010-3 Wyo. Code R. §§ 3-64 - Reduced Oxygen Packaging without a variance, Criteria

(a) Except for an establishment or processing plant that obtains a variance as specified under Chapter 3, Section 63, an establishment or processing plant that packages potentially hazardous food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.

(b) An establishment or processing plant that packages potentially hazardous food using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified under Chapter 10, Section 2(a)(iv), and that:

(i) Identifies the food to be packaged;

(ii) Except as specified in (c) and (e) and as specified in (d) of this Section, requires that the packaged food shall be maintained at 41ºF (5ºC) or less and meet at least one of the following criteria:

(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 U.S.D.A. using substances specified in 9 CFR 424.21, Use of food ingredients and sources of radiation and is received in an intact package; or

(D) Is a food with a high level of competing organisms such as raw meat, raw poultry or raw vegetables;

(iii) 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 41ºF (5ºC) or below; and

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

(iv) Limits the refrigerated shelf life to no 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;

(v) Includes operational procedures that:

(A) Prohibit contacting ready-to-eat food with bare hands as specified under Chapter 3, Section 39(b);

(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; and

(vi) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:

(A) Concepts required for a safe operation;

(B) Equipment and facilities; and

(C) Procedures specified under Chapter 3, Section 64(a)(vi), and Chapter10, Section 2(a)(iv).

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

(d) Except as specified in (c) of this Section, an establishment or processing plant that packages food using a cook-chill or sous vide process shall:

(i) Implement a HACCP plan that contains the information as specified in Chapter 10, Section 2(iv);

(ii) Ensure the food is:

(A) 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 packaged product to another business entity or the consumer,

(B) Cooked to heat all parts of the food to a temperature and for a time as specified in Chapter 3, Section 41,

(C) Protected from contamination before and after cooking,

(D) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below 135°F (57°C),

(E) Cooled to 41°F (5°C) in the sealed package as specified in Chapter 3, Section 31 and subsequently:

(I) Cooled to 34°F (1°C) within 48 hours of 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°C) within 48 hours of reaching 41°F (5°C), removed from refrigeration equipment that maintains a 34°F (1°C) food temperature and then held at 41°F (5°C) or below for no more than 72 hours, at which time the food must be consumed or discarded.

(III) Cooled to 38°F (3ºC) or less within 24 hours of reaching 41ºF (5ºC) and held there for no more than 72 hours from 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.

(F) 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 twice daily,

(G) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation, and

(H) Labeled with the product name and the date packaged; and

(iii) The records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP plan, are maintained and are:

(A) Make such records available to the regulatory authority upon request, and

(B) Hold such records for at least 6 months; and

(iv) Implement written operational procedures as specified in (b) (v) of this Section and a training program as specified in (b) (vi) of this Section.

(e) An establishment that packages cheese using a reduced oxygen packaging method shall:

(i) Limits the cheeses packaged to those that are commercially manufactured in a processing plant with no ingredients added in the establishment and that meet the Standards of Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR 133.169 Pasteurized process cheese or 21 CFR 133.187 Semisoft cheeses;

(ii) Have a HACCP plan that contains the information specified in Chapter 10, Section 2(a) (iv) and as specified under (b)(i), (b)(iii)(A) and (b)(vi) of this Section;

(iii) Labels the package on the principal display panel with a "use by" date that does not exceed 30 days from its packaging or the original manufacturer's "sell by" or "use by" date, whichever occurs first; and

(iv) Discards the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within 30 calendar days of its packaging.

Notes

010-3 Wyo. Code R. §§ 3-64