Section 18.31.760. Reduced oxygen packaging at food services or markets.

	(a)  In addition to the other applicable requirements of this chapter, the operator of a food service or market who uses reduced oxygen packaging shall comply with this section.  
	(b)  The operator of a food service or market may reduce oxygen package the following without developing a HACCP plan under 18 AAC 31.710:  
		(1) nonpotentially hazardous food;  
		(2) repealed 12/28/2006;  
		(3) repealed 12/28/2006;  
		(4) food that is received frozen and kept frozen until use, subject to (5) of this subsection; and  
		(5) food that is rapidly frozen prior to or as part of a reduced oxygen packaging process and stored frozen until reheated or thawed for immediate use; food described in this paragraph and (4) of this subsection must meet the following continuous cooling and freezing requirements:  
			(A) the food must be cooled from 135_ F to 70_ F or below within two hours;  
			(B) the food must be cooled from 70_ F to 41_ F or below within four hours; and  
			(C) the food must be frozen completely to below 10_ F within 24 hours.  
	(c)  Except as provided in (e) and (h) of this section, the operator of a food service or market may reduce oxygen package food in addition to the food described in (b) of this section if the food has characteristics that will present a barrier to the growth of infectious or toxigenic microorganisms, Listeria monocytogenes, and Clostridium botulinum, and a HACCP plan is developed and followed as required in 18 AAC 31.710.  Food subject to this subsection includes  
		(1) food with a water activity that measures below 0.91;  
		(2) food with a pH of 4.6 or less;  
		(3) food cured onsite using a standard recipe approved by the department with an initial sodium nitrite concentration of 120 ppm and 3.5 percent water phase salt concentration;  
		(4) a meat or poultry product that is cured at a food processing plant regulated by the USDA using substances specified in 9 C.F.R. 424.21, adopted by reference at 18 AAC 31.011, and that is received in an intact package; and  
		(5) a food with a high level of competing organisms, including raw meat or raw poultry.  
	(d)  Except for seafood subject to 18 AAC 34 and as specified in (h) of this section, if food is reduced oxygen packaged under (c) of this section, the operator of a food service or market shall  
		(1) discard the food if, within 14 days after packaging, it is not served or sold for consumption;  
		(2) limit the refrigerated shelf life of the reduced oxygen packaged food to the earlier of the following:   
			(A) no more than 14 days from packaging to sale, service, or consumption, except the time the product is maintained frozen;  
			(B) the original manufacturer's "sell by" or "use by" date; and  
		(3) attach the following labels:  
			(A) "Keep refrigerated at 41_ F or below and use within 7 days of purchase, unless frozen."; and  
			(B) "Sell by month/day/year," with the date specified being no more than 14 days after packaging.  
	(e)  The following food products may not be reduced oxygen packaged at a food service  or market:  
		(1) uncured meat and poultry cooked at a food service or market;  
		(2) ricotta cheese, cottage cheese, cheese spread, and combinations of cheese and other ingredients, such as vegetables or meat;  
		(3) seafood products that are acidified, dehydrated, smoked, or thermally processed unless the food service or market also has a current permit issued under 18 AAC 34; and  
		(4) other seafood products unless they meet requirements in (b)(4) or (b)(5) of this section.  
	(f)  In addition to the requirements in (a) - (e) of this section, the operator of a food service or market shall ensure that  
		(1) conspicuous signs are posted in the packaging area that list products that may be reduced oxygen packaged and warn against packaging any other product;  
		(2) all aspects of a reduced oxygen packaging process are conducted in an area completely separated by partition or space from areas used for raw or fully-cooked products, except those raw or fully-cooked products being packaged, and that the dedicated packaging area is not used for any other purpose;  
		(3) only persons who are trained regarding use of the equipment, procedures, and concepts required for safe packaging are allowed to use reduced oxygen packaging equipment;  
		(4) potentially hazardous food approved for reduced oxygen packaging is refrigerated at a temperature of 41_ F or below or frozen at a temperature of 0_ F or below, as appropriate, at all times except during short periods of processing not to exceed 30 minutes;  
		(5) gases, if used in packaging, are of food grade; and  
		(6) packaging material is appropriate and adequate for the food, associated pathogens, and method of processing, including the type of gas, if any.  
	(g)  In addition to the labeling requirements of this section, the operator of a food service or market shall ensure that reduced oxygen packaging meets the applicable requirements of 18 AAC 31.060.  
	(h)  The operator of a food service or market may package cheeses using a reduced oxygen packaging method if the operator   
		(1) limits the cheeses packaged to those that  
			(A) are commercially processed in a food processing plant with no ingredients added in the food service or market; and  
			(B) meet the standards of identity as specified in 21 C.F.R. 133.150, 21 C.F.R. 133.169, or 21 C.F.R. 133.187, adopted by reference in 18 AAC 31.011;  
		(2) has a HACCP plan developed and followed as required in 18 AAC 31.710;  
		(3) complies with (a), (b), (f), and (g) of this section;  
		(4) labels the package on the principal display panel with a "use by" date that does not exceed 30 days or the original manufacturer's "sell by" or "use by" date, whichever occurs first; and  
		(5) discards the reduced oxygen packaged cheese if it is not sold, served, or consumed within 30 days after its packaging.  

Authorities

17.20.005;17.20.010;17.20.020;17.20.072;17.20.180;17.20.290;44.46.020;03.05;17.20

Notes

Reference

18 AAC 31.020
18 AAC 31.050
18 AAC 31.210
18 AAC 31.710
18 AAC 31.990

Authority

AS 17.20.005 AS 17.20.010 AS 17.20.020 AS 17.20.072 AS 17.20.180 AS 17.20.290 AS 44.46.020 Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.760, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20. Information about how to review or obtain a copy of the requirements referred to in 18 AAC 31.760 and adopted by reference in 18 AAC 31.011 is set out in the editor's note to 18 AAC 31.011.

History

Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

References

18.31.760;18.31;18.31.011