Okla. Admin. Code § 310:257-5-2 - Compliance with food law

Current through Register Vol. 39, No. 2, October 1, 2021

(a) Food shall be obtained from sources that comply with this Chapter.
(b) Food prepared in a private home shall not be used or offered for human consumption in a food establishment.
(c) Packaged food shall be labeled as specified in 21 CFR, Part 101 Food Labeling, 9 CFR, Part 317 Labeling, Marking Devices, and Containers, and 9 CFR, Part 381 Subpart N Labeling and Containers, and as specified under OAC 310:257-5-15 and OAC 310:257-5-16.
(d) Fish, other than those specified under OAC 310:257-5-48.1(b), that are intended for consumption in their raw form and allowed as specified under OAC 310:257-5-46(d)(1), may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under OAC 310:257-5-49; or frozen on the premises as specified under OAC 310:257-5-49 and records are retained as specified under OAC 310:257-5-50.
(e) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified under OAC 310:257-5-46(c) shall be:
(1) Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of whole-muscle, intact beef, or
(2) Deemed acceptable by the Oklahoma Department of Agriculture, Food and Forestry based on other evidence, such as written buyer specifications or invoices that indicates that the steaks explicitly meet the definition of whole-muscle, intact beef, and
(3) If individually cut in a food establishment:
(A) Cut from whole-muscle intact beef that is labeled by a food processing plant as specified in OAC 310:257-5-2(e)(1) and (e)(2),
(B) Prepared so they remain intact, and
(C) If packaged for undercooking in a food establishment, labeled as specified in (e)(1) of this Section or identified as specified in (e)(2) of this Section.
(f) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in law, including 9 CFR, Section 317.2(l) and 9 CFR, Section 381.125(b).
(g) Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h).


Okla. Admin. Code § 310:257-5-2
Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016
The amended version of this section by Oklahoma Register, Volume 38, Issue 24, September 1, 2021 eff. 9/11/2021 is not yet available.

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