[Ord. No. 18-01, 2-1-2018]
A.
Condition.
1.
Safe, Unadulterated, And Honestly Presented. FOOD shall be safe, unADULTERATED, and, as specified under Section 225.140(A)(2), honestly presented.P
[Ord. No. 18-01, 2-1-2018]
A.
Sources.
1.
Compliance With Food Law.
a.
FOOD shall be obtained from sources that comply with LAW.P
b.
FOOD prepared in a private home may not be used or offered for
human consumption in a FOOD ESTABLISHMENT.P
c.
PACKAGED FOOD shall be labeled as specified in LAW, including
21 CFR 101, FOOD Labeling, 9 CFR 317, Labeling, Marking Devices, and
Containers, and 9 CFR 381, Subpart N, Labeling and Containers, and
as specified under Sections 225.100(B)(7) and 225.100(B)(8).Pf
d.
FISH, other than those specified in Section 225.120(B)(1)(b), that are intended for consumption in raw or undercooked form and allowed as specified in Section 225.120(A)(1)(d), may be offered for sale or service if they are obtained from a supplier that freezes the FISH as specified under Section 225.120(B)(1); or if they are frozen on the PREMISES as specified under Section 225.120(B)(1) and records are retained as specified under Section 225.120(B)(2).
e.
WHOLE-MUSCLE, INTACT BEEF steaks that are intended for consumption in an undercooked form without a CONSUMER advisory as specified in Section 225.120(A)(1)(c) shall be:
(1)
Obtained from a FOOD PROCESSING PLANT that, upon
request by the purchaser, packages the steaks and labels them, to
indicate that the steaks meet the definition of WHOLE-MUSCLE, INTACT
BEEF;Pf or
(2)
Deemed acceptable by the REGULATORY AUTHORITY based
on other evidence, such as written buyer specifications or invoices,
that indicates that the steaks meet the definition of WHOLE-MUSCLE,
INTACT BEEF;Pf and
(3)
If individually cut in a FOOD ESTABLISHMENT:
(a)
Cut from WHOLE-MUSCLE INTACT BEEF that is labeled by a FOOD PROCESSING PLANT as specified in Subsection (A)(1)(e)(1) of this Section or identified as specified in Subsection (A)(1)(e)(2) of this Section;Pf
(b)
Prepared so they remain intact;Pf and
(c)
If PACKAGED for undercooking in a FOOD ESTABLISHMENT, labeled as specified in Subsection (A)(1)(e)(1) of this Section or identified as specified in Subsection (A)(1)(e)(2) of this Section.Pf
f.
MEAT and POULTRY that is not a READY-TO-EAT FOOD and is in a
PACKAGED form when it is offered for sale or otherwise offered for
consumption, shall be labeled to include safe handling instructions
as specified in LAW, including 9 CFR 317.2(I) and 9 CFR 381.125(b).
g.
EGGS that have not been specifically treated to destroy all
viable Salmonellae shall be labeled to include safe handling instructions
as specified in LAW, including 21 CFR 101.17(h).
2.
Food In A Hermetically Sealed Container. FOOD in a HERMETICALLY
SEALED CONTAINER shall be obtained from a FOOD PROCESSING PLANT that
is regulated by the FOOD regulatory agency that has jurisdiction over
the plant.P
3.
Fluid Milk And Milk Products. Fluid milk and milk products shall
be obtained from sources that comply with GRADE A STANDARDS as specified
in LAW.P
5.
Molluscan Shellfish.
a.
MOLLUSCAN SHELLFISH shall be obtained from sources according
to LAW and the requirements specified in the U.S. Department of Health
and Human Services, Public Health Service, Food and Drug Administration,
National Shellfish Sanitation Program Guide for the Control of Molluscan
Shellfish.P
b.
MOLLUSCAN SHELLFISH received in interstate commerce shall be
from sources that are listed in the Interstate Certified Shellfish
Shippers List.P
6.
Wild Mushrooms.
a.
Except as specified in Subsection (A)(6)(b) of this Section, mushroom species picked in the wild shall not be offered for sale or service by a FOOD ESTABLISHMENT unless the FOOD ESTABLISHMENT has been APPROVED to do so.P
b.
This Section does not apply to:
(1)
Cultivated wild mushroom species that are grown,
harvested, and processed in an operation that is regulated by the
FOOD regulatory agency that has jurisdiction over the operation; or
(2)
Wild mushroom species if they are in packaged form
and are the product of a FOOD PROCESSING PLANT that is regulated by
the FOOD regulatory agency that has jurisdiction over the plant.
7.
Game Animals.
a.
