Section 410IAC7-21-28. "Reduced oxygen packaging" defined

   (a) "Reduced oxygen packaging" means the following:

(1) The reduction of the amount of oxygen in a package by:

(A) removing oxygen;

(B) displacing oxygen and replacing it with another gas or combination of gases; or

(C) otherwise controlling the oxygen content to a level below that normally found in the surrounding twenty-one percent (21%) oxygen atmosphere.

(2) A process as specified in subdivision (1) that involves a food for which Clostridium botulinum is identified as a microbiological hazard in the final packaged form.

  (b) The term includes the following:

(1) Vacuum packaging in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package, such as sous vide.

(2) Modified atmosphere packaging in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes any of the following:

(A) Reduction in the proportion of oxygen.

(B) Total replacement of oxygen.

(C) An increase in the proportion of other gases, such as carbon dioxide or nitrogen.

(3) Controlled atmosphere packaging in which the atmosphere of a package of food is modified so that, until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained as such by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material.

(Indiana State Department of Health; 410 IAC 7-21-28; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1618, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA)