New York Codes, Rules and Regulations › 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 › Section 271-2.24 - Reduced oxygen packaging

Current through Register Vol. 46, No. 28, July 10, 2024
(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.