If GAME ANIMALS are received for sale or service they shall
be:
(1)
Commercially raised for FOOD;P and:
(a)
Raised, slaughtered, and processed under a voluntary
inspection program that is conducted by the agency that has animal
health jurisdiction;P or
(b)
Under a routine inspection program conducted by
a regulatory agency other than the agency that has animal health jurisdiction;P and
(c)
Raised, slaughtered, and processed according to:
(i)
LAWS governing meat and poultry as determined by the agency
that has animal health jurisdiction and the agency that conducts the
inspection program;P and
(ii)
Requirements which are developed by the agency
that has animal health jurisdiction and the agency that conducts the
inspection program with consideration of factors such as the need
for antemortem and postmortem examination by an approved veterinarian
or veterinarian's designee;P
(2)
Under a voluntary inspection program administered
by the USDA for game animals such as exotic animals (reindeer, elk,
deer, antelope, water buffalo, or bison) that are "inspected and APPROVED"
in accordance with 9 CFR 352 Exotic animals; voluntary inspection
or rabbits that are "inspected and certified" in accordance with 9
CFR 354 voluntary inspection of rabbits and edible products thereof;P
(3)
As allowed by LAW, for wild GAME ANIMALS that are
live-caught:
(a)
Under a routine inspection program conducted by
a regulatory agency such as the agency that has animal health jurisdiction;P and
(b)
Slaughtered and processed according to:
(i)
LAWS governing MEAT and POULTRY as determined by
the agency that has animal health jurisdiction and the agency that
conducts the inspection program;P and
(ii)
Requirements which are developed by the agency
that has animal health jurisdiction and the agency that conducts the
inspection program with consideration of factors such as the need
for antemortem and postmortem examination by an APPROVED veterinarian
or veterinarian's designee;P or
(4)
As allowed by LAW, for field-dressed wild GAME
ANIMALS under a routine inspection program that ensures the animals:
(a)
Receive a postmortem examination by an APPROVED
veterinarian or veterinarian's designee;P or
(b)
Are field-dressed and transported according to
requirements specified by the agency that has animal health jurisdiction
and the agency that conducts the inspection program;P and
(c)
Are processed according to LAWS governing MEAT
and POULTRY as determined by the agency that has animal health jurisdiction
and the agency that conducts the inspection program.P
b.
A GAME ANIMAL may not be received for sale or service if it
is a species of wildlife that is listed in 50 CFR 17, Endangered and
threatened wildlife and plants.
B.
Specifications For Receiving.
1.
Temperature.
a.
Except as specified in Subsection (B)(1)(b) of this Section,
refrigerated, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be at
a temperature of five degrees Celsius (5° C.) (41° F.) or
below when received.
b.
If a temperature other than five degrees Celsius (5° C.)
(41° F.) for a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD is specified
in LAW governing its distribution, such as LAWS governing milk and
MOLLUSCAN SHELLFISH, the FOOD may be received at the specified temperature.
c.
Raw EGGS shall be received in refrigerated equipment that maintains
an ambient air temperature of seven degrees Celsius (7° C.) (45°
F.) or less.P
d.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked to a
temperature and for a time specified under Sections 225.120(A)(1)
— 225.120(A)(3) and received hot shall be at a temperature of
fifty-seven degrees Celsius (57° C.) (135° F.) or above.P
e.
A FOOD that is labeled frozen and shipped frozen by a FOOD PROCESSING
PLANT shall be received frozen.Pf
f.
Upon receipt, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall
be free of evidence of previous temperature abuse.Pf
2.
Additives. Food may not contain unapproved FOOD ADDITIVES or
ADDITIVES that exceed amounts specified in 21 CFR 170-180 relating
to FOOD ADDITIVES, generally recognized as safe or prior sanctioned
substances that exceed amounts specified in 21 CFR 181-186, substances
that exceed amounts specified in 9 CFR, Subpart C, Section 424.21(b),
Food ingredients and sources of radiation, or pesticide residues that
exceed provisions specified in 40 CFR 180, Tolerances for pesticides
chemicals in FOOD, and exceptions.P
3.
Eggs. EGGS shall be received clean and sound and may not exceed
the restricted EGG tolerances for U.S. Consumer Grade B as specified
in United States Standards, Grades, and Weight Classes for Shell Eggs,
AMS 56.200 et seq., administered by the Agricultural Marketing Service
of USDA.P
4.
Eggs And Milk Products, Pasteurized.
a.
EGG PRODUCTS shall be obtained pasteurized.P
c.
Frozen milk products, such as ice cream, shall be obtained pasteurized
as specified in 21 CFR 135, Frozen desserts.P
d.
Cheese shall be obtained pasteurized unless alternative procedures
to pasteurization are specified in the CFR, such as 21 CFR 133, Cheeses
and related cheese products, for curing certain cheese varieties.P
5.
Package Integrity. FOOD packages shall be in good condition
and protect the integrity of the contents so that the FOOD is not
exposed to ADULTERATION or potential contaminants.Pf
6.
Ice. Ice for use as a FOOD or a cooling medium shall be made
from DRINKING WATER.P
7.
Shucked Shellfish, Packaging And Identification.
a.
Raw SHUCKED SHELLFISH shall be obtained in non-returnable packages
which bear a legible label that identifies the:Pf
(1)
Name, address, and CERTIFICATION NUMBER of the
shucker, packer or repacker of the MOLLUSCAN SHELLFISH;Pf and
(2)
The "sell-by" or "best if used by" date for packages
with a capacity of less than one and eighty-nine hundredths (1.89)
L (one-half gallon) or the date shucked for packages with a capacity
of one and eighty-nine hundredths (1.89) L (one-half gallon) or more.Pf
b.
A package of raw SHUCKED SHELLFISH that does not bear a label or which bears a label which does not contain all the information as specified under Subsection (B)(7)(a) of this Section shall be subject to a hold order, as allowed by LAW, or seizure and destruction in accordance with 21 CFR, Subpart D, Specific Administrative Decisions Regarding Interstate Shipments, § 1240.60(d) Molluscan shellfish.
