A food establishment that packages food using a reduced-oxygen packaging method must have a HACCP plan that contains the information specified under § 44:02:07:97 and that does the following:

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 an 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 U.S. Department of Agriculture using a combination of nitrites, nitrates, and salt that at the time of processing consists of 120 mg/L or higher concentration of sodium nitrite and a brine concentration of at least 3.50 percent 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;
3. (3) Specifies methods for maintaining food at 5° C(41° F) or below;
4. (4) Describes how the packages must be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to maintain the food at 5°C (41°F) or below and to discard the food within 14 calendar days of its packaging if it is not served for on-premises consumption or, if served or sold for off-premises consumption it is not consumed;
5. (5) Limits the shelf life to no more than 14 calendar days from packaging to consumption or to the original manufacturer's "sell by" or "use by" date, whichever occurs first;

6. (6) Includes operational procedures that do the following:

   1. (a) Prohibit contacting food with bare hands;
   2. (b) Identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination and by which 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) scribes the training program that ensures that the individual responsible for the reduced-oxygen packaging operation understands the following:

   1. (a) Concepts required for a safe operation;
   2. (b) Equipment and facilities; and

   3. (c) Procedures specified in subdivision (6) of this section and § 44:02:07:97.

      Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced-oxygen packaging method.

Source: 23 SDR 195, effective May 26, 1997.

General Authority: SDCL 34-1-17 , 34-18-22.

Law Implemented: SDCL 34-18-22 , 34-18-25.