HomeMy WebLinkAbout454 Ellington Road (3) `QyIN SC'
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
OR•CO TELEPHONE (860) 644-2511
November 28, 2016
Jamie & Cheryl McDonald, Owners
Bear's Express
454 Ellington Road
South Windsor, CT 06074
Subject: ROP of Precooked and Packaged Frozen Meals
Jamie and Cheryl McDonald,
It has come to the attention of our department that food produced at Bears may be sold
precooked, frozen and vacuum packed for retail sale. The product would be produced at the
South Windsor location,Bear's Express.
I am writing to inform you of the necessary steps that would need to be performed should you
decided to pursue this endeavor:
1. kdeguate equipmenl. Based on past inspections, the Bear's location in South
Windsor does not have an adequate amount of refrigeration or freezing capacity in
order to produce meals for another site. Temperature violations have been recorded at
the past two inspections due to lack of sufficient refrigeration size. This was noted on
the inspection report. At this point in time we strongly recommend that you
incorporate other commercial refrigeration or freezing units in order to accomplish
proper cooling, freezing, and or holding of additional products (CT Department of
Public Health Codes 19-13-B42(m)(1),(m)(3)).You shall submit plans and/or cut
sheets for additional units to our department for our review before adding such
equipment to ensure compliance with the CT Public Health Code.
2. ROP (Reduced Oxygen(Reduced Packagin�I. I have attached information from the CT DCP
regarding vacuum sealing and selling of retail meat products. At the current time the
CT Department of Health does not have regulation in place concerning ROP for retail
exempt establishments and it would not be permitted at this time.
3. Contact 1 ISDA. I would strongly recommend that you also contact the local
Department of Agriculture in regards to processing your product, in order to clarify
any necessary steps you may need to perform under their jurisdiction. The selling of
processed meat products falls under the Food Safety and Inspection Service (FSIS) of
the USDA. There are some provisions that are allowed/restricted based on what and
how much you sell. You can call the USDA Office of Program and Policy
Development at 1-800-233-3935.
Please contact this department with any questions or concerns you may have. You may reach
me at 860-337-6182,or email me at diane.collelo@southwindsor.org.
Sincerely,
/c"-C� a4f
Diane L. Collelo,Environmental Health Office
Town of South Windsor Health Department
Enclosures
MEMORANDUM
TO: FOOD PROGR,\N1
FROM: FRl\NK GRFENE,DIRECTOR,DIVISION OF FOOD&S'1';AND;AR1)S
SUBJECT: POLICY CO\dP1,I,ANCE GUIDEI.INIiS FOR SM.1?OF ME,A'1';A'1'RF;1',AIl
DATE: DFCFN1BkR 19,2011
Questions have come up with respect to retail exemption from inspection of USDA
slaughtered and processed meat. The exemption covers further processing of quarter or
halves of those animals requiring USDA FSIS inspection the so-called Butcher Shop
Exemption. This guidance does not seek to answer questions on compliance with USDA
FSIS regulatory compliance, compliance with all applicable laws is the sole responsibility
of the retailer. It does however explain the Department's policy with respect to the retail
sale of further processed inspected meat including those products sold at Farmer's
Markets.
The Department of Consumer Protection authority and jurisdiction in this area is through
the statutes and regulations promulgated under Connecticut's Uniform Food and Drug
Act, specifically sections §21a-100 and §21a-101 and Connecticut's Unfair Sales
Practices Act §42-1 15m. Authority over local health officials is neither intended nor
implied.
This material L, Keen developed from material produced by the University of Florida
Extension Sery i c
Retail Exemption
Retail establishments, such as grocery stores and markets, are exempt from federal
inspection during further processing of inspected meat products, provided the meat was
derived from animals slaughtered under either state or federal inspection. There are
distinct requirements under this exemption specifying what a retail exempt facility can
and can not do. A retail market can not:
1. Slaughter without Federal inspection;
2. Conduct meat canning without Federal inspection;
3. Sell to other retail markets; or
Carr,Chad,Larry Eubanks,and Ryan Dijkhuis. "Custom and Retail Exempt Meat Processing."OF
Extension Publication#AN204
Question - What is or is there a "normal retail quantity" restriction for selling ground
product direct to consumers?
