(i) Except when packaging food using a reduced oxygen packaging method as specified in part 4.3.64 and except as specified in subparts (iv) and (v) of this part, 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 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 and time combinations specified below. The day of preparation shall be counted as Day 1. a. 5°C (41°F) or less for a maximum of 7 days. (ii) Except as specified in subparts (iv) – (vi) of this part, refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) prepared and packaged by a food processing plant shall 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, 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 subpart (i) of this part and: a. The day the original container is opened in the food establishment shall be counted as Day 1; and b. 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. (iii) A refrigerated, ready-to-eat potentially hazardous food (time/temperature control 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, may be marked as specified in subparts (i) or (ii) of this part, or by an alternative method acceptable to the Department. (iv) A date marking system that meets the criteria stated in subparts (i) and (ii) of this part may include: a. Using a method approved by the Department for refrigerated, ready-to-eat potentially hazardous food (time/temperature control 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 must be consumed on the premises, sold, or discarded as specified under subpart (i) of this part; c. 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 under subpart (ii) of this part; 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 Department upon request. (v) Subparts (i) and (ii) of this part do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request. (vi) Subpart (ii) of this part does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority: a. 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; b. 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; c. Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133 Cheese and related cheese products, such as blue, edam, gorgonzola, gouda, and monterey jack; d. Cultured dairy products as defined in 21 CFR 131 milk and cream, 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 CFR 114 Acidified foods; f. 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 g. 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. |