W. Va. Code R. § 61-23A-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-23A-5 - Hazard Analysis and Hazard Analysis Critical Control Point (HACCP) Plan

5.1. Hazard analysis. Every processor shall conduct, or have conducted for it, a hazard analysis to determine whether there are food safety hazards that are reasonably likely to occur for each kind of fish and fishery product processed by that processor and to identify the preventive measures that the processor can apply to control those hazards. These food safety hazards can be introduced both within and outside the processing plant environment, including food safety hazards that can occur before, during, and after harvest. A food safety hazard that is reasonably likely to occur is one for which a prudent processor would establish controls because experience, illness data, scientific reports, or other information provide a basis to conclude that there is a reasonable possibility that it will occur in the particular type of fish or fishery product being processed in the absence of those controls.

5.2. Every processor shall have and implement a written HACCP plan whenever a hazard analysis reveals one or more food safety hazards that are reasonably likely to occur, as described in subsection 5.1. of this section. A HACCP plan shall be specific to:

5.2.a. Each location where fish and fishery products are processed by that processor; and

5.2.b. Each kind of fish and fishery product processed by the processor. The plan may group kinds of fish and fishery products together, or group kinds of production methods together, if the food safety hazards, critical control points, critical limits, and procedures required to be identified and performed in subsection 5.3. of this section are identical for all fish and fishery products grouped together or for all production methods grouped together.

5.3. The contents of the HACCP plan. The HACCP plan shall, at a minimum:

5.3.a. List the food safety hazards that are reasonably likely to occur, as identified in accordance with subsection 5.1 of this section, and that thus must be controlled for each fish and fishery product. The processor shall list food safety hazards that are reasonably likely to occur as a result of the following:

5.3.a.1. Natural toxins;

5.3.a.2. Microbiological contamination;

5.3.a.3. Chemical contamination;

5.3.a.4. Pesticides;

5.3.a.5. Drug residues;

5.3.a.6. Decomposition in scombroid toxin-forming species or in any other species where a food safety hazard has been associated with decomposition;

5.3.a.7. Parasites, where the processor has knowledge or has reason to know that the parasite-containing fish or fishery product will be consumed without a process sufficient to kill the parasites, or where the processor represents, labels, or intends for the product to be consumed without a process sufficient to kill the parasites;

5.3.a.8. Unapproved use of direct or indirect food or color additives; and

5.3.a.9. Physical hazards;

5.3.b. List the critical control points for each of the identified food safety hazards, including as appropriate:

5.3.b.1. Critical control points designed to control food safety hazards that could be introduced in the processing plant environment; and

5.3.b.2. Critical control points designed to control food safety hazards introduced outside the processing plant environment, including food safety hazards that occur before, during, and after harvest;

5.3.c. List the critical limits that must be met at each of the critical control points;

5.3.d. List the procedures, and their frequency, that will be used to monitor each of the critical control points to ensure compliance with the critical limits;

5.3.e. Include any corrective action plans that have been developed in accordance with subsection 6.2. of this rule, to be followed in response to deviations from critical limits at critical control points;

5.3.f. List the verification procedures, and their frequency, that the processor will use in accordance with subsection 7.1. of this rule;

5.3.g. Provide for a recordkeeping system that documents the monitoring of the critical control points. The records shall contain the actual values and observations obtained during monitoring.

5.3.h. The HACCP plan shall be signed and dated, either by the most responsible individual onsite at the processing facility or by a higher level official of the processor. This signature signifies that the HACCP plan has been accepted for implementation by the firm. The HACCP plan shall be dated and signed:

5.3.h.1. Upon initial acceptance;

5.3.h.2. Upon any modification; and

5.3.h.3. Upon verification of the plan in accordance with subdivision 7.1.a of this rule.

5.4. Sanitation controls may be included in the HACCP plan. However, to the extent that they are monitored in accordance with subsection 10.2 of this rule they need not be included in the HACCP plan, and vice versa.

5.5. A processor which fails to have and implement a HACCP plan that complies with this section whenever a HACCP plan is necessary or otherwise fail to operate in accordance with the requirements of this rule, renders the fish or fishery products of that processor adulterated. The Commissioner or his/her designee shall determine whether a processor's actions are consistent with ensuring the safety of food through an evaluation of the processors overall implementation of its HACCP plan, if one is required.

W. Va. Code R. § 61-23A-5