S.D. Admin. R. 44:02:07:39

Current through Register Vol. 51, page 67, December 16, 2024
Section 44:02:07:39 - Reduced-oxygen packaging

A food establishment that packages food using a reduced-oxygen packaging method must have a HACCP plan that contains the information specified under § 44:02:07:97 and that does the following:

(1) Identifies the food to be packaged;
(2) Limits the food packaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(a) Has an aw of 0.91 or less;
(b) Has a pH of 4.6 or less;
(c) Is a meat product cured at a food processing plant regulated by the U.S. Department of Agriculture using a combination of nitrites, nitrates, and salt that at the time of processing consists of 120 mg/L or higher concentration of sodium nitrite and a brine concentration of at least 3.50 percent and is received in an intact package; or
(d) Is a food with a high level of competing organisms such as raw meat or raw poultry;
(3) Specifies methods for maintaining food at 5° C(41° F) or below;
(4) Describes how the packages must be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 5°C (41°F) or below and to discard the food within 14 calendar days of its packaging if it is not served for on-premises consumption or, if served or sold for off-premises consumption it is not consumed;
(5) Limits the shelf life to no more than 14 calendar days from packaging to consumption or to the original manufacturer's "sell by" or "use by" date, whichever occurs first;
(6) Includes operational procedures that do the following:
(a) Prohibit contacting food with bare hands;
(b) Identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and by which 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) scribes the training program that ensures that the individual responsible for the reduced-oxygen packaging operation understands the following:
(a) Concepts required for a safe operation;
(b) Equipment and facilities; and
(c) Procedures specified in subdivision (6) of this section and § 44:02:07:97.

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

S.D. Admin. R. 44:02:07:39

23 SDR 195, effective 5/26/1997.

General Authority: SDCL 34-1-17, 34-18-22.

Law Implemented: SDCL 34-18-22, 34-18-25.