410 IAC 7-26-214 Ready-to-eat TCS food; date marking

Sec. 214. (a) Except when packaging food using a reduced oxygen packaging method as specified under section 218 of this rule, and except as specified in subsection (e), refrigerated, ready-to-eat TCS food prepared on-premises and held in a retail food establishment for more than twenty-four (24) hours must be clearly marked to indicate the date or day by which the food must be consumed on the premises, sold, or discarded when held at a temperature of not more than forty-one (41) degrees Fahrenheit, five (5) degrees Celsius for a maximum of seven (7) days. The day of preparation is counted as day one (1). (b) Except as specified in subsections (e) and (f), refrigerated, ready-to-eat TCS food prepared and packaged by a food processing plant must be clearly marked, at the time the original container is opened in a retail food establishment and if the food is held for more than twenty-four (24) hours, to indicate the date or day by which the food must be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in subsection (a) and the following apply: (1) The day the original container is opened in the establishment is counted as day one (1). (2) The day or date marked by the establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety. (c) A refrigerated, ready-to-eat TCS food or portion of a refrigerated TCS food that is subsequently combined with additional ingredients or portions of food must retain the date marking of the earliest or first prepared ingredient. (d) A date marking system that meets the criteria stated in subsections (a) and (b) may include: (1) using a method approved by the regulatory authority for refrigerated, ready-to-eat TCS food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine; (2) marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection (a); (3) marking the date or day the original container is opened in the establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection (b); or (4) using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided the marking system is disclosed to the regulatory authority on request. (e) Subsections (a) and (b) do not apply to: (1) individual meal portions served or repackaged for sale from a bulk container on a consumer's request; or (2) shellstock. (f) Subsection (b) does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority: (1) Deli salads, such as: (A) ham; (B) seafood; (C) chicken; (D) egg; (E) pasta; (F) potato; and (G) macaroni; salad, manufactured in accordance with 21 CFR 117. (2) Hard cheeses containing not more than thirty-nine percent (39%) moisture as defined in 21 CFR 133, such as: (A) cheddar; (B) gruyere; (C) parmesan; (D) parmigiano reggiano; and (E) romano. (3) Semisoft cheeses containing more than thirty-nine percent (39%) moisture, but not more than fifty percent (50%) moisture, as defined in 21 CFR 133, such as: (A) blue; (B) edam; (C) gorgonzola; (D) gouda; and (E) monterey jack. (4) Cultured dairy products as defined in 21 CFR 131, such as yogurt, sour cream, and buttermilk. (5) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114. (6) Shelf stable, dry fermented sausages, such as pepperoni and genoa. (7) Shelf stable salt-cured products, such as prosciutto and Parma (ham). (g) For purposes of this section, a violation of subsection (a), (b), or (c) is a PF item.