Answer—Yes. It would be the same as the "normal retail quantity" of product of a given
species.
Question - How do processors control how a product is used after its purchase?
Answer—If a consumer is buying a large volume of product the processor should ask
how it will be used. However, it is almost impossible to police how products are used
after selling.
Question -Can retail exempt products originating from federally inspected product be
shipped and sold to customers between states via U.S. Mail?
Answer—Yes, retail exempt products can be shipped via common carrier to interstate
consumers if the products were only derived from federally inspected products.
However, the products can not have an inspection legend.
Question - Can a retail exempt processor sell an uncured, uncooked, un-smoked fresh
sausage to food service within the limits of the retail exemption regulations?
Answer—Yes, a retail store may cut, trim, slice, grind, or freeze, products made from
meat even if the products are multi-ingredient and sell them to food service consumers
within the monetary limits set out by FSIS
The last primary FSIS restriction states a processor can market retail exempt products
from two different stores. The specific USDA requirements for the stores are that:
l. The processor must own the facility or pay for the facility's usage, and,
2. The processor must not have more than two markets open at the same time. A
retail-exempt processor can have a permanent retail store and sell at a
farmer's market, as well as having a roadside stand or truck, as long as no
more than two selling points were open on the same day. Additionally, if the
processor opens a third store, one of the facilities would have to be inspected by
FSIS.
The FSIS exemptions associated with custom or retail exempt meat processing can be
confusing. The FSIS provides email alerts on numerous topics, including the publication
of documents in the Federal Register. Users can subscribe to the list at:
http://www.IIS is.usda.gov/News & I , :iit,.'Email—Subscription/index.asp. Additional
information about retail exemption can be found on the American Association of Meat
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MEMORANDUM
TO: FOOD PROGR:All
FROM: fR,ANK GRVIFNIs,DIRIX TOR,DIVISION OR FOOD&ST,AND,ARDS
SUBJECT: POLICY COMP].]:ANCFs GUIDI?].INES FOR REDUCED OXYGFN Pr\CKAGING V'1'Rl?'C;AIl.
DATE: APRIL 26,2011
A.Defining Reduced Oxygen Packaging
"Reduced Oxygen Packaging" (ROP) means:
(i) The reduction of the amount of oxygen in a package by removing oxygen;displacing oxygen
and replacing it with another gas or combination of gases; or otherwise controlling the oxygen
content to a level below that normally found in the ambient atmosphere (which is typically at 21%
oxygen content,ROP would therefore be less than 21%oxygen), and
(ii) A process that involves a food for which the hazards of Clostridium botulinum and Listeria
monocytogenes require control in the final packaged form.
Typical applications for ROP include:
"Vacuum Packaging" (VP) in which air is removed from a package of food and the package is
hermetically sealed so that a vacuum remains inside the package,
`'\Ioditled .\tm,»k)hcre Packa�nin_nj," (MAP) in which the atmosphere of a package of food is
modified so that its composition is different from air but the atmosphere may change over time due
to the permeability of the packaging material or the respiration of the food. Modified atmosphere
packaging includes: reduction in the proportion of oxygen, total replacement of oxygen, or an
increase in the proportion of other gases such as carbon dioxide or nitrogen,
"Controlled Atmosphere Packaging" (CAP) in which the atmosphere of a package of food is
modified so that until the package is opened, its composition is different from ambient air with
continuous control of the atmosphere, using oxygen scavengers or a combination of total
replacement of oxygen,non-respiring food, and impermeable packaging material,
"Cook Chill Packaging" (CCP) in which cooked food is hot filled into impermeable bags (usually
as part of a total system),where the air expelled and the bags are then sealed or crimped closed. The
bags are rapidly chilled and refrigerated at temperatures that inhibit the growth of psychotropic
pathogens,and,
❖ Meat products produced and packaged under the auspices of the USDA's Meat
Inspection Program in a USDA regulated establishment. Such products should be
received and retailed in an intact package.
