Section 750.151  Ready-to-Eat Potentially Hazardous Food, Date Marking

a)         On-Premises Preparation (prepare and hold cold)

Except when packaging food using a reduced oxygen packaging method, and except as specified in subsections (d) and (e) of this Section, refrigerated, ready-to-eat potentially hazardous food prepared and held in a food establishment for more than 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, and maintained at 41°F or less for a maximum of 7 days.  The day of preparation shall be counted as Day 1.

b)         Commercially Processed Food (open and cold hold)

Except as specified in subsections (d)-(f) of this Section, refrigerated, ready-to-eat potentially hazardous 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 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 combination specified in subsection (a) of this Section.

1)         The day the original container is opened in the food establishment shall be counted as Day 1.

2)         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.

c)         A refrigerated, ready-to-eat potentially hazardous food ingredient or a portion of a refrigerated, ready-to-eat potentially hazardous 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.

d)         A date-marking system that meets the criteria stated in subsections (a) and (b) of this Section may include:

1)         Using a method approved by the regulatory authority for refrigerated, ready-to-eat potentially hazardous 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) of this Section;

3)         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 under subsection (b) of this Section; or

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

e)         Subsections (a) and (b) of this Section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

f)          Subsection (b) of this Section does not apply to the following food prepared and packaged by a food processing plant inspected by a regulatory authority:

1)         Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 110:  Current Good Manufacturing Practice in Manufacturing, Packaging, or Holding Human Food;

2)         Hard cheeses containing not more than 39% moisture as defined in 21 CFR 133:  Cheeses and Related Cheese Products;

3)         Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133:  Cheeses and Related Cheese Products;

4)         Cultured dairy products as defined in 21 CFR 131:  Milk and Cream;

5)         Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114:  Acidified Foods;

6)         Shelf-stable, dry fermented sausages, such as pepperoni and Genoa salami that are not labeled "Keep Refrigerated" as specified in 9 CFR 317:  Labeling, Marking Devices, and Containers; and

7)         Shelf-stable salt-cured products such as proscuitto and Parma (ham) that are not labeled "Keep Refrigerated" as specified in 9 CFR 317:  Labeling, Marking Devices, and Containers.

(Source:  Added at 32 Ill. Reg. 11980, effective July 10, 2008)