzed chemically with sufficient frequency to assure that the required water phase salt and sodium nitrite is obtained in every fish and that other chemical additives are present at acceptable levels.
1 CRR-NY 262.4
Current through August 31, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.