1. A. A food establishment or retail food store/market that packages food using a reduced oxygen packaging method shall have a Hazard Analysis Critical Control Point (HACCP) plan as specified in §311 of this Part, which provides the following information:

   1. 1. identifies the food to be packaged;

   2. 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:

      1. a. has a water activity of (a_w) of 0.91 or less;
      2. b. has a pH of 4.6 or less;
      3. c. is a meat product cured at a food processing plant regulated by the USDA or the Louisiana Department of Agriculture using substances specified in 9 CFR 318.7, Approval of Substances for Use in the Preparation of Products, and 9 CFR 381.147, Restrictions on the Use of Substances in Poultry Products, and is received in an intact package; or
      4. d. is a food with a high level of competing organisms such as raw meat or raw poultry;
      5. e. the product is immediately frozen upon packaging and labeled with instructions to keep frozen or maintain at 41°F (5°C) or below and discard the food within 14 days of defrosting;
   3. 3. specifies methods for maintaining food at 41°F (5°C) or below;

   4. 4. describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:

      1. a. maintain refrigerated food at 41°F (5°C) or below; and
      2. b. discard the refrigerated food if within 14 calendar days from packaging it is not served for on-premises consumption, or consumed if served or sold for off-premise consumption;

   5. 5. limits:

      1. a. the refrigerated shelf life to no more than
         14 calendar days from packaging to consumption or the original manufacturer's "sell by" or "use by" date, whichever occurs first; or
      2. b. limits the shelf life of frozen product to no more than 14 calendar days from defrosting;

   6. 6. includes operational procedures that:

      1. a. prohibit contacting food with bare hands;

      2. b. identify a designated area and the method by which:

         1. i. physical barriers or methods of separation of raw foods and ready-to eat foods minimize cross-contamination; and
         2. ii. access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation; and
      3. c. delineate cleaning and sanitization procedures for food-contact surfaces; and

   7. 7. describes the training program that ensures that the individual responsible for reduced oxygen packaging (vacuum packaging) operation understands the:

      1. a. concepts required for a safe operation;
      2. b. equipment and facilities; and
      3. c. procedures specified in Paragraph A.6 of this Subsection and the HACCP plan.
2. B. Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced oxygen packaging method.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:334 (February 2002), repromulgated LR 28:1428 (June 2002), amended LR 28:2533 (December 2002).