Current through December 21, 2024
(a) Except when packaging food using a
reduced oxygen packaging method as specified in Chapter 3, Section
64,
and except as specified in Chapter 3, Section
60(d), refrigerated,
ready-to-eat, potentially hazardous food prepared and held in an establishment
for more than twenty four (24) hours shall be clearly marked to indicate the
date or day by which the food shall be consumed on the premises, sold, or
discarded, based on the temperature specified in Chapter 3, Section
51(a)
(ii) and the time noted below. The day of preparation shall be
counted as Day 1.
(i) A maximum of seven (7)
days at 41oF (5oC) or
less
(b) Except as
specified in Chapter 3, Section
60(d) and
(e), if the food is held for more than twenty
four (24) hours refrigerated, ready-to-eat, potentially hazardous food prepared
and packaged by a processing plant shall be clearly marked, at the time the
original container is opened in an establishment to indicate the date or day by
which the food shall be consumed on the premises, sold, or discarded, based on
the temperature and time combinations specified in Chapter 3, Section
60(a); and
(i) The day the original container is opened
in the establishment shall be counted as Day 1; and
(ii) The day or date marked by the
establishment may not exceed a manufacturer's use-by date if the manufacturer
determined the use-by date based on food safety.
(c) 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 shall retain the date marking of the
earliest-prepared or first-prepared ingredient.
(d) A date marking system that meets the
criteria stated in Chapter 3, Section
60(a) and
(b) may include:
(i) Using a method approved by the regulatory
authority for refrigerated, ready-to-eat potentially hazardous 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;
(ii) Marking the date or
day of preparation, with a procedure to discard the food or on before the last
date or day by which the food must be consumed on the premises, sold, or
discarded as specified in (a) of this Section;
(iii) 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 (b) of this Section;
or
(iv) 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) Chapter 3,
Section
60(a) and
(b), do not apply to individual meal portions
served or repackaged for sale from a bulk container upon a consumer's
request.
(f) Chapter 3, Section
60(b) does not apply to
the following foods prepared and packaged by a food processing plant inspected
by a regulatory authority:
(i) Deli salads,
such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato
salad, and macaroni salad, manufactured in accordance with
21 CFR
110 Current good manufacturing practice in
manufacturing, packing, or holding human food;
(ii) Hard cheeses containing not more than
39% moisture as defined in 21 CFR 133 Cheeses and related
cheese products, such as cheddar, gruyere, parmesan and reggiano, and
romano;
(iii) Semi-soft cheeses
containing more than 39% moisture, but not more than 50% moisture, as defined
in 21 CFR
133 Cheeses and related cheese products, such
as blue, edam, gorgonzola, gouda, and monterey jack;
(iv) Cultured dairy products as defined in
21 CFR
131 Milk and cream, such as yogurt, sour
cream, and buttermilk;
(v)
Preserved fish products, such as pickled herring and dried or salted cod, and
other acidified fish products defined in
21 CFR
114 Acidified foods;
(vi) Shelf stable, dry fermented sausages,
such as pepperoni and Genoa salami that are not labeled "Keep Refrigerated" as
specified in 9 CFR
317 Labeling, marking devices, and
containers, and which retain the original casing on the product; and
(vii) Shelf stable salt-cured products such
as prosciutto and Parma (ham) that are not labeled "Keep Refrigerated" as
specified in 9 CFR
317 Labeling, marking devices, and
containers.
