18 AAC 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) meat and poultry products received in intact packages and cured at a processing plant regulated by the USDA;

(3) food with high levels of nonpathogenic competing organisms such as raw meat, raw poultry, and fermented natural hard or semi-soft cheese containing live starter culture organisms;

(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 140УИ F to 70УИ F or below within two hours;

(B) the food must be cooled from 70УИ F to 41УИ F or below within four hours, except as specified in 18 AAC 31.410(k) ; and

(c) Except as provided in (e) 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 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 0.93;

(2) food with a pH of 4.6 or less; and

(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.

(d) Except for seafood subject to 18 AAC 34, if food is reduced oxygen packaged under (c) of this section, the operator of a food service or market shall

(1) sell the food within 14 days after packaging;

(2) ensure that the shelf life on the label of the reduced oxygen packaged food does not exceed any original processor's shelf life; and

(3) attach the following labels:

(A) "Keep refrigerated at 41УИ 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 41УИ F or below or frozen at a temperature of 0УИ F or below, as appropriate, at all times except as specified in 18 AAC 31.410(k) or 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.

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

Authority: AS 17.20.005

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.

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