South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:02 - Lodging and food service
Chapter 44:02:07 - Food service code
Section 44:02:07:39 - Reduced-oxygen packaging

Universal Citation: SD Admin Rules 44:02:07:39

Current through Register Vol. 51, page 43, September 23, 2024

A food establishment that packages food using a reduced-oxygen packaging method must have a HACCP plan that contains the information specified under § 44:02:07:97 and that does the following:

(1) Identifies the food to be packaged;

(2) Limits the food packaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:

(a) Has an aw of 0.91 or less;

(b) Has a pH of 4.6 or less;

(c) Is a meat product cured at a food processing plant regulated by the U.S. Department of Agriculture using a combination of nitrites, nitrates, and salt that at the time of processing consists of 120 mg/L or higher concentration of sodium nitrite and a brine concentration of at least 3.50 percent and is received in an intact package; or

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

(3) Specifies methods for maintaining food at 5° C(41° F) or below;

(4) Describes how the packages must be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 5°C (41°F) or below and to discard the food within 14 calendar days of its packaging if it is not served for on-premises consumption or, if served or sold for off-premises consumption it is not consumed;

(5) Limits the shelf life to no more than 14 calendar days from packaging to consumption or to the original manufacturer's "sell by" or "use by" date, whichever occurs first;

(6) Includes operational procedures that do the following:

(a) Prohibit contacting food with bare hands;

(b) Identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and by which access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation; and

(c) Delineate cleaning and sanitization procedures for food-contact surfaces; and

(7) scribes the training program that ensures that the individual responsible for the reduced-oxygen packaging operation understands the following:

(a) Concepts required for a safe operation;

(b) Equipment and facilities; and

(c) Procedures specified in subdivision (6) of this section and § 44:02:07:97.

Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced-oxygen packaging method.

General Authority: SDCL 34-1-17, 34-18-22.

Law Implemented: SDCL 34-18-22, 34-18-25.

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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