Town of Salem, NH Article XXIII Commercial Food Processing

§ 270-54 Processing authorities. [1]

Whenever a commercially produced or processed food requires a food processing authority, the information shall be sent to one of the food processing authorities on the current list available from the Health Division and on the Town of Salem website.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 270-55 Special requirements for food service establishments processing food in commercial kitchen.

A. Basic requirements. Food service establishments commercially processing food shall comply with:

(1) All of the requirements of §§ 270-4 through 270-48.

(2) All of the requirements of §§ 270-54 through 270-63.

B. Products approved for processing in a commercial kitchen. Only the following food products shall be produced in food service establishments commercially processing food:

(1) Acidified foods, including but not limited to pickles, pickled products, relishes, salsas and sauces;

(2) Potentially hazardous foods;

(3) Foods processed under reduced oxygen packaging methods;

(4) Foods which undergo aseptic processing and packaging;

(5) Jams and jellies; and

(6) Baked goods, pies, candy and dry products such as spices and herbs.

C. Processing requirements. Food service establishments processing food in a commercial kitchen shall comply with the following:

(1) Develop and implement HACCP plans containing the information required under Subsections K and L;

(2) A review of a scheduled process shall be conducted by a food processing authority on each product listed in Subsection B(1), (3) and (4) above prior to its being produced by the license holder. If the food processing authority declares, in writing, that there are no biological concerns with the food after evaluating the scheduled process, the food shall be allowed to be produced;

(3) In order for the review required under Subsection C(2) above to be conducted, the following shall be submitted to the food processing authority:

(a) Recipe(s) with all the ingredients and quantities listed;

(b) Processing times and procedures; and

(c) Sample(s) of prepared and processed product as ready for sale and distribution;

(4) The natural pH and equilibrium pH shall be recorded for each batch of product produced;

(5) License holders shall keep records of all pHs on file and available for review by the regulatory authority upon request;

(6) Another scheduled process review shall be conducted for a product that has been previously tested if the ingredients are altered or the process changes;

(7) License holders shall keep all scheduled process review information on file and available for review by the regulatory authority upon request; and

(8) License applicants shall submit process review information with license applications pursuant to § 270-56.

D. Labeling.

(1) Labeling of all packaged foods. All packaged food, unless exempt under Subsection D(1)(b) below, shall bear a label showing:

(a) The common or usual name of the product;

(b) The name and address of the manufacturer's, packer's, or distributor's business which shall:

[1] In the case of an individual, partnership, or association be the name under which the business is conducted;

[2] In the case of a corporation, be the name of the parent corporation; or

[3] Where the food is not processed by the person whose name appears on the label, the name on the label shall be qualified by a phrase which reveals the connection such a person has with the food, including but not limited to "Manufactured for _______________", "Distributed by _______________", or any other wording which expresses the facts;

(c) The ingredients in descending order of predominance by weight;

(d) The net weight or numerical count in both U.S. customary and metric; and

(e) A product code which includes date of manufacture, container size, and product lot or batch number to aid in a recall of product in case of a public health hazard.

E. Production and process controls.

(1) License holders shall ensure that finished foods do not present a health hazard.

(2) Food service establishments commercially processing foods shall process such foods in accordance with the scheduled process evaluated under Subsection C above.

(3) Acidified foods shall be manufactured, processed, and packaged so that a finished equilibrium pH value of 4.6 or lower is achieved within the time designated in the scheduled process and maintained in all finished foods, by imposing controls, including but not limited to frequent testing and recording of results, to ensure that the finished equilibrium pH values for acidified foods are not higher than 4.6.

(4) If the finished equilibrium pH of the food is above 4.0, the measurement of the finished equilibrium pH shall be performed by a potentiometric method, and the in-process measurements by titration or colorimetry shall be related to the finished equilibrium pH, or if the finished equilibrium pH is 4.0 or below, then the measurement of acidity of the final product shall be permitted to be made by any suitable method.

(5) Acidified foods shall be thermally processed to an extent that is sufficient to destroy vegetative cells of microorganisms of public health significance and those of nonhealth significance capable of reproducing in food under the conditions in which the food is stored, distributed, retailed and held by the user.

(6) Containers of acidified foods shall be tested and examined often to ensure that the container suitably protects the food from leakage or contamination.

(7) Each hermetically sealed container of acidified food shall be marked with an identifying code visible to the naked eye which shall:

(a) Specify in code the establishment where packed, the product contained therein, and the year, day, and period during which it was packed; and

(b) Be changed with sufficient frequency to enable ready identification of lots during their sale and distribution.

F. Deviations from scheduled processes. Whenever any process operation deviates from the scheduled process for any acidified food and/or the equilibrium pH of the finished product is higher than 4.6, the commercial processor of the acidified food shall either:

(1) Fully reprocess that portion of the food; or

(2) Discard that portion of the food.

G. Methodology for determining pH or acidity. One of the following methods shall be used to determine pH or acidity for acidified food:

(1) Potentiometric by the use of a pH meter; or

(2) Colorimetric by the use of:

(a) Indicator solutions;

(b) Indicator papers; or

(c) Titratable acidity.

