[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):
(a) 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.
(b) The word "WARNING" shall be capitalized and shall appear in bold type.
(B) A 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.
Five Year Review (FYR) Dates: 11/13/2018 and 01/28/2024
Promulgated Under: 119.03
Statutory Authority: 3717.05, 3717.04
Rule Amplifies: 3717.04 , 3717.05
Prior Effective Dates: 03/01/2001, 03/01/2005, 03/01/2009, 01/01/2013