8.
Shellstock Identification.
a.
SHELLSTOCK shall be obtained in containers bearing legible source
identification tags or labels that are affixed by the harvester or
DEALER that depurates, ships, or reships the SHELLSTOCK, as specified
in the National Shellfish Sanitation Program Guide for the Control
of Molluscan Shellfish, and that list:Pf
(1)
Except as specified under Subsection (B)(8)(c) of this Section, on the harvester's tag or label, the following information in the following order:Pf
(a)
The harvester's identification number that
is assigned by the SHELLFISH CONTROL AUTHORITY;Pf
(b)
The date of harvesting;Pf
(c)
The most precise identification of the harvest
location or aquaculture site that is practicable based on the system
of harvest area designations that is in use by the SHELLFISH CONTROL
AUTHORITY and including the abbreviation of the name of the State
or Country in which the shellfish are harvested;Pf
(d)
The type and quantity of shellfish;Pf and
(e)
The following statement in bold, capitalized type:
"This tag is required to be attached until container is empty or retagged
and thereafter kept on file for ninety (90) days";Pf and
(2)
Except as specified in Subsection (B)(8)(d) of this Section, on each DEALER'S tag or label, the following information in the following order:Pf
(a)
The DEALER'S name and address, and the CERTIFICATION
NUMBER assigned by the SHELLFISH CONTROL AUTHORITY;Pf
(b)
The original shipper's CERTIFICATION NUMBER
including the abbreviation of the name of the State or Country in
which the shellfish are harvested;Pf
(c)
The same information as specified for a harvester's tag under Subsection (B)(8)(a)(1)(b) - (d) of this Section;Pf and
(d)
The following statement in bold, capitalized type:
"This tag is required to be attached until container is empty and
thereafter kept on file for ninety (90) days."Pf
b.
A container of SHELLSTOCK that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under Subsection (B)(8)(a) of this Section shall be subject to a hold order, as allowed by LAW, or seizure and destruction in accordance with 21 CFR, Subpart D, Specific Administrative Decisions Regarding Interstate Shipments, § 1240.60(d).
c.
If a place is provided on the harvester's tag or label
for a DEALER'S name, address, and CERTIFICATION NUMBER, the DEALER'S
information shall be listed first.
9.
Shellstock, Condition. When received by a FOOD ESTABLISHMENT,
SHELLSTOCK shall be reasonably free of mud, dead shellfish, and shellfish
with broken shells. Dead shellfish or SHELLSTOCK with badly broken
shells shall be discarded.
C.
Commercially Processed.
1.
Juice Treated.
a.
Pre-PACKAGED JUICE shall:
(1)
Be obtained from a processor with a HACCP system
as specified in 21 CFR, Part 120, Hazard Analysis and Critical Control
(HACCP) Systems;Pf and
(2)
Be obtained pasteurized or otherwise treated to
attain a 5-log reduction of the most resistant microorganism of public
health significance as specified in 21 CFR, Part 120.24, Process Controls.P
D.
Original Containers And Records.
1.
Molluscan Shellfish, Original Container.
a.
Except as specified in Subsections (D)(1)(b) - (d) of this Section, MOLLUSCAN SHELLFISH may not be removed from the container in which they are received other than immediately before sale or preparation for service.
b.
For display purposes, SHELLSTOCK may be removed from the container
in which they are received, displayed on drained ice, or held in a
display container, and a quantity specified by a CONSUMER may be removed
from the display or display container and provided to the CONSUMER
if:
(1)
The source of the SHELLSTOCK on display is identified as specified under Section 225.100(B)(8) and recorded as specified under Section 225.100(D)(2); and
(2)
The SHELLSTOCK are protected from contamination.
c.
SHUCKED SHELLFISH may be removed from the container in which
they were received and held in a display container from which individual
servings are dispensed upon a CONSUMER'S request if:
(1)
The labeling information for the shellfish on display as specified under Section 225.100(B)(7) is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and
(2)
The shellfish are protected from contamination.
d.
SHUCKED SHELLFISH may be removed from the container in which
they were received and repacked in CONSUMER self service containers
where allowed by LAW if:
(1)
The labeling information for the shellfish is on each CONSUMER self service container as specified under Section 225.100(B)(7) and Section 225.140(B)(1)(a) and (b)(1) - (5);
(2)
The labeling information as specified under Section 225.100(B)(7) is retained and correlated with the date when, or dates during which, the shellfish are sold or served;
(3)
The labeling information and dates specified under Subsection (D)(1)(d)(2) of this Section are maintained for ninety (90) days; and
(4)
The shellfish are protected from contamination.
2.
Shellstock, Maintaining Identification.
a.
Except as specified under Subsection (D)(2)(c)(2) of this Section, SHELLSTOCK tags or labels shall remain attached to the container in which the SHELLSTOCK are received until the container is empty.Pf
b.
The date when the last SHELLSTOCK from the container is sold
or served shall be recorded on the tag or label.Pf
c.
