Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part III - Food › Article 5 - Limitation of Growth of Organisms of Public Health Concern › Section 12VAC5-421-870 - Reduced oxygen packaging without a variance, criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except for a food establishment that
					 obtains a variance as specified under
					 12VAC5-421-860,
					 a food establishment that packages time/temperature control for safety food
					 using a reduced oxygen packaging method shall control the growth and toxin
					 formation of Clostridium botulinum and the growth of Listeria
					 monocytogenes.P
B. Except as specified under subsection F of
					 this section, a food establishment that packages time/temperature control for
					 safety food using a reduced oxygen method shall implement a HACCP plan that
					 contains the information specified under subdivisions 3 and 4 of
					 12VAC5-421-3630
					 and that:Pf
1.
					 Identifies food to be packaged;Pf
2. Except as specified in subsections C, D,
					 and E of this section, requires that the packaged food shall be maintained at
					 41°F (5°C) or less and meet at least one of the following
					 criteria:Pf
a. Has
					 an Aw of 0.91 or
					 less;Pf
b. Has a pH of 4.6 or
					 less;Pf
c. Is a meat or poultry product cured at a
					 food processing plant regulated by the USDA using substances specified in
					 9 CFR
					 424.21 and is received in an intact
					 package;Pf or
d. Is a food with a high level of competing
					 organisms such as raw meat, raw poultry, or raw
					 vegetables.Pf
3. Describes how the package shall be
					 prominently and conspicuously labeled on the principal display panel in bold
					 type on a contrasting background, with instructions
					 to:Pf
a. Maintain
					 food at 41°F (5°C) or below;Pf and
b. Discard the food if within 30 calendar
					 days of its packaging it is not served for on-premises consumption, or consumed
					 if served or sold for off-premises
					 consumption;Pf
4. Limits the refrigerated shelf life to no
					 more than 30 calendar days from packaging to consumption, except the time the
					 product is maintained frozen, or the original manufacturer's "sell by" or "use
					 by" date, whichever occurs first;P
5. Includes operational procedures that:
a. Prohibit contacting ready-to-eat food with
					 bare hands as specified in
					 12VAC5-421-450
					 B;Pf
b.
					 Identify a designated work area and the method by
					 which:Pf
(1)
					 Physical barriers or methods of separation of raw foods and ready-to-eat foods
					 minimize cross contamination;Pf and
(2) Access to the processing equipment is
					 limited to responsible trained personnel familiar with the potential hazards of
					 the operation;Pf and
c. Delineate cleaning and sanitization
					 procedures for food contact surfaces;Pf
6. Describes the training program
					 that ensures that the individual responsible for the reduced oxygen packaging
					 operation understands the:Pf
a. Concepts required for safe
					 operation;Pf
b. Equipment and
					 facilities;Pf and
c. Procedures specified under subdivision B 5
					 of this section and subdivisions 3 and 4 of
					 12VAC5-421-3630;
					 
					 Pf and
7. Is provided to the department prior to
					 implementation as specified under
					 12VAC5-421-3620
					 B.