Some ROP processing no longer requires variance
Beginning Jan. 1, 2019, retail food establishments in Minnesota may, under certain conditions, conduct reduced oxygen packaging (ROP) without a variance. Your ROP process must meet certain food safety controls as described in Minnesota Rules, part 4626.0420.
Variance still required for specialized processing
If you plan on conducting specialized processes, such as ROP process that does not meet the requirements in 4626.0420, submit a variance request to your regulatory authority. Your request must be supported by an approved HACCP plan and documentation showing the process can be done safely.
Variance is still required for any deviation from food code requirements.
Specialized processes include:
- Reduced oxygen packaging (ROP) including:
- Vacuum packaging time/temperature control for safety (TCS) food (e.g., cured meats, raw meat, raw poultry, raw vegetables, limited cheeses)
- Cook-chill process
- Sous vide process
- Modified atmosphere packaging (MAP)
- Controlled atmosphere packaging (CAP)
- Curing food (e.g., ham, bacon, summer sausage, salami, beef jerky/sticks, charcuterie).
- Smoking food for preservation, rather than for flavor enhancement (e.g., fish, meat and poultry).
- Custom processing of game animals.
- Using food additives or adding components, such as vinegar to preserve or render it a non-TCS food (e.g., sushi rice, sauerkraut, kimchi, yogurt, sausage).
- Operating a molluscan shellfish tank to store and display shellfish that are offered for human consumption.
- Sprouting seeds or beans.
- Preparing food any other way not described in the food code (e.g., using different cooking times and temperatures for raw animal foods, or drying fish, meat and poultry).
See the Specialized Processing fact sheet for more information.
Controlling food safety hazards
The ROP processing methods which have been incorporated into the Minnesota food code ensure that food safety hazards are controlled.
These requirements provide a level of public health protection comparable to that provided by other food code requirements. Similar to how you control growth of Listeria monocytogenes by date marking ready-to-eat foods, you can control the unique hazards associated with reduced oxygen packaging when you follow the requirements in Minnesota Rules, part 4626.0420.
Following ROP method in food code
If you plan on conducting ROP processing in your retail food establishment, talk with your inspector to help determine if your process meets the requirements in Minnesota Rules, part 4626.0420. If not, you may need to submit a variance request.
Learn more about variance requirements
If you want to learn more about how to meet the requirements, you can:
- Contact your inspector to discuss your plans for ROP – the Local Book has contact information for all MDH and local agency inspectors.
- Watch the Food Safety Partnership recording – Variance starts at the 1 hour, 1-minute mark.
- Read the code – search the PDF of the rule language for “Variance” to find the parts of the rule that apply.
“Priority 1,” “Priority 2” and “Priority 3” replace “critical” and “noncritical”
Beginning Jan. 1, 2019, the Minnesota food code replaced the categories of “critical” and “noncritical” with “Priority 1” (P1), “Priority 2” (P2), and “Priority 3” (no subscript).
Risk factors are Priority 1
Every item in the Minnesota food code falls into one of the three categories, based on how likely it is that foodborne illness will occur if requirements are not followed. The Priority 1 items focus on the top five most common risk factors for foodborne illness outbreaks:
- Poor employee health and hygiene
- Improper cooking temperatures and times
- Food from unsafe sources
- Improper hot and cold holding temperatures and times
- Cross-contamination and contaminated equipment
When you follow all the requirements in the code (Priority 1, 2, and 3), you are protecting your customers from biological, chemical and physical hazards.
Consistency among inspectors
Using these three categories helps you and your inspector prioritize foodborne illness risk factors in your establishment.
Defining these terms also allows regulators throughout the state to apply the severity levels consistently.
Clarifying corrective action plan
When you get your inspection report, written orders will have the Priority level noted (P1, P2, or no subscript). Work with your inspector to develop a plan to correct Priority 1 issues immediately. Your inspector will give you a compliance date for any Priority 2 or 3 issues.
- Priority 1 items directly impact hazards associated with foodborne illness or injury (such as food temps and date marking)
- Priority 2 items support Priority 1 items (such as equipment, utensils and facilities)
- Priority 3 items focus on sanitation and good retail practice (such as cleaning frequency and maintenance)
A Priority 2 citation on an inspection report might look like this. The rule reference is listed, followed by the "Priority 2" designation. Next is the order for correction, followed by a compliance date.
A Priority 3 citation on an inspection report might look like this. The rule reference is listed, but no priority designation is noted. Next is the order for correction, followed by a compliance date.
Learn more about Priority 1, 2, and 3
If you want to learn more about how to meet the requirements, you can:
- Watch the Food Safety Partnership recording – Priority 1, 2 & 3 starts at the 36-minute mark.
- Read the code – search the PDF of the rule language for “Priority” to find the specific rule.
- Mark your calendar for the next Food Safety Partnership of Minnesota video-conference meeting: Wed., March 13, 9:00 a.m. to 12:00 noon. Topics include the FDA Risk Factor Study and More Questions: More Major Changes of Concern to Minnesota Food Code.
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