The identity of the source of SHELLSTOCK that are sold or served shall be maintained by retaining SHELLSTOCK tags or labels for ninety (90) calendar days from the date that is recorded on the tag or label, as specified under Subsection (D)(2)(b) of this Section, by:Pf
(1)
Using an APPROVED record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified under Subsection (D)(2)(b) of this Section;Pf and
(2)
If SHELLSTOCK are removed from its tagged or labeled
container:
(a)
Preserving source identification by using a record keeping system as specified under Subsection (D)(2)(c)(1) of this Section;Pf and
(b)
Ensuring that SHELLSTOCK from one (1) tagged or
labeled container are not COMMINGLED with SHELLSTOCK from another
container with different CERTIFICATION NUMBERS; different harvest
dates; or different growing areas as identified on the tag or label
before being ordered by the CONSUMER.Pf
[Ord. No. 18-01, 2-1-2018]
A.
Preventing Contamination By Employees.
1.
Preventing Contamination From Hands.
a.
FOOD EMPLOYEES shall wash their hands as specified under Section 225.060(A)(2).
b.
Except when washing fruits and vegetables as specified under Section 225.110(B)(5) or as specified in Subsections (A)(1)(d) and (A)(1)(e) of this Section, FOOD EMPLOYEES may not contact exposed, READY-TO-EAT FOOD with their bare hands and shall use suitable UTENSILS such as deli tissue, spatulas, tongs, single-use gloves, or dispensing EQUIPMENT.P
c.
FOOD EMPLOYEES shall minimize bare hand and arm contact with
exposed FOOD that is not in a READY-TO-EAT form.Pf
d.
Subsection (A)(1)(b) of this Section does not apply to a FOOD EMPLOYEE that contacts exposed, READY-TO-EAT FOOD with bare hands at the time the READY-TO-EAT FOOD is being added as an ingredient to a FOOD that:
(1)
Contains a raw animal FOOD and is to be cooked in the FOOD ESTABLISHMENT to heat all parts of the FOOD to the minimum temperatures specified in Section 225.120(A)(1)(a) - (b) or Section 225.120(A)(2); or
(2)
Does not contain a raw animal FOOD but is to be
cooked in the FOOD ESTABLISHMENT to heat all parts of the FOOD to
a temperature of at least sixty-three degrees Celsius (63° C.)
(145° F.).
e.
FOOD EMPLOYEES not serving a HIGHLY SUSCEPTIBLE POPULATION may
contact exposed, READY-TO-EAT FOOD with their bare hands if:
(1)
The PERMIT HOLDER obtains prior APPROVAL from the
REGULATORY AUTHORITY;
(2)
Written procedures are maintained in the FOOD ESTABLISHMENT
and made available to the REGULATORY AUTHORITY upon request that include:
(a)
For each bare hand contact procedure, a listing
of the specific READY-TO-EAT FOODS that are touched by bare hands;
(b)
Diagrams and other information showing that handwashing
facilities, installed, located, equipped, and maintained as specified
under Sections 225.270(C)(1), 225.270(D)(1), 225.270(E)(1), 225.330(A)(2),
225.330(A)(3), and 225.330(A)(4), are in an easily accessible location
and in close proximity to the work station where the bare hand contact
procedure is conducted;
(3)
A written EMPLOYEE health policy that details how
the FOOD ESTABLISHMENT complies with Sections 225.050(A), 225.050(B),
and 225.050(C) including:
(a)
Documentation that FOOD EMPLOYEES and CONDITIONAL EMPLOYEES acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through FOOD as specified under Section 225.050(A)(1);
(b)
Documentation that FOOD EMPLOYEES and CONDITIONAL EMPLOYEES acknowledge their responsibilities as specified under Section 225.050(A)(5) and (6); and
(c)
Documentation that the PERSON IN CHARGE acknowledges
the responsibilities as specified under Section 225.050(A)(2),
(A)(3) and (A)(4), and Sections 225.050(B) and 225.050(C);
(4)
Documentation that FOOD EMPLOYEES acknowledge that
they have received training in:
(a)
The RISKS of contacting the specific READY-TO-EAT
FOODS with bare hands;
(b)
Proper handwashing as specified under Section 225.060(A)(2);
(c)
When to wash their hands as specified under Section 225.060(A)(4);
(d)
Where to wash their hands as specified under Section 225.060(A)(5);
(e)
Proper fingernail maintenance as specified under Section 225.060(B);
(f)
Prohibition of jewelry as specified under Section 225.060(C); and
(g)
Good hygienic practices as specified under Section 225.070(A)(1)
and Section 225.070(A)(2);
(5)
Documentation that hands are washed before FOOD
preparation and as necessary to prevent cross contamination by FOOD
EMPLOYEES as specified under Sections 225.060(A)(1), 225.060(A)(2),
225.060(A)(4), and 225.060(A)(5) during all hours of operation when
the specific READY-TO-EAT FOODS are prepared;
(6)
Documentation that FOOD EMPLOYEES contacting READY-TO-EAT
FOOD with bare hands use two (2) or more of the following control
measures to provide additional safeguards to HAZARDS associated with
bare hand contact:
(a)
Double handwashing;
(b)
Nail brushes;
(c)
A hand antiseptic after handwashing as specified under Section 225.060(A)(6);
(d)
Incentive programs such as paid sick leave that
assist or encourage FOOD EMPLOYEES not to work when they are ill;
or
(e)
Other control measures APPROVED by the REGULATORY
AUTHORITY; and
(7)
Documentation that corrective action is taken when Subsections (A)(1)(e)(1) - (6) of this Section are not followed.
2.
Preventing Contamination When Tasting. A FOOD EMPLOYEE may not
use a UTENSIL more than once to taste FOOD that is to be sold or served.P
B.
