01-001 C.M.R. ch. 359
Summary: The purpose of this chapter is to establish rules that will ensure the proper handling of smoked fish and other methods of preparing fish for consumption. This Chapter augments rules for Food Processing, Chapter 343, Home Food Manufacturing, Chapter 345, and Potentially Hazardous Foods, Chapter 359.
For the purposes of this chapter the following words shall have the following meanings:
A. "Processed fish" means fish that has been cured, salted, marinated, dried, or smoked as food for human consumption. B. "Smoked fish" means any fish which has been subjected to smoke from the burning of wood, sawdust or similar material, or immersed in or sprayed with a smoke-flavored solution. C. "Department" means the Maine Department of Agriculture, Conservation and Forestry. D. "Water Phase Salt" means the amount of salt compared to the amount of moisture (water) in the fish, calculated as percent salt in the finished product multiplied by 100 and divided by the percent salt plus the percent moisture in the finished product (with percent moisture calculated by subtraction from 100 of the total solids in the finished product), expressed in the following equation:
$$\begin{aligned} \% \text{ Water Phase Salt} &= \frac{\% \text{ salt} \times 100}{\% \text{ Salt} + \% \text{ Moisture}} \ (\text{where } \% \text{ moisture} = 100 - \% \text{ total solids}) \end{aligned}$$
E. HACCP means Hazard Analysis Critical Control Points. F. Loin muscle means the most dense part of the fish.
A. There shall be a scheduled procedure for all processed fish. B. All fish offered for sale shall be free of viscera prior to processing. C. Processing parameters for smoked fish
1. For hot process smoked fish to be air packaged, a controlled process must be used to
heat fish to a continuous temperature of at least 145EF. for a minimum of 30 minutes for fish brined to contain not less than 2.5% water phase salt in the loin muscle of the finished product.
2. For hot process smoked fish to be vacuum or modified atmosphere packaged, a controlled process must be used to heat fish to a continuous temperature of at least 145EF. for a minimum of 30 minutes for fish brined to contain not less than 3.5% water phase salt in the loin muscle of the finished product or the combination of 3.0% water phase salt in the loin muscle of the finished product and not less than 100 or more than 200 parts per million of sodium nitrite.
3. Cold process smoked fish must use a controlled process to assure that all products do not exceed process temperatures in accordance with one of the following methods:
a. The temperature in the smoking chamber does not exceed 90EF. during a drying and smoking period that does not exceed 20 hours; or
b. The temperature in the smoking chamber does not exceed 50EF. during a drying and smoking period that does not exceed 24 hours.
4. For cold process smoked fish to be air packaged, only fish that have been brined to contain not less than 2.5% water phase salt in the loin muscle of the finished product may be used.
5. For cold process smoked fish to be vacuum or modified atmosphere packaged, only fish that have been brined to contain not less than 3.5% water phase salt in the loin muscle of the finished product or the combination of 3.0 % water phase salt in the loin muscle of the finished product and not less than 100 or more than 200 parts per million of sodium nitrite may be used.
D. There shall be records written and maintained in the plant that will describe in detail processing methods, procedures and controls for smoked fish, salted fish, cured fish, dried fish and marinated fish.
E. A HACCP plan may be submitted to the Department after January 1, 1994.
F. The product must be so processed as to prevent contamination by exposure to areas, utensils, or equipment involved in earlier processing steps, refuse or other objectionable areas. Any common area must be thoroughly cleaned and sanitized between processing steps.
A. Product temperatures of 38EF. or below are required during receiving, handling and storage of raw fish and processed fish except:
1. When undergoing hot smoking or cold smoking
2. Processed fish that have a water phase salt level of at least 17% shall not require
refrigerated storage.
3. Processed fish which contain a water phase salt level of at least 10% or a Ph of 4.6 or below may be distributed at temperatures that do not exceed 45EF.
A. Shipping containers, retail packages, and shipping records relating to processed fish shall indicate, by appropriate labeling, the perishable nature of the product. Frozen finished product shall clearly indicate that the product shall remain frozen until thawed at refrigerated temperatures and shall not be refrozen. Refrigerated product shall clearly and conspicuously state Keep Refrigerated at 38EF. or Below. B. Packages shall be coded for processing traceability. C. Package labels shall list all ingredients. Package labeling should comply with the Nutritional Labeling and Education Act where required under Federal law.
Violations: Any person who violates any provision of this rule may be punished under Chapter 551 of 22 MRSA §§ 1865 and 2166.
STATUTORY AUTHORITY 22 MRSA §§ 1851 and 2153
EFFECTIVE DATE:
October 6, 1993
AMENDED:
February 6, 1994
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 4, 1996
CONVERTED TO MS WORD:
May 20, 2008
CORRECTIONS:
February, 2014 – agency names, formatting