Section 410IAC7-24-195. Reduced oxygen packaging; criteria

   (a) Except for a food establishment that obtains a variance as specified under section 114 of this rule, a retail food establishment that packages food using a reduced oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final packaged form shall ensure that there are at least two (2) barriers in place to control the growth and toxin formation of Clostridium botulinum.

  (b) A food establishment that packages food using a reduced oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final packaged form shall have a HACCP plan that contains the information specified under section 115(a)(4) of this rule 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 (1) or more of the following:

(A) Has an a_w of 0.91 or less.

(B) Has a pH of 4.6 or less.

(C) Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture using substances specified in 9 CFR 424.21 and is received in an intact package.

(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 forty-one (41) degrees Fahrenheit or below.

(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:

(A) maintain the food at forty-one (41) degrees Fahrenheit or below; and

(B) discard the food if within fourteen (14) calendar days of its packaging, it is not served for on-premises consumption, consumed if served, or sold for off-premises consumption.

(5) Limits the refrigerated shelf life to not more than fourteen (14) 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.

(6) Includes operational procedures that:

(A) prohibit contacting food with bare hands;

(B) identify a designated area and the method by which:

(i) physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination; and

(ii) access to the processing equipment is limited to responsible, trained personnel familiar with the potential hazards of the operation; and

(C) delineate cleaning and sanitization procedures for food-contact surfaces.

(7) Describes 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.

(C) Procedures specified under subdivision (6) and section 115(a)(4) of this rule.

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

  (d) For purposes of this section, a violation of subsection (a), (b), or (c) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-195; filed Oct 13, 2004, 12:30 p.m.: 28 IR 860; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)