Preventing Food And Ingredient Contamination.
1.
Packaged And Unpackaged Food — Separation, Packaging,
And Segregation.
a.
FOOD shall be protected from cross contamination by:
(1)
Except as specified in Subsection (B)(1)(a)(1)(c) below, separating raw animal FOODS during storage, preparation, holding, and display from:
(a)
Raw READY-TO-EAT FOOD including other raw animal
FOOD such as FISH for sushi or MOLLUSCAN SHELLFISH, or other raw READY-TO-EAT
FOOD such as fruits and vegetables;P and
(b)
Cooked READY-TO-EAT FOOD;P
(c)
Frozen, commercially processed and packaged raw
animal FOOD may be stored or displayed with or above frozen, commercially
processed and packaged, ready-to-eat food.
(2)
Except when combined as ingredients, separating
types of raw animal FOODS from each other such as beef, FISH, lamb,
pork, and POULTRY during storage, preparation, holding, and display
by:
(3)
Cleaning EQUIPMENT and UTENSILS as specified under Section 225.220(B)(1)(a) and SANITIZING as specified under Section 225.230(C);
(4)
Except as specified under Section 225.130(A)(5)(b)(2) and in Subsection (B)(1)(b) of this Section, storing the FOOD in packages, covered containers, or wrappings;
(5)
Cleaning HERMETICALLY SEALED CONTAINERS of FOOD
of visible soil before opening;
(6)
Protecting FOOD containers that are received packaged
together in a case or overwrap from cuts when the case or overwrap
is opened;
(7)
Storing damaged, spoiled, or recalled FOOD being held in the FOOD ESTABLISHMENT as specified under Section 225.340(D)(1); and
(8)
Separating fruits and vegetables, before they are washed as specified under Section 225.110(B)(5) from READY-TO-EAT FOOD.
b.
Subsection (B)(1)(a)(4) of this Section does not apply to:
(1)
Whole, uncut, raw fruits and vegetables and nuts
in the shell, that require peeling or hulling before consumption;
(2)
PRIMAL CUTS, quarters, or sides of raw MEAT or
slab bacon that are hung on clean, SANITIZED hooks or placed on clean,
SANITIZED racks;
(3)
Whole, uncut, processed MEATS such as country hams,
and smoked or cured sausages that are placed on clean, SANITIZED racks;
(4)
FOOD being cooled as specified under Section 225.130(A)(5)(b)(2); or
(5)
SHELLSTOCK.
2.
Food Storage Containers, Identified With Common Name Of Food.
Except for containers holding FOOD that can be readily and unmistakably
recognized such as dry pasta, working containers holding FOOD or FOOD
ingredients that are removed from their original packages for use
in the FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato
flakes, salt, spices, and sugar shall be identified with the common
name of the FOOD.
3.
Pasteurized Eggs, Substitute For Raw Eggs For Certain Recipes.
Pasteurized EGGS or EGG PRODUCTS shall be substituted for raw EGGS
in the preparation of FOODS such as Caesar salad, hollandaise or Bearnaise
sauce, mayonnaise, meringue, eggnog, ice cream, and EGG-fortified
beverages that are not:P
a.
Cooked as specified under Section 225.120(A)(1)(a)(1) or (2);P or
b.
Included in Section 225.120(A)(1)(d).P
4.
Protection From Unapproved Additives.
a.
FOOD shall be protected from contamination that may result from the addition of, as specified in Section 225.100(B)(2):
b.
A FOOD EMPLOYEE may not:
(1)
Apply sulfiting agents to fresh fruits and vegetables
intended for raw consumption or to a FOOD considered to be a good
source of vitamin B1;P or
(2)
Except for grapes, serve or sell FOOD specified under Subsection (B)(4)(b)(1) of this Section that is treated with sulfiting agents before receipt by the FOOD ESTABLISHMENT.P
5.
Washing Fruits And Vegetables.
a.
Except as specified in Subsection (B)(5)(b) of this Section and except for whole, raw fruits and vegetables that are intended for washing by the CONSUMER before consumption, raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in READY-TO-EAT form.
b.
Fruits and vegetables may be washed by using chemicals as specified under Section 225.370(D)(2).
c.
Devices used for on-site generation of chemicals meeting the
requirements specified in 21 CFR 173.315, Chemicals used in the washing
or to assist in the peeling of fruits and vegetables, for the washing
of raw, whole fruits and vegetables shall be used in accordance with
the manufacturer's instructions.Pf
C.
Preventing Contamination From Ice Used As A Coolant.
1.
Ice Used As Exterior Coolant, Prohibited As Ingredient. After
use as a medium for cooling the exterior surfaces of FOOD such as
melons or FISH, PACKAGED FOODS such as canned BEVERAGES, or cooling
coils and tubes of EQUIPMENT, ice may not be used as FOOD.P
2.
Storage Or Display Of Food In Contact With Water Or Ice.
a.
PACKAGED FOOD may not be stored in direct contact with ice or
water if the FOOD is subject to the entry of water because of the
nature of its packaging, wrapping, or container or its positioning
in the ice or water.
c.
Whole, raw fruits or vegetables; cut, raw vegetables such as
celery or carrot sticks or cut potatoes; and tofu may be immersed
in ice or water.
d.
