Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.36 - Prohibitions And Exemptions For Altering Open-Date Statements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Packages of
				potentially hazardous foods bearing an open date statement are not to be
				repacked or relabeled or otherwise altered in a manner that would change the
				open date statement originally placed on the package. It is not permissible to
				reprocess products by freezing, slicing, grinding, cubing, dicing, marinating,
				chopping, or other similar methods unless the original open date statement is
				maintained on the product label.
(2) In the case of smoking, curing, fully
				cooking or conversion to a shelf stable product through drying or fermentation
				of fresh or frozen in-date raw meat products, it may be acceptable to alter the
				original open date statement that had been listed on the original product.
				Provided, however, that in these special situations an appropriate date shall
				be placed on the product after completion of the process.
(3) Any rule in this chapter to the contrary
				not withstanding, meat products bearing an open-date statement may be frozen
				and sold after the original expiration date only if all the following
				stipulations are met:
(a) The product is a
				fresh or raw meat product that is frozen prior to the expiration of the
				open-date statement.
(b) The
				product is labeled "Frozen on ___________," with the month, day, and year the
				product is frozen in the blank.
(c)
				The original open-date statement is maintained on the product
				package.
(d) If offered for sale at
				retail, the product is frozen and labeled and sold only to a household consumer
				by the same establishment that originally offered the product for retail
				sale.
(e) If offered for sale at
				wholesale (i.e., warehouse, manufacturer, or distributor) the product is frozen
				and labeled and sold only to the end user (i.e., consumer, restaurant, or
				hotel). Provided however that consumer ready packages of fresh or raw meat can
				be sold to retail establishments if all other provisions of this rule are
				followed and each package is properly labeled.
(f) Products frozen before the expiration of
				the open- date statement may not be thawed or further processed in any
				manner.
(g) All products properly
				frozen and labeled must also maintain the safe handling labels as mandated
				through USDA.
(h) Products not
				properly labeled, re-labeled or exempted as set forth in (a) through (h) of
				this rule shall be deemed date expired and shall be included in the equivalent
				number utilized to determine the applicable class of violation as determined by
				Rule No.
				80-1-22-.32.
(i) Nothing in this paragraph (3) of Rule
				80-1-22-.36 shall preclude a manufacturer or wholesaler or retailer from having
				more stringent requirements for their products. Nothing in this paragraph is
				intended to negate the agreement between sellers of these products concerning
				guarantees or credit for expired products.