Issue View | Council III | 2020 Scribe Packet
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Issue Number: Council III 034
Issue History
This is a brand new Issue.
Title
Inclusion of the phrase "expelled air" in the definition of ROP
Issue you would like the Conference to consider
The phrase "expelled air" in the definition of ROP Cook Chill Packing is confusing and is not defined. According to the current definition of Reduced Oxygen Packaging as outlined in 1-201.01 of the Food Code, a bag of hot product that is sealed does not meet the definition of ROP. However, the FDA suggests that the process of sealing a bag of hot product meets the definition even the air is not "expelled" in any form or fashion.
Public Health Significance
There are many facilities who are using cook/chill methods. However, they are not expelling any air from the bags, they are simply sealing the bag without any vacuum method. Therefore, this process does not meet the definition of ROP because the air is not being 'expelled'. This causes significant enforcement issues because the process they are using does not meet the definition of ROP, but yet the FDA is providing guidance that says anytime a bag of warm food is sealed in any method, it constitutes ROP.
Recommended Solution: The Conference recommends...
Remove the phrase "which have the air expelled" from the definition of Reduced Oxygen Packaging 2(b) Cook Chill PACKAGING as found in Section 1-201.10 of the 2017 Food Code.
"(d) Cook chill PACKAGING, in which cooked FOOD is hot filled into impermeable bags which have the air expelled and are then sealed or crimped closed. The bagged FOOD is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens;"
