3717-1-03.4(K)(5) Food: limitation of growth of organisms of public health concern

Except as specified under paragraphs (K)(3), (K)(4), and (K)(7) of this rule, a food service operation or retail food establishment that packages time/temperature controlled for safety food using a cook-chill or sous vide process is obligated to:

(a)

Notify the regulatory authority prior to implementation and execute a HACCP plan that contains the information as specified under paragraph (L) of this rule;

(b)

Ensure the food is:

(i)

Prepared and consumed on the premises with no distribution or sale of the packaged product to another business location or the consumer;

(ii)

Cooked to heat all parts of the food to a temperature and for a time as specified under paragraphs (A)(1), (A)(2) and (A)(4) of rule 3717-1-03.3 of the Administrative Code;

(iii)

Protected from contamination before and after cooking as specified under rule 3717-1-03.2 of the Administrative Code and under rule 3717-1-03.3 of the Administrative Code;

(iv)

Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius);

(v)

Cooled to forty-one degrees Fahrenheit (five degrees Celsius) in the sealed package or bag as specified under paragraph (D) of this rule, and:

(a)

Cooled to thirty-four degrees Fahrenheit (one degree Celsius) within forty-eight hours of reaching forty-one degrees Fahrenheit (five degrees Celsius) and held at that temperature until consumed or discarded within thirty days after the date of packaging;

(b)

Held at forty-one degrees Fahrenheit (five degrees Celsius) or less for no more than seven days, at which time the food is to be consumed or discarded;

(c)

Cooled to thirty-four degrees Fahrenheit (one degree Celsius) within forty-eight hours of reaching forty-one degrees Fahrenheit (five degrees Celsius), removed from refrigeration equipment that maintains a thirty-four degrees Fahrenheit (one degree Celsius) food temperature and then held at forty-one degrees Fahrenheit (five degrees Celsius) or less for no more than seven days, not to exceed thirty days from its date of packaging, at which time the food is to be consumed or discarded; or

(d)

Held frozen with no shelf life restriction while frozen until consumed or used.

(vi)

Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily; and

(vii)

Labeled with the product name and the date packaged; and

(c)

Maintain the records to confirm that cooling and cold holding refrigeration time/temperature parameters are monitored as part of the HACCP plan, and:

(i)

Make such records available to the regulatory authority upon request; and

(ii)

Hold such records for at least six months; and

(d)

Implement written operational procedures as specified under paragraph (K)(2)(e) of this rule and a training program as specified under paragraph (K)(2)(f) of this rule.