SECTIONS 114419-114423

114419.  (a) Food facilities may engage in any of the followingactivities only pursuant to an HACCP plan as specified in Section114419.1: (1) Smoking food as a method of food preservation rather than as amethod of flavor enhancement. (2) Curing food. (3) Using food additives or adding components such as vinegar as amethod of food preservation rather than as a method of flavorenhancement, or to render a food so that it is not potentiallyhazardous. (4) Operating a molluscan shellfish life support system displaytank used to store and display shellfish that are offered for humanconsumption. (5) Custom processing animals that are for personal use as foodand not for sale or service in a food facility. (6) Preparing food by another method that is determined by theenforcement agency to require an HACCP plan. (b) Food facilities may engage in the following only pursuant toan HACCP plan that has been approved by the department: (1) Using acidification or water activity to prevent the growth ofClostridium botulinum. (2) Packaging potentially hazardous food using a reduced-oxygenpackaging method as specified in Section 114057.1.114419.1.  For a food facility that is required under Section 114419to have an HACCP plan, the plan and specifications shall indicateall of the following: (a) A flow diagram of the specific food for which the HACCP planis requested, identifying critical control points and providinginformation on the following: (1) Ingredients, materials, and equipment used in the preparationof that food. (2) Formulations or recipes that delineate methods and proceduralcontrol measures that address the food safety concerns involved. (b) A food employee and supervisory training plan that addressesthe food safety issues of concern. (c) A statement of standard operating procedures for the planunder consideration including clearly identifying the following: (1) Each critical control point. (2) The critical limits for each critical control point. (3) The method and frequency for monitoring and controlling eachcritical control point by the food employee designated by the personin charge. (4) The method and frequency for the person in charge to routinelyverify that the food employee is following standard operatingprocedures and monitoring critical control points. (5) Action to be taken by the person in charge if the criticallimits for each critical control point are not met. (6) Records to be maintained by the person in charge todemonstrate that the HACCP plan is properly operated and managed. (d) Additional scientific data or other information, as requiredby the department, supporting the determination that food safety isnot compromised by the proposal.114419.2.  (a) Applicable HACCP training shall be provided anddocumented for food employees who work in the preparation of food forwhich an HACCP plan has been implemented. Training given to foodemployees shall be documented as to date, trainer, and subject. (b) Verification of critical limits specified in an HACCP planshall be conducted by a laboratory approved by the department priorto implementation of the HACCP plan. Documentation of laboratoryverification shall be maintained with the HACCP plan for the durationof its implementation. (c) No verification of the effectiveness of a critical limit shallbe required if the critical limits used in the HACCP plan do notdiffer from the critical limits set forth in this part. (d) The person operating a food facility pursuant to a HACCP planshall designate at least one person to be responsible forverification of the HACCP plan. Training for the designated personshall include the seven principles of HACCP and the contents of theHACCP plan as described in Section 114419.1. HACCP training recordsof the designated person shall be retained for the duration ofemployment, or a period of not less than two years, whichever isgreater. (e) Critical limit monitoring equipment shall be suitable for itsintended purpose and shall be calibrated as specified by itsmanufacturer. The food facility shall maintain all calibrationrecords for a period not less than two years.114419.3.  (a) Except as specified in Section 114419, nothing inthis section shall be deemed to require the enforcement agency toreview or approve an HACCP plan. (b) The enforcement agency shall collect fees sufficient only tocover the costs for review, inspections, and any laboratory samplestaken. (c) An HACCP plan may be disapproved if it does not comply withHACCP principles. (d) The enforcement agency may suspend or revoke its approval ofan HACCP plan without prior notice if the agency finds any of thefollowing: (1) The plan poses a public health risk due to changes inscientific knowledge or the hazards present. (2) The food facility does not have the ability to follow itsHACCP plan. (3) The food facility does not consistently follow its HACCP plan. (e) Within 30 days of written notice of suspension or revocationof approval, the food facility may request a hearing to presentinformation as to why the HACCP plan suspension or revocation shouldnot have taken place or to submit HACCP plan changes. (f) The hearing shall be held within 15 working days of thereceipt of a request for a hearing. Upon written request of thepermitholder, the hearing officer may postpone any hearing date, ifcircumstances warrant that action. (g) The hearing officer shall issue a written notice of decisionwithin five working days following the hearing. If the decision is tosuspend or revoke approval, the reason for suspension or revocationshall be included in the written decision.114421.  (a) Each food facility that identifies a trade secret shallprovide in writing to the enforcement agency the information theyconsider to be a trade secret. (b) The enforcement agency shall treat as confidential, to theextent allowed by law, information that meets the criteria specifiedin law for a trade secret and is contained on inspection report formsand in the plans and specifications submitted as specified underSection 114419.1.114423.  A microbial challenge study may be submitted to theenforcement agency for review for purposes of verifying that a fooddoes not constitute a potentially hazardous food.