2006 Nebraska Revised Statutes - § 81-2,272.24 — Potentially hazardous food; date marking; consumption; when.

Section 81-2,272.24
Potentially hazardous food; date marking; consumption; when.

(1) For refrigerated, ready-to-eat, potentially hazardous food prepared on the premises of a food establishment and held refrigerated for more than twenty-four hours in such food establishment, the container shall be clearly marked with the date of preparation. The food shall be consumed within:

(a) Seven calendar days or less if the food is held refrigerated at forty-one degrees Fahrenheit (five degrees Celsius) or below; or

(b) Four calendar days or less if the food is held refrigerated between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius).

(2) For refrigerated, ready-to-eat, potentially hazardous food prepared and packaged by a food processing plant which is opened in a food establishment and held refrigerated at such food establishment, the container shall be clearly marked, at the time the original container is opened, to indicate the date the food container was opened. The food shall be consumed within:

(a) Seven calendar days or less if the food is held refrigerated at forty-one degrees Fahrenheit (five degrees Celsius) or below; or

(b) Four calendar days or less if the food is held refrigerated between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius).

This subsection does not apply to fermented sausages which retain an original casing or shelf stable salt-cured products produced in a federally inspected food processing plant that are not labeled "Keep Refrigerated" or to shelf stable, dry, fermented sausages when the face has been cut, but the remaining portion is whole and intact.

(3) A refrigerated, ready-to-eat, potentially hazardous food that is frequently rewrapped or for which date marking is impractical may be marked by an alternative method acceptable to the regulatory authority.

(4) 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.

(5) This section does not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

Source:

Laws 1997, LB 199, § 49

Laws 1999, LB 474, § 14

Laws 2003, LB 250, § 15

~Reissue Revised Statutes of Nebraska