Raw poultry and raw FISH that are received immersed in ice in
shipping containers may remain in that condition while in storage
awaiting preparation, display, service, or sale.
D.
Preventing Contamination From Equipment, Utensils, And Linens.
1.
Food Contact With Equipment And Utensils. FOOD shall only contact
surfaces of:
b.
SINGLE-SERVICE and SINGLE-USE ARTICLES;P or
c.
LINENS, such as cloth napkins, as specified under Section 225.110(D)(3) that are laundered as specified under Section 225.240 of this Code.P
2.
In-Use Utensils, Between-Use Storage. During pauses in FOOD
preparation or dispensing, FOOD preparation and dispensing utensils
shall be stored:
a.
Except as specified under Subsection (D)(2)(b) of this Section, in the FOOD with their handles above the top of the FOOD and the container;
b.
In FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
with their handles above the top of the FOOD within containers or
equipment that can be closed, such as bins of sugar, flour, or cinnamon;
c.
On a clean portion of the FOOD preparation table or cooking EQUIPMENT only if the in-use UTENSIL and the FOOD-CONTACT surface of the FOOD preparation table or cooking EQUIPMENT are cleaned and SANITIZED at a frequency specified under Section 225.220(B)(1) and Section 225.230(B)(1);
d.
In running water of sufficient velocity to flush particulates
to the drain, if used with moist FOOD such as ice cream or mashed
potatoes;
e.
In a clean, protected location if the UTENSILS, such as ice
scoops, are used only with a FOOD that is not TIME/TEMPERATURE CONTROL
FOR SAFETY FOOD; or
f.
In a container of water if the water is maintained at a temperature of at least fifty-seven degrees Celsius (57° C.) (135° F.) and the container is cleaned at a frequency specified under Section 225.220(B)(1)(d)(7).
3.
Linens And Napkins, Use Limitation. LINENS, such as cloth napkins,
may not be used in contact with FOOD unless they are used to line
a container for the service of FOODs and the LINENS and napkins are
replaced each time the container is refilled for a new CONSUMER.
4.
Wiping Cloths, Use Limitation.
b.
Cloths in-use for wiping counters and other equipment surfaces
shall be:
(1)
Held between uses in a chemical sanitizer solution at a concentration specified under Section 225.210(A)(14); and
(2)
Laundered daily as specified under Section 225.240(B)(1)(d).
c.
Cloths in-use for wiping surfaces in contact with raw animal
FOODs shall be kept separate from cloths used for other purposes.
d.
Dry wiping cloths and the chemical sanitizing solutions specified in Subsection (D)(4)(b)(1) of this Section in which wet wiping cloths are held between uses shall be free of FOOD debris and visible soil.
e.
Containers of chemical sanitizing solutions specified in Subsection (D)(4)(b)(1) of this Section in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, SINGLE-SERVICE, or SINGLE-USE ARTICLES.
f.
SINGLE-USE disposable sanitizer wipes shall be used in accordance
with EPA-approved manufacturer's label use instructions.
5.
Gloves, Use Limitation.
a.
If used, SINGLE-USE gloves shall be used for only one (1) task
such as working with READY-TO-EAT FOOD or with raw animal FOOD, used
for no other purpose, and discarded when damaged or soiled, or when
interruptions occur in the operation.P
b.
Except as specified in Subsection (D)(5)(c) of this Section, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with FOOD that is subsequently cooked as specified under Section 225.120 such as frozen FOOD or a PRIMAL cut of MEAT.
c.
Slash-resistant gloves may be used with READY-TO-EAT FOOD that
will not be subsequently cooked if the slash-resistant gloves have
a SMOOTH, durable, and non-absorbent outer surface; or if the slash-resistant
gloves are covered with a SMOOTH, durable, non-absorbent glove, or
a SINGLE-USE glove.
6.
Using Clean Tableware For Second Portions And Refills.
a.
Except for refilling a CONSUMER'S drinking cup or container
without contact between the pouring utensil and the lip-contact area
of the drinking cup or container, FOOD EMPLOYEEs may not use TABLEWARE,
including SINGLE-SERVICE ARTICLES, soiled by the CONSUMER, to provide
second portions or refills.
b.
Except as specified in Subsection (D)(6)(c) of this Section, self-service consumers may not be allowed to use soiled TABLEWARE, including SINGLE-SERVICE ARTICLES, to obtain additional FOOD from the display and serving EQUIPMENT.
c.
Drinking cups and containers may be reused by self-service CONSUMERS
if refilling is a contamination-free process as specified under Section 225.180(D)(3)(a),
(b), and (d).
7.
Refilling Returnables.
a.
Except as specified in Subsections (D)(7)(b) - (e) of this Section, empty containers returned to a FOOD ESTABLISHMENT for cleaning and refilling with FOOD shall be cleaned and refilled in a regulated FOOD PROCESSING PLANT.P
b.
A take-home FOOD container returned to a FOOD ESTABLISHMENT
may be refilled at a FOOD ESTABLISHMENT with FOOD if the FOOD container
is:
(2)
One that was initially provided by the FOOD ESTABLISHMENT
to the CONSUMER, either empty or filled with FOOD by the FOOD ESTABLISHMENT,
for the purpose of being returned for reuse;
(3)
Returned to the FOOD ESTABLISHMENT by the CONSUMER
after use;
(4)
Subject to the following steps before being refilled
with FOOD:
c.