H. Records required for food service establishments processing food.

(1) License holders shall maintain written, dated records of the entire food processing operation, including:

(a) Examinations of raw materials, packaging materials and finished products;

(b) Processing and production records showing adherence to scheduled processes, including records of pH measurements and other critical factors, including but not limited to temperature, intended to ensure a safe product;

(c) Information, including but not limited to product code, date, container size, and product, to permit a public health hazard evaluation of the processes applied to each lot, batch, or other portion of production;

(d) Whenever there is a deviation under Subsection F, the details shall be recorded and kept in a separate file delineating the deviation, the action taken to rectify it, and the disposition of the product involved; and

(e) Identification of the initial distribution of the finished product to facilitate, when necessary, the segregation of specific food lots that may have become contaminated or otherwise unfit for their intended use.

(2) Copies of all records, except those required under Subsection H(1)(a) above, shall be retained at the processing facility or other reasonably accessible location for a period of three years from the date of manufacture.

I. Special requirements for reduced oxygen packaging.

(1) Food service establishments that package food using a reduced oxygen packaging method shall have a HACCP plan that:

(a) Contains the information specified under Subsections K and L;

(b) Identifies the food to be packaged;

(c) Limits the food packaged to a food that does not support the growth of Clostridium botulinum because it:

[1] Has an a_w of 0.91 or less;

[2] Has a pH of 4.6 or less;

[3] Is a meat product cured at a processing plant regulated by the United States Department of Agriculture using a combination of nitrites, nitrates, and salt that at the time of processing consists of 120 mg/l or higher concentration of sodium nitrite and a brine concentration of at least 3.50% and is received in an intact package; or

[4] Is a food with a high level of competing organisms such as raw meat or raw poultry;

(d) Specifies methods for maintaining food at 5° C. (41° F.) or below;

(e) 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:

[1] Maintain the food at 5° C. (41° F.) or below; or

[2] 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;

(f) Limits the shelf life to no more than 14 calendar days from packaging to consumption or the original manufacturer's sell by or use by date, whichever occurs first;

(g) Includes operational procedures that:

[1] Prohibit contacting food with bare hands;

[2] Identify a designated area and the method by which:

[a] Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination; and

[b] Access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation; and

[3] Delineate cleaning and sanitization procedures for food-contact surfaces; and

(h) Describes the training program that assures that the individual responsible for the reduced oxygen packaging operation understands the:

[1] Concepts required for a safe operation;

[2] Equipment and facilities; and

[3] Operational procedures stated above and HACCP plan information as stated in Subsections K and L.

(2) Except for fish that is frozen before, during, and after packaging, a processor shall not package fish using a reduced oxygen packaging method.

(3) Food service establishments that commercially process food shall meet all the requirements of this section regarding reduced oxygen packaging, including the following:

(a) Only unopened packages of food products obtained from approved sources relating to food safety shall be used to package at retail in a reduced oxygen atmosphere; and

(b) If it is necessary to stop packaging for a period in excess of 1/2 hour, the remainder of the product shall be diverted for another use in the food service establishment.

J. Processed fish and smoked fish. Processed fish, smoked fish and caviar shall not be packaged in reduced oxygen packaging unless establishments are approved for the activity and inspected by the regulatory authority.

K. Hazard Analysis Critical Control Point (HACCP) plans.

(1) Food service establishments processing food in a commercial kitchen shall:

(a) Develop and follow a HACCP plan; and

(b) Keep the plan on file at the processing site for review by the regulatory authority.

(2) The HACCP plan and specifications shall indicate:

(a) The specific foods to be produced;

(b) A flow diagram of specific food identifying critical control points and providing information on the following:

[1] Ingredients, materials, and equipment used in the preparation of that food; and

[2] Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;

(c) A statement of standard operating procedures for the plan under consideration including clearly identifying:

[1] Each critical control point;

[2] The critical limits for each critical control point;

[3] The method and frequency for monitoring and controlling each critical control point;

[4] The method and frequency to routinely verify that the standard operating procedures and monitoring of the critical control points are being followed;

[5] Action to be taken if the critical limits for each of the critical control points are not met; and

[6] Records to be maintained to demonstrate that the HACCP plan is properly operated and managed; and

(d) Additional scientific data or other information supporting the determination that food safety is not compromised by the proposal.

L. Special HACCP requirements for reduced oxygen packaging. All license holders who use reduced oxygen packaging shall develop a HACCP plan in accordance with Subsection K, including:

(1) A complete description of the processing, packaging, and storage procedures designated as critical control points, with attendant critical limits, corrective action plans, monitoring and verification schemes, and records required;

(2) A list of equipment and food-contact packaging supplies used, including compliance standards meeting ANSI certification requirements;

(3) A description of the lot identification system;

(4) A description of the employee training program;

(5) A listing and proportion of food-grade gases used; and

(6) A standard operating procedure for method and frequency of cleaning and sanitizing food-contact surfaces in the designated processing area.