1 CRR-NY 271-2.24NY-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 E. RETAIL FOOD STORES (ARTICLE 19 AGRICULTURE AND MARKETS LAW)
PART 271. RETAIL FOOD STORE SANITATION REGULATIONS
SUBPART 271-2. FOOD SUPPLIES
1 CRR-NY 271-2.24
1 CRR-NY 271-2.24
271-2.24 Reduced oxygen packaging.
(a) A food establishment that packages food using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified under section 271-9.6(d) of this Part and that:
(1) identifies the food to be packaged;
(2) limits the food packaged to a food that does not support the growth of Clostridium bolulinum because it complies with one of the following:
(i) has an aw of 0.91 or less;
(ii) has a pH of 4.6 or less;
(iii) is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR section 318.7, "Approval of substances for use in the preparation of products," and 9 CFR section 381.7, "Restrictions on the use of substances in poultry products," and is received in an intact package; or
(iv) is a food with a high level of competing organisms such as raw meat or raw poultry;
(v) is a frozen food which does not meet the criteria of subparagraph (i), (ii) or (iii) of this paragraph and is conspicuously labeled, "Important -Keep Frozen Until Use;"
(vi) is a food which contains some other barrier which precludes the growth of Clostridium botulinum;
(3) specifies methods for maintaining food at 41°F (5°C) or less;
(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:
(i) maintain the food at 41°F (5°C) or less; and
(ii) discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;
(5) limits the 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;
(6) includes operational procedures that:
(i) prohibit contacting food with bare hands;
(ii) identify a designated area and the method by which:
(a) physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination; and
(b) access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation; and
(iii) delineate cleaning and sanitization procedures for food contact surfaces; and
(7) describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:
(i) concepts required for a safe operation;
(ii) equipment and facilities; and
(iii) procedures specified under paragraph (6) of this subdivision and section 271-9.6(d) of this Part.
(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.
1 CRR-NY 271-2.24
Current through August 31, 2021
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