Nevada Administrative Code
Chapter 446 - Food Establishments
PROTECTION, PREPARATION AND SERVICE OF FOOD
Section 446.179 - Refrigerated, ready-to-eat potentially hazardous food time/temperature control for safety food: Date marking

Universal Citation: NV Admin Code 446.179

Current through September 16, 2024

1. Except when packaging food using a reduced oxygen packaging method, and except as specified in this chapter, refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) prepared and held in a food establishment for more than 24 hours must be clearly marked to indicate the date or day on which the food was prepared or the date or day by which the food must be consumed on the premises, sold or discarded, based on the temperature and time combinations specified in this section. The day of preparation must be counted as "day 1." Food must be maintained at a temperature of 41°F (5°C) or below for a maximum of 7 days.

2. Except as otherwise provided in subsections 4, 5 and 6, refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) that is prepared and packaged by a food processing establishment must be clearly marked at the time the original container is opened in a food establishment and, if the food is held for more than 24 hours, must indicate the date or day by which the food must be consumed on the premises, sold or discarded, based on the temperature and time combinations set forth in subsection 1. The day the original container is opened in the food establishment must be counted as "day 1," and the food held for a maximum of 7 days, except that the day or date marked by the food establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.

3. A refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety 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.

4. A date marking system that meets the criteria set forth in subsections 1 and 2 may include:

(a) Using a method approved by the health authority for refrigerated, ready-to-eat potentially hazardous food (time/temperature control for safety food) that is frequently rewrapped, including, without limitation, lunch meat or a roast, or for which date marking is impractical, including, without limitation, soft serve mix or milk in a dispensing machine;

(b) Marking the date or day of preparation, accompanied by 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 provided in subsection 1;

(c) Marking the date or day the original container is opened in a food establishment, accompanied by 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 provided in subsection 2; or

(d) Using calendar dates, days of the week, color-coded marks or other effective marking methods, provided that the marking system is disclosed to the health authority upon request.

5. Subsections 1 and 2 do not apply with respect to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

6. Subsection 2 does not apply with respect to the following foods prepared and packaged by a food processing establishment that is inspected by a health authority:

(a) Deli salads, including, without limitation, ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad and macaroni salad, that are manufactured in accordance with this chapter;

(b) Hard cheeses containing not more than 39 percent moisture;

(c) Semisoft cheeses containing more than 39 percent moisture but not more than 50 percent moisture;

(d) Cultured dairy products;

(e) Preserved fish products, including, without limitation, pickled herring and dried or salted cod, and other acidified fish products;

(f) Shelf stable, dry fermented sausages, including, without limitation, pepperoni and Genoa salami, that are not labeled "Keep Refrigerated" and which retain the original casing on the product; or

(g) Shelf stable, salt-cured products, including, without limitation, prosciutto and Parma (ham), that are not labeled "Keep Refrigerated."

7. As used in this section, "casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material.

Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013

NRS 439.200, 446.940

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