SECTIONS 114057-114057.1 - California Statutes

HEALTH AND SAFETY CODE

SECTION 114057-114057.1

114057. (a) Potentially hazardous foods that are packed by the food
facility in reduced-oxygen packaging or have been partially cooked
and sealed in any container or configuration that creates anaerobic
conditions shall be plainly date coded. The date coding shall state
"Use By," followed by the appropriate month, day, and year.
(b) For purposes of this section, "partially cooked" means
potentially hazardous foods that have not been sufficiently cooked to
assure commercial sterility or fail to have barriers to prevent the
growth of or toxin formation by Clostridium botulinum.

114057.1. (a) A food facility that packages food using a
reduced-oxygen packaging method and Clostridium botulinum is
identified as a microbiological hazard in the final prepackaged form
shall ensure that there are at least two barriers in place to control
the growth and toxin formation of Clostridium botulinum.
(b) A food facility that packages food using a reduced-oxygen
packaging method and Clostridium botulinum is identified as a
microbiological hazard in the final prepackaged form shall have an
approved HACCP plan that does all of the following:
(1) Contains the information specified under Section 114419.1.
(2) Identifies the food to be prepackaged.
(3) Limits the food prepackaged to a food that does not support
the growth of Clostridium botulinum because it complies with one of
the following:
(A) Has an aw of 0.91 or less.
(B) Has a pH of 4.6 or less.
(C) Is a meat or poultry product cured at a food processing plant
regulated by the U.S.D.A. and is received in an intact package.
(D) Is a food with a high level of competing organisms, such as
raw meat or raw poultry.
(4) Specifies methods for maintaining food at 41 F or below.
(5) 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 maintain the food at
41 F or below and discard the food if within 14 calendar days of its
packaging it is not served for on-premises consumption, or consumed
if served or sold for off-premises consumption.
(6) Limits the refrigerated shelf life to no more than 14 calendar
days from packaging to consumption, except the time product is
maintained frozen, or the original manufacturer's "sell by" or "use
by" date, whichever occurs first.
(7) Includes operational procedures that prohibit contacting food
with bare hands, 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 access to the
processing equipment is restricted to responsible trained personnel
familiar with the potential hazards of the operation, and delineate
cleaning and sanitization procedures for food-contact surfaces.
(8) Describes the training program that ensures that individuals
responsible for the reduced-oxygen packaging operation understand the
concepts required for a safe operation, the equipment and
facilities, and the procedures specified under paragraph (7) and
Section 114419.1.
(c) Except for fish that is frozen before, during, and after
packaging, a food facility shall not package fish using a
reduced-oxygen packaging method.