Minnesota Administrative Rules

4626.0420 3-502.12 REDUCED OXYGEN PACKAGING; CRITERIA.*

A.

A food establishment that packages potentially hazardous food using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified in part 4626.1735, item A, subitem (4).

B.

A HACCP plan under item A shall:

(1)

identify the food to be packaged;

(2)

limit the food packaged to a food that does not support the growth of Clostridium botulinum because the food:

(a)

has an a_w of 0.91 or less;

(b)

has a pH of 4.6 or less;

(c)

is a food with a high level of competing organisms, including raw meat, raw poultry, or a naturally cultured standardized cheese; or

(d)

is a meat or poultry product:

i.

cured at a food processing plant regulated by the United States Department of Agriculture and received at the food establishment in an intact package; or

ii.

cured using substances specified in Code of Federal Regulations, title 9, sections 318.7 and 381.147;

(3)

specify how the food will be maintained at 5 degrees C (41 degrees F) or below;

(4)

describe how the packages will be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:

(a)

keep refrigerated or frozen; and

(b)

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 unless a variance, including a HACCP plan, has been granted by the regulatory authority under parts 4626.1690 to 4626.1715;

(5)

limit 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, unless a variance, including a HACCP plan, has been granted under parts 4626.1690 to 4626.1715;

(6)

include operational procedures that:

(a)

comply with part 4626.0225 relating to contamination from 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)

describe 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 in subitem (6) and part 4626.1735, item A, subitem (3).

C.

Except for fish that is frozen before, during, and after packaging, a food establishment shall not package fish using a reduced oxygen packaging method.

D.

If a variance from item B, subitem (2), is requested according to parts 4626.1690 to 4626.1715, the variance request shall include a HACCP plan.

Statutory Authority:

MS s 31.101; 31.11; 144.05; 144.08; 144.12; 157.011

History:

23 SR 519

Published Electronically:

October 11, 2007