HACCP plans in Texas

DSHS lists a dedicated email address for HACCP and variance requests.

"HACCP or Variance Requests Assistance Phone 512-834-6753 Fax 512-206-3791 Email haccpvariancerequest@dshs.texas.gov"

HACCP or Variance Requests Assistance, undated

Within the listed reduced oxygen packaging critical limits no variance is needed but a HACCP plan is.

"(no variance required but Haccp plan is required)"

ROP Critical Limits, 09/01/2017

The HACCP plan submitted for review must be specific to the proposed reduced oxygen packaging process.

"HACCP Plan must be specific and limited to the proposed Reduced Oxygen Packaging (ROP) process."

Contents of HACCP Plan, Rev.09/01/17

DSHS guidance says a variance is required before specialized processing such as smoking for preservation, curing, preserving with additives or vinegar, or reduced oxygen packaging of TCS food where Clostridium botulinum and Listeria monocytogenes are not otherwise controlled.

"requires a food establishment to obtain a variance for specialized processing methods from the department as specified in 228.243 (a) and (b) of this title before:"

When is a variance request required?, Rev. 09/01/2017

A variance request must state the proposed variance with rule sections, explain how the hazards are otherwise addressed, and include a HACCP plan when one is required.

"the establishment must submit a statement of the proposed variance that includes the section of the rules related to the modification, rationale of how the public health hazard will be addressed, and a HACCP plan if required by these rules."

Requirements for submitting a variance request?, Rev. 09/01/2017

A variance request missing any of the required information will not be approved.

"A “variance request” submitted to the Department of State Health Services (DSHS), Public Sanitation and Retail Food Safety Group that lacks “part or all” of the information stated above will not be approved."

Requirements for submitting a variance request?, Rev. 09/01/2017

DSHS publishes a HACCP plan review checklist listing the contents of a reduced oxygen packaging HACCP plan.

"Hazard Analysis & Critical Control Points (HACCP) Plan Review Checklist"

Title, Rev.09/01/17

Texas adopts the FDA Food Code (the edition named in the quote) and its Supplement by reference in the Texas Food Establishment Rules.

"The department adopts by reference the U.S. Food and Drug Administration (FDA) Food Code 2017 (Food Code) and the Supplement to the 2017 Food Code."

25 TAC 228.1(b), August 2021 (Effective Date: August 8, 2021)

Where Texas law or Chapter 228 conflicts with the adopted Food Code, the Texas rules control.

"In the event of a conflict, Texas law and rules in this chapter prevail over the adopted Food Code."

25 TAC 228.1(d), August 2021 (Effective Date: August 8, 2021)

Cooling and cold holding records must be available to the regulatory authority and kept for at least the stated months.

"Records must be made available to the regulatory authority and held for at least 6 months."

Cook Chill or Sous Vide, 09/01/2017

Monitoring logs for the reduced oxygen packaging process must be kept on site for at least the stated months.

"Record logs/charts must be retained on-site for a minimum of 6 months."

Item 17, Records maintenance and retention, Rev.09/01/17

Transport time and temperature records must be kept at the receiving location for at least the stated months.

"Monitoring records of time and temperature during transport must be maintained on-site at its final destination and retained for a minimum of 6 months."

Additional Notes, Rev.09/01/17

The establishment must implement written operating procedures and a training program.

"The establishment must also implement the written operational procedures and a training program."

Cook Chill or Sous Vide, 09/01/2017

Cook-chill and sous vide packages must be labeled with product name and packaging date.

"labeled with the product name and the date packaged"

Cook Chill or Sous Vide, 09/01/2017

An establishment using cook-chill or sous vide must give the regulatory authority a HACCP plan before starting.

"A food establishment that packages TCS food using cook-chill or sous vide process shall provide to the regulatory authority prior to implementation, a HACCP plan."

Cook Chill or Sous Vide, 09/01/2017

Cook-chill or sous vide food may go off premises only within the same business entity and may not be distributed or sold to another business or to consumers.

"prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer;"

Cook Chill or Sous Vide, 09/01/2017

Food packaged after cooking must be sealed immediately, before its internal temperature drops below the stated value.

"placed in package and sealed immediately after cooking and before reaching an internal temperature below 57 degrees Celsius (135 degrees Fahrenheit);"

Cook Chill or Sous Vide, 09/01/2017

Cook-chill and sous vide food must be held in a unit with continuous electronic time and temperature monitoring, checked visually the stated number of times a day.

"held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily,"

Cook Chill or Sous Vide, 09/01/2017

Food moved to a satellite location of the same business must have verifiable electronic time and temperature monitoring during transport.

"if transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation,"

Cook Chill or Sous Vide, 09/01/2017

Food must be sealed in an oxygen barrier package before cooking, or sealed right after cooking while at or above the stated temperature.

"Foods must be placed in a package with an oxygen barrier and sealed before Cooking, OR placed in a package and sealed immediately after Cooking at a temperature of 135° F or higher."

Additional Notes, Rev.09/01/17

Cook-chill and sous vide food must be cooled in the sealed bag to the stated temperature.