❖ Foods with high levels of non-pathogenic competing organisms (harmless bacteria) such
as raw meat,raw poultry or fermented natural hard and semi-soft cheeses containing live
starter culture organisms. (Ricotta, cottage cheese, cheese spreads and combinations of
cheese and other ingredients such as vegetables or meat are examples of cheese products
which should not be packaged.)
❖ Commercially frozen foods, which do not meet the above criteria, provided they are
conspicuously labeled"Keep Frozen Until Use."
❖ Commercially packed controlled atmosphere packages which maintain a reduced level of
oxygen sufficient to control the growth of Clostridium botulinum.
❖ Certification or independent laboratory analysis in writing indicating the process and
parameters for storage (should be maintained with the product).
Fish and fish products (except frozen product) should not be packaged in reduced oxygen
containers at retail. In addition, meat or poultry products which are smoked or cured at retail should
not be packaged in reduced oxygen containers unless a review has been conducted by either
Consumer Protection or the local health department. Such product should be date marked and
either sold or discarded in conformance with guidance specified in the most current FDA Model
Food Code ,vww.fda.,go%•: hood 611nl';afcty 'retail£oudprotecutan.!foodcode.
Product purchased for the purpose of repackaging should include stringent written product
purchase specifications for the Clostridium botulinum control parameter, i.e. pH, water activity,
nitrites, viable competing microbes, etc., which the original manufacturer of the product should
meet.
E. ROP Procedures
Reduced oxygen packaged foods packed at retail should be maintained at a temperature of 41°F
or below. Retail packages should be prominently and conspicuously labeled"Keep refrigerated."
Access to the reduced oxygen packaging equipment should be restricted to persons who have
been trained on the equipment, the procedures and the concepts required for safe reduced oxygen
packaging.
Written Hazard Analysis and Critical Control Point (HACCP) plan and Standard Sanitary
Operating Procedures (SSOPs) should be developed, adhered to and monitored. These procedures
should include steps to minimize opportunities for product adulteration and cross-contamination and
should include the following components,
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1. Procedures which must be followed
2. Critical limits which must be met, monitored, have corrective actions if not met and
record keeping
3. Consequences of not meeting critical limits
4. SSOPs (especially hand washing,no bare hand contact with ready-to-eat foods, cleaning
and sanitizing food contact equipment)
5. Dedicated work areas to separate raw and RTE foods
Planning,Placement&Equipment
1. Care should be taken with respect to placement of the product in the context of the
manufacturer's recommendations and effective use, cleaning and sanitizing of the
equipment,
2. Equipment uses should be designed to operate within the requirements of the
establishments and if applicable should meet industry standards such as NSF or
equivalent,
Food Specific Requirements-
Cook chill and sous vide packaging
1. Refrigeration units must be continuously monitored electronically and visually examined
twice daily
2. Bagged product transported to a satellite location must have temperature monitored
using verifiable monitoring
3. Maximum shelf life at 34°F (if not frozen)is 30 days after preparation
4. Bags must be labeled with product name and date packaged
5. Cooling and refrigeration temperature records must be held 6 months and made
available to the regulatory authority
6. Review is required if the process deviates from the manufacturer's system
Vacuum Packaged Cheeses
1. Only cheeses that meet the Standard of Identity for hard cheeses (21 CFR 133.150), serni-
soft cheeses (21 CFR 133.187) and pasteurized process cheeses (21 CFR 133.169) may be
vacuum packaged in food establishments without prior review.
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18. Confirm that product temperatures are visually examined twice daily
19. Records Reviews-
❖ Pick 3-4 packages from storage or display
❖ Choose different lots or expiration dates,if possible
❖ Is the required information on the label?
❖ Are corresponding records available for each lot?
❖ Has all the information required by the HACCP plan been recorded on the log sheet or on
the computer records?
❖ Were there any instances that corrective action was required?
❖ Was the corrective action done
G. Enforcement
Failure to adhere to the foregoing guidelines may result in a Department of Consumer
Protection determination that the product in question is adulterated and in violation of the
Connecticut Uniform Food&Drug.
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