Current through Register Vol. 49, No. 13, September 23, 2024
A.
(1) This
part does not apply to items E and F or to food packaged using a reduced oxygen
packaging method as specified in part 4626.0420.
(2) Refrigerated, ready-to-eat, TCS food
prepared and held in a food establishment for more than 24 hours must be
clearly marked using an effective method to indicate the day or date by which
the food must be consumed on the premises, sold, or discarded, which is 7
calendar days or less from the date of preparation. The date of the preparation
must be counted as day 1.P2
B. Refrigerated, ready-to-eat, TCS food
prepared and packaged by a processing plant and opened and held for more than
24 hours, must be clearly marked using an effective method to indicate the day
or date by which the food must be consumed on the premises, sold, or discarded,
which is 7 calendar days or less from the date the original container is
opened;P2 and
(1) the
date the original container is opened in the food establishment must be counted
as day 1;P2 and
(2) the day or date marked by the food
establishment must not exceed the manufacturer's use-by
date.P2
C. A refrigerated, ready-to-eat TCS food
ingredient or a portion of a refrigerated, ready-to-eat TCS food that is
subsequently combined with additional ingredients or portions of food must
retain the date marking of the earliest-prepared or first-prepared
ingredient.P2
D. date marking system that meets the
criteria in items A and B may include:
(1)
using a method approved by the regulatory authority based on meeting the
requirements of this part for refrigerated, ready-to-eat TCS food that is
frequently rewrapped, such as lunchmeat or a roast, or for which date marking
is impractical, such as soft-serve mix or milk in a dispensing
machine;
(2) marking the date or
day of preparation, with a procedure to discard the food on or before the last
date or day by which the food must be consumed on the premises, sold, or
discarded as specified in item A;
(3) marking the date or day the original
container is opened in a food establishment, with a procedure to discard the
food on or before the last date or day by which the food must be consumed on
the premises, sold, or discarded as specified in item B; or
(4) using calendar dates, days of the week,
color-coded marks, or other effective marking methods, provided that the
marking system is disclosed to the regulatory authority upon request.
E. Items A and B do not apply to
individual meal portions served or repackaged for sale from a bulk container
upon a consumers request.
F. Items
A and B do not apply to shellstock.
G. Item B does not apply to the following
foods prepared and packaged by a food processing plant inspected by a
regulatory authority:
(1) deli salads, such as
ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad,
and macaroni salad, manufactured according to Code of Federal Regulations,
title 21, part 110;
(2) hard
cheeses containing not more than 39 percent moisture such as cheddar, gruyere,
parmesan reggiano, and romano, as defined in Code of Federal Regulations, title
21, part 133;
(3) semi-soft cheese
containing more than 39 percent moisture, such as blue, edam, gorgonzola,
gouda, and monterey jack, but not more than 50 percent moisture, as defined in
Code of Federal Regulations, title 21, part 133;
(4) cultured dairy products such as yogurt,
sour cream, and buttermilk, as defined in Code of Federal Regulations, title
21, part 131;
(5) preserved fish
products, such as pickled herring and dried or salted cod, and other acidified
fish products defined in Code of Federal Regulations, title 21, part
114;
(6) shelf-stable, dry
fermented sausages, such as pepperoni and Genoa salami; and
(7) shelf-stable salt-cured products such as
prosciutto and Parma (ham).
Statutory Authority: MS s
31.101;
31.11;
144.05;
144.08;
144.12;
157.011