"cooled to 5 degrees Celsius (41 degrees Fahrenheit) in the sealed package or bag"

Cook Chill or Sous Vide, 09/01/2017

Option one: cool further to the colder temperature within the stated hours and use or discard within the stated days of packaging.

"Cooled to 1°C (34°F) within 48 hours of reaching 5°C (41°F) and held at that temperature until consumed or discarded within 30 days after the date of packaging;"

Cook Chill or Sous Vide, 09/01/2017

Option two: hold at the stated temperature for no more than the stated days, then use or discard.

"Held at 5°C (41°F) or less for no more than 7 days, at which time the food must be consumed or discarded; or"

Cook Chill or Sous Vide, 09/01/2017

Option three: hold frozen with no shelf life limit while frozen.

"Held frozen with no shelf life restriction while frozen until consumed or used."

Cook Chill or Sous Vide, 09/01/2017

Bagged foods must be cooled using the standard two-stage cooling times and temperatures.

"Bagged foods must be cooled to 41°F using the standard cooling parameters; i.e., 135° F to 70° F in two hours and 70°F to 41°F within the next four hours."

Item 11, Initial Cooling, Rev.09/01/17

Cooling food to the stated temperature before bagging does not count as cook-chill.

"The cooling of food to 70° F prior to bagging is not considered Cook-Chill."

Additional Notes, Rev.09/01/17

The plan must state that food is discarded at the end of shelf life, opened packages are not reused, and food is not re-chilled to extend shelf life.

"Specific reference that foods will be discarded upon expiration of shelf-life (hold time), no re-use of ROP foods is allowed once opened, and foods may not be re-chilled for additional shelf life."

Item 16, Discard and no re-use/re-chill statement, Rev.09/01/17

Reduced oxygen packaging of TCS food needs a variance unless growth of Clostridium botulinum and Listeria monocytogenes is controlled.

"Packaging time/temperature control for safety food using Reduced Oxygen Packaging method except where the growth of Clostridium botulinum and Listeria Monocytogenes are controlled;"

When is a variance request required?, Rev. 09/01/2017

A pH at or below the stated value, combined with refrigeration, is a recognized secondary barrier for reduced oxygen packaging.

"pH or acidity ≤4.6"

Reduced Oxygen Packaging Barriers, 09/01/2017

A water activity at or below the stated value, combined with refrigeration, is a recognized secondary barrier for reduced oxygen packaging.

"Water activity (aw) ≤ 0.91"

Reduced Oxygen Packaging Barriers, 09/01/2017

Reduced oxygen packaged food with a secondary barrier held at the stated temperature has the stated shelf life, with a HACCP plan but no variance.

"41° with secondary barrier = 30 day shelf life"

ROP Critical Limits (no variance required but Haccp plan is required), 09/01/2017

Reduced oxygen packaged food with no secondary barrier held at the colder stated temperature has the stated shelf life.

"34° No secondary barrier = 30 day shelf life or"

ROP Critical Limits (no variance required but Haccp plan is required), 09/01/2017

Reduced oxygen packaged food with no secondary barrier held at the warmer stated temperature has the shorter stated shelf life.

"41° No secondary barrier = 7 day shelf life"

ROP Critical Limits (no variance required but Haccp plan is required), 09/01/2017

No HACCP plan is needed for reduced oxygen packaged TCS food that is labeled with production time and date, kept cold, and opened in the establishment within the stated hours.

"Exemption: A HACCP plan is not required when a food establishment uses a reduced oxygen packaging method to package TCS food that is always labeled with the production time and date, held at 41°F or less during refrigerated storage and removed from its package in the food establishment within 48 hours after packaging."

Regulatory Authority Approval, 09/01/2017

Fish may be reduced oxygen packaged only if frozen before, during and after packaging.

"Except for FISH that is frozen before, during, and after PACKAGING, a FOOD ESTABLISHMENT may not PACKAGE FISH using a REDUCED OXYGEN PACKAGING method."

Additional Notes, Rev.09/01/17

Reduced oxygen packaged cheese must carry a use-by date no later than the stated days after packaging or the maker's date, whichever is first.

"labels the package on the principal display panel with a “use by” date that does not exceed 30 days from its packaging or the original manufacturer’s “sell by” or “use by” date, whichever occurs first; and"

Cheese, 09/01/2017

Reduced oxygen packaged cheese not sold or used within the stated calendar days of packaging must be discarded.

"discards the reduced oxygen packaging cheese if it is not sold for off-premises consumption or consumed within 30 calendar days of its packaging."

Cheese, 09/01/2017

Using food additives or vinegar to preserve food or make it non-TCS (as with acidified sushi rice) needs a variance.

"Using food additives or adding components such as vinegar: to preserve/render non-time/temperature control for safety food;"

When is a variance request required?, Rev. 09/01/2017

Curing food needs a variance.

"Curing food;"

When is a variance request required?, Rev. 09/01/2017

Smoking food as a preservation method rather than for flavor needs a variance.

"Smoking food as a method of food preservation rather than as a method of flavor enhancement;"

When is a variance request required?, Rev. 09/01/2017

DSHS may ask for additional scientific data showing the proposal does not compromise food safety.

"Additional scientific data or technical documentation may be required which demonstrates food safety is not compromised by the proposal."

Additional Notes, Rev.09/01/17