A take-home FOOD container returned to a FOOD ESTABLISHMENT
may be refilled at a FOOD ESTABLISHMENT with BEVERAGE if:
(1)
The BEVERAGE is not a TIME/TEMPERATURE CONTROL
FOR SAFETY FOOD;
(2)
The design of the container and of the rinsing
equipment and the nature of the BEVERAGE, when considered together,
allow effective cleaning at home or in the FOOD ESTABLISHMENT;
(3)
Facilities for rinsing before refilling returned
containers with fresh, hot water that is under pressure and not recirculated
are provided as part of the dispensing system;
(4)
The CONSUMER-OWNED container returned to the FOOD
ESTABLISHMENT for refilling is refilled for sale or service only to
the same CONSUMER; and
d.
Consumer-owned, personal take-out BEVERAGE containers, such
as thermally insulated bottles, non-spill coffee cups, and promotional
BEVERAGE glasses, may be refilled by EMPLOYEES or the CONSUMER if
refilling is a contamination-free process as specified under Section 225.180(D)(3)(a),
(b), and (d).
e.
CONSUMER-OWNED containers that are not FOOD-specific may be
filled at a water VENDING MACHINE or system.
E.
Preventing Contamination From The Premises.
1.
Food Storage.
a.
b.
FOOD in packages and working containers may be stored less than fifteen (15) cm (six inches) above the floor on case lot handling EQUIPMENT as specified under Section 225.180(D)(22).
c.
Pressurized BEVERAGE containers, cased FOOD in waterproof containers
such as bottles or cans, and milk containers in plastic crates may
be stored on a floor that is clean and not exposed to floor moisture.
2.
Food Storage, Prohibited Areas. FOOD may not be stored:
a.
In locker rooms;
b.
In toilet rooms;
c.
In dressing rooms;
d.
In garbage rooms;
e.
In mechanical rooms;
f.
Under sewer lines that are not shielded to intercept potential
drips;
g.
Under leaking water lines, including leaking automatic fire
sprinkler heads, or under lines on which water has condensed;
h.
Under open stairwells; or
i.
Under other sources of contamination.
3.
Vended Time/Temperature Control For Safety Food, Original Container.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD dispensed through a VENDING
MACHINE shall be in the PACKAGE in which it was placed at the FOOD
ESTABLISHMENT or FOOD PROCESSING PLANT at which it was prepared.
4.
Food Preparation. During preparation, UNPACKAGED FOOD shall
be protected from environmental sources of contamination.
F.
Preventing Contamination By Consumers.
1.
Food Display. Except for nuts in the shell and whole, raw fruits
and vegetables that are intended for hulling, peeling, or washing
by the CONSUMER before consumption, FOOD on display shall be protected
from contamination by the use of PACKAGING; counter, service line,
or salad bar FOOD guards; display cases; or other effective means.P
2.
Condiments, Protection.
a.
Condiments shall be protected from contamination by being kept
in dispensers that are designed to provide protection, protected FOOD
displays provided with the proper UTENSILS, original containers designed
for dispensing, or individual PACKAGES or portions.
b.
Condiments at a VENDING MACHINE LOCATION shall be in individual
PACKAGES or provided in dispensers that are filled at an APPROVED
location, such as the FOOD ESTABLISHMENT that provides FOOD to the
VENDING MACHINE LOCATION, a FOOD PROCESSING PLANT that is regulated
by the agency that has jurisdiction over the operation, or a properly
equipped facility that is located on the site of the VENDING MACHINE
LOCATION.
3.
Consumer Self-Service Operations.
a.
Raw, unPACKAGED animal FOOD, such as beef, lamb, pork, POULTRY,
and FISH may not be offered for CONSUMER self-service. This paragraph
does not apply to:
(1)
CONSUMER self-service of READY-TO-EAT FOODs at
buffets or salad bars that serve FOODs such as sushi or raw shellfish;
(2)
Ready-to-cook individual portions for immediate
cooking and consumption on the premises such as CONSUMER-cooked MEATS
or CONSUMER-selected ingredients for Mongolian barbecue; or
(3)
Raw, frozen, shell-on shrimp, or lobster.
b.
CONSUMER self-service operations for READY-TO-EAT FOODS shall
be provided with suitable UTENSILS or effective dispensing methods
that protect the FOOD from contamination.Pf
c.
CONSUMER self-service operations such as buffets and salad bars
shall be monitored by FOOD EMPLOYEES trained in safe operating procedures.Pf
4.
Returned Food And Re-Service Of Food.
a.
Except as specified in Subsection (F)(4)(b) of this Section, after being served or sold and in the possession of a CONSUMER, FOOD that is unused or returned by the CONSUMER may not be offered as FOOD for human consumption.P
b.
Except as specified under Section 225.240(A)(1)(g), a container
of FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD may be
RE-SERVED from one (1) CONSUMER to another if:
(1)
The FOOD is dispensed so that it is protected from
contamination and the container is closed between uses, such as a
narrow-neck bottle containing catsup, steak sauce, or wine; or
(2)
The FOOD, such as crackers, salt, or pepper, is
in an unopened original PACKAGE and is maintained in sound condition.
G.
Preventing Contamination From Other Sources.
1.
Miscellaneous Sources Of Contamination. FOOD shall be protected from contamination that may result from a factor or source not specified under Section 225.110(A) - (F).
