3717-1-03.4(G) Food: limitation of growth of organisms of public health concern

Ready-to-eat, time/temperature controlled for safety food - date marking.

(1)

Except when packaging food using a reduced oxygen packaging method as specified under paragraph (K) of this rule, and except as specified in paragraphs (G)(5) and (G)(6) of this rule, refrigerated, ready-to-eat, time/temperature controlled for safety food prepared and held in a food service operation or in a retail food establishment for more than twenty-four hours is to be clearly marked to indicate the date or day by which the food is to be consumed on the premises, sold, or discarded when held at a temperature of forty-one degrees Fahrenheit (five degrees Celsius) or less for a maximum of seven days. The day of preparation is counted as day one.

(2)

Except as specified in paragraphs (G)(5) to (G)(7) of this rule; refrigerated, ready-to-eat time/temperature controlled for safety food prepared and packaged by a food processing plant is to be clearly marked, at the time the original container is opened in a food service operation or retail food establishment and if the food is held for more than twenty-four hours, to indicate the date or day by which the food is to be consumed on the premises, sold, or discarded, based on the temperature and time combination specified in paragraph (G)(1) of this rule and:

(a)

The day the original container is opened in the food service operation or retail food establishment is counted as day one; and

(b)

The day or date marked by the food service operation or retail food establishment cannot 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, time/temperature controlled for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature controlled for safety food that is subsequently combined with additional ingredients or portions of food is to retain the date marking of the earliest-prepared or first-prepared ingredient.

(4)

A date marking system that meets the criteria stated in paragraphs (G)(1) and (G)(2) of this rule may include:

(a)

Using a method approved by the licensor for refrigerated, ready-to-eat time/temperature controlled for safety 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;

(b)

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 is to be consumed on the premises, sold, or discarded as specified under paragraph (G)(1) of this rule;

(c)

Marking the date or day the original container is opened in a food service operation or retail food establishment, with a procedure to discard the food on or before the last date or day by which the food is to be consumed on the premises, sold, or discarded as specified under paragraph (G)(2) of this rule; 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 licensor upon request.

(5)

Paragraphs (G)(1) and (G)(2) of this rule do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

(6)

Paragraphs (G)(1) and (G)(2) of this rule do not apply to shellstock.

(7)

Paragraph (G)(2) of this rule does not apply to the following foods prepared and packaged by a food processing plant under inspection:

(a)

Deli salads manufactured in accordance with 21 C.F.R. 117, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad;

(b)

Hard cheeses containing not more than thirty-nine per cent moisture as defined in 21 C.F.R. 133, such as cheddar, gruyere, parmesan and reggiano, and romano;

(c)

Semi-soft cheeses containing more than thirty-nine per cent moisture, but not more than fifty per cent moisture, as defined in 21 C.F.R. 133, such as blue, edam, gorgonzola, gouda, and monterey jack;

(d)

Cultured dairy products as defined in 21 C.F.R. 131, such as yogurt, sour cream, and buttermilk;

(e)

Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 C.F.R. 114;

(f)

Shelf stable, dry fermented sausages, such as pepperoni and Genoa; and

(g)

Shelf stable salt-cured products such as prosciutto and Parma (ham).