Nev. Admin. Code § 446.184 - Reduced oxygen packaging
Current through August 4, 2021
NRS 439.200, 446.940
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NAC 446.184 Reduced oxygen packaging. (NRS 439.200, 446.940)
1. Except for a food establishment that obtains a waiver and except as otherwise provided in subsections 3, 4 and 5, a food establishment that packages potentially hazardous food (time/temperature control for safety food) using a reduced oxygen packaging method shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.
2. A food establishment that packages potentially hazardous food (time/temperature control for safety food) using a reduced oxygen packaging method must have an approved HACCP plan in addition to requiring:
(a) Identification of the food to be packaged;
(b) Except as otherwise provided in subsections 3, 4 and 5, the packaged food be maintained at 41°F (5°C) or below and meets at least one of the following criteria:
(1) Has an aw of 0.91 or less;
(2) Has a pH of 4.6 or less;
(3) Is a meat or poultry product cured at a food processing establishment regulated by the United States Department of Agriculture using substances specified in 9 C.F.R. § 424.21, “Use of food ingredients and sources of radiation,” and is received in an intact package; or
(4) Is a food with a high level of competing organisms, including, without limitation, raw meat, raw poultry or raw vegetables;
(c) A description of how the package will be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:
(1) Maintain the food at 41°F (5°C) or below; and
(2) Discard the food if, within 14 calendar days after its packaging, the food is not served for on-premises consumption or consumed if served or sold for off-premises consumption;
(d) A limit on the refrigerated shelf life of not more than 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;
(e) Written operational procedures that:
(1) Prohibit contacting food with bare hands;
(2) Identify a designated work 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
(3) Delineate cleaning and sanitization procedures for food-contact surfaces; and
(f) A training program which ensures that the person responsible for the reduced oxygen packaging operation understands the:
(1) Concepts required for a safe operation;
(2) Equipment and facilities; and
(3) Procedures specified in paragraph (e) and this chapter.
3. Except for fish that is frozen before, during and after packaging, a food establishment must not package fish using a reduced oxygen packaging method.
4. Except as otherwise provided in subsection 3, a food establishment may package food using a cook-chill or sous vide process without obtaining a waiver if:
(a) The food establishment implements an HACCP plan that has been approved in advance by the health authority.
(b) The food is:
(1) Prepared and consumed on the premises or prepared and consumed off the premises but within the same business entity with no distribution or sale of the bagged product to another business entity or a consumer.
(2) Cooked to heat all parts of the food to a temperature approved in this chapter.
(3) Protected from contamination after cooking.
(4) Placed in a package or bag with an oxygen barrier before cooking or placed in a package or bag immediately after cooking and before reaching a temperature below 135°F (57.2°C).
(5) Cooled to 41°F (5°C) in the sealed package or bag as specified in this chapter and subsequently:
(I) Cooled to 34°F (1.1°C) within 48 hours after reaching 41°F (5°C) and held at that temperature until consumed or discarded within 30 days after the date of packaging;
(II) Cooled to 34°F (1.1°C) within 48 hours after reaching 41°F (5°C), removed from refrigeration equipment that maintains the food temperature at 34°F (1.1°C), and then held at 41°F (5°C) or below for not more than 72 hours, at which time the food must be consumed or discarded;
(III) Cooled to 38°F (3.3°C) or below within 24 hours after reaching 41°F (5°C) and held there for not more than 72 hours after packaging, at which time the food must be consumed or discarded; or
(IV) Held frozen with no shelf life restriction while frozen, until consumed or used.
(6) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation at least twice daily. If approved by the health authority, manual temperature monitoring may be used.
(7) If transported off-site to a satellite location of the same business entity, equipped with a verifiable electronic monitoring device to ensure that times and temperatures are monitored during transportation.
(8) Labeled with the product name and the date on which it was packaged.
(c) The records required to confirm that cooling and cold holding refrigeration time and temperature parameters are required as part of the HACCP plan, are maintained and are:
(1) Made available to the health authority upon request; and
(2) Retained for at least 6 months.
(d) Written operational procedures as specified in paragraph (e) of subsection 2 and a training program as specified in paragraph (f) of subsection 2 are carried out.
5. A food establishment may package cheese using a reduced oxygen packaging method without obtaining a waiver if it:
(a) Limits the cheeses packaged to those which are commercially manufactured in a food processing establishment with no ingredients added in the food establishment and which meet the Standards of Identity as specified in 21 C.F.R. § 133.150, “Hard cheeses,” 21 C.F.R. § 133.169, “Pasteurized process cheese,” or 21 C.F.R. § 133.187, “Semisoft cheeses”;
(b) Has an HACCP plan that has been approved by the health authority and as specified under:
(1) Paragraph (a) of subsection 2;
(2) Subparagraph (1) of paragraph (c) of subsection 2;
(3) Paragraph (e) of subsection 2; and
(4) Paragraph (f) of subsection 2;
(c) Labels the package on the principal display panel with a “use-by” date that does not exceed 30 days after its packaging or the original manufacturer’s “sell-by” or “use-by” date, whichever occurs first; and
(d) Discards the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within 30 calendar days after its packaging.
(Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)