[Ord. No. 18-01, 2-1-2018]
A.
Cooking.
1.
Raw Animal Foods.
a.
Except as specified under Subsection (A)(1)(b) and in Subsections (A)(1)(c) and (A)(1)(d) of this Section, raw animal FOODS such as EGGS, FISH, MEAT, POULTRY, and FOODS containing these raw animal FOODS, shall be cooked to heat all parts of the FOOD to a temperature and for a time that complies with one (1) of the following methods based on the FOOD that is being cooked:
(1)
Sixty-three degrees Celsius (63° C.) (145°
F.) or above for fifteen (15) seconds for:P
(a)
Raw EGGS that are broken and prepared in response
to a CONSUMER'S order and for immediate service;P and
(b)
Except as specified under Subsections (A)(1)(a)(2) and (A)(1)(a)(3) and (A)(1)(b), and in (A)(1)(c) of this Section, FISH and MEAT including GAME ANIMALS commercially raised for FOOD as specified under Section 225.100(A)(7)(a)(1) and GAME ANIMALS under a voluntary inspection program as specified under Section 225.100(A)(7)(a)(2);P
(2)
Sixty-eight degrees Celsius (68° C.) (155° F.) for fifteen (15) seconds or the temperature specified in the following chart that corresponds to the holding time for RATITES, MECHANICALLY TENDERIZED, and INJECTED MEATS; the following if they are COMMINUTED: FISH, MEAT, GAME ANIMALS commercially raised for FOOD as specified under Section 225.100(A)(7)(a)(1), and GAME ANIMALS under a voluntary inspection program as specified under Section 225.100(A)(7)(a)(2); and raw EGGS that are not prepared as specified under Subsection (A)(1)(a)(1)(a) of this Section:P
|
Minimum Temperature
° C. (° F.)
|
Minimum Time
|
|---|---|
|
63 (145)
|
3 minutes
|
|
66 (150)
|
1 minute
|
|
70 (158)
|
< 1 second (instantaneous)
|
|
; or
|
(3)
Seventy-four degrees Celsius (74° C.) (165° F.) or above for fifteen (15) seconds for POULTRY, BALUTS, wild GAME ANIMALS as specified under Section 225.100(A)(7)(a)(3) and (4), stuffed FISH, stuffed MEAT, stuffed pasta, stuffed POULTRY, stuffed RATITES, or stuffing containing FISH, MEAT, POULTRY, or RATITES.P
b.
Whole MEAT roasts including beef, corned beef, lamb, pork, and
cured pork roasts such as ham shall be cooked:
(1)
In an oven that is preheated to the temperature
specified for the roast's weight in the following chart and that
is held at that temperature:Pf
|
Oven Temperature Based on Roast Weight
| ||
|---|---|---|
|
Oven Type
|
Less than 4.5 kg (10 lbs)
|
4.5 kg (10 lbs) or More
|
|
Still Dry
|
177° C. (350° F.) or more
|
121° C. (250° F.) or more
|
|
Convection
|
163° C. (325° F.) or more
|
121° C. (250° F.) or more
|
|
High Humidity1
|
121° C. (250° F.) or less
|
121° C. (250° F.) or less
|
|
1
|
Relative humidity greater than 90% for at least 1 hour as measured
in the cooking chamber or exit of the oven; or in a moisture-impermeable
bag that provides 100% humidity.
|
|
; and
|
(2)
As specified in the following chart, to heat all
parts of the FOOD to a temperature and for the holding time that corresponds
to that temperature:P
|
Temperature
° C. (° F.)
|
Time1 in Minutes
|
|---|---|
|
54.4 (130)
|
112
|
|
55.0 (131)
|
89
|
|
56.1 (133)
|
56
|
|
57.2 (135)
|
36
|
|
57.8 (136)
|
28
|
|
58.9 (138)
|
18
|
|
60.0 (140)
|
12
|
|
61.1 (142)
|
8
|
|
62.2 (144)
|
5
|
|
62.8 (145)
|
4
|
|
Temperature
° C. (° F.)
|
Time1 in Seconds
|
|---|---|
|
63.9 (147)
|
134
|
|
65.0 (149)
|
85
|
|
66.1 (151)
|
54
|
|
67.2 (153)
|
34
|
|
68.3 (155)
|
22
|
|
69.4 (157)
|
14
|
|
70.0 (158)
|
0
|
|
1
|
Holding time may include postoven heat rise.
|
c.
A raw or undercooked WHOLE-MUSCLE, INTACT BEEF steak may be
served or offered for sale in a READY-TO-EAT form if:
(1)
The FOOD ESTABLISHMENT serves a population that
is not a HIGHLY SUSCEPTIBLE POPULATION;
(2)
The steak is labeled to indicate that it meets the definition of "WHOLE-MUSCLE, INTACT BEEF" as specified under Section 225.100(A)(1)(e); and
(3)
The steak is cooked on both the top and bottom
to a surface temperature of sixty-three degrees Celsius (63° C.)
(145° F.) or above and a cooked color change is achieved on all
external surfaces.
d.
A raw animal FOOD such as raw EGG, raw FISH, raw-marinated FISH, raw MOLLUSCAN SHELLFISH, or steak tartare; or a partially cooked FOOD such as lightly cooked FISH, soft cooked EGGS, or rