Section 25-A1007. TEMPERATURE AND TIME CONTROL - READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD), DATE MARKING

 

1007.1Except when packaging food using a reduced oxygen packaging method as specified in § 1011, and except as specified in §§ 1007.4 and 1007.5, refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) prepared and held in a food establishment for more than twenty-four (24) hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded when held at a temperature of five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less for a maximum of seven (7) days. Pf 

 

1007.2Except as specified in §§ 1007.4 through 1007.6, a container of refrigerated, ready-to-eat potentially hazardous food (time/temperature control for safety food) prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a 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 shall be consumed on the premises, sold, or discarded  based on the temperature and time combinations specified in § 1007.1 and: Pf 

 

(a)The day the original container is opened in the food  establishment shall be  counted as Day 1; Pf and

 

(b)The day or date marked by the food establishment may not  exceed a  manufacturer’s use-by-date if the manufacturer determined the use- by  date based on food safety. Pf 

 

1007.3A refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient. Pf

 

1007.4A date marking system that meets the criteria stated in §§ 1007.1 and 1007.2 may include:

 

(a)Using a for refrigerated, ready-to-eat potentially hazardous food  (time/temperature control for safety food) that is frequently rewrapped,  such as lunchmeat or a roast, or for which date marking is impractical,  such as soft service mix or milk in a dispensing machine;

 

(b)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 in § 1007.1;

 

(c)Marking the date or day the original container is opened in a food  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 in § 1007.2; or

 

(d)Using calendar dates, days of the week, color-coded marks, or other  effective marking methods, provided that the marking system is disclosed  to the Department upon request.

 

1007.5Subsections 1007.1 and 1007.2, do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request.

 

1007.6Subsection 1007.2 does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

 

(a)Deli salads, such as ham, seafood salad, chicken salad, egg salad, pasta  salad, potato salad, and macaroni salad, manufactured in accordance with  21 C.F.R. § 110 Current good manufactured practice in manufacturing,  packing, or holding human food;

 

(b)Hard cheeses containing not more than thirty-nine percent (39%) moisture  as defined in 21 C.F.R. § 133 - Cheeses and related cheese  products, such  as cheddar, gruyere, parmesan and reggiano, and romano;

 

(c)Semi-soft cheeses containing more than thirty-nine percent (39%)  moisture, but not more than fifty percent (50%) moisture, as defined in 21  C.F.R. § 133 - Cheeses and related cheese products, such as blue, edam,  gorgonzola, gouda, and monterey jack;

 

(d)Cultured dairy products as defined in 21 C.F.R. § 131 - Milk and cream,  such as yogurt, sour cream, and buttermilk;

 

(e)Preserved fish products, such as pickled herring and dried or salted cod,  and other acidified fish products defined in 21 C.F.R. § 114 – Acidified  foods;

 

(f)Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami  that are not labeled “Keep Refrigerated” as specified in 9 C.F.R. § 317 -  Labeling, marking devices, and containers, and which retain the original  casing on the product; and

(g)Self stable salt-cured products such as prosciutto and Parma (ham) that are  not labeled “Keep Refrigerated” as specified in 9 C.F.R. § 317 - Labeling,  marking devices, and containers.

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246: D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627: D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 2002-103, dated June 18, 2002 and Mayor’s Order 98-139, dated August 20, 1998.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6249-51 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).