[Comment: For publication dates of the C.F.R. referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the Administrative Code.]
(A) Fresh juice or any beverage containing fresh juice packaged in a food service operation or retail food establishment, shall:
(1) Be labeled as specified under paragraph (C) of rule 3717-1-03.5 of the Administrative Code; and
(2) Bear the following warning statement as specified in 21 C.F.R.101.17(g):
Warning: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.
The juice warning statement can be on the information panel or the principal display panel set off in a box with the use of hairlines in type size no less than one-sixteenth of an inch. The word "warning" must be in bold capital letters.
(B) The food service operation or retail food establishment that packages fresh juice does not need to meet the requirements for labeling specified in paragraph (A)(2) of this rule if they produce juice that is:
(1) Pasteurized; or
(2) Treated under a HACCP plan to attain a five log reduction, which is equal to a 99.999 per cent reduction in microorganisms of a public health significance; and
(3) A variance is obtained from the director of agriculture or director of health, whichever is applicable.
R.C. 119.032 review dates: 05/25/2012 and 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 3717.04, 3717.05
Rule Amplifies: 3717.04. 3717.05
Prior Effective Dates: 3/1/2001, 3/1/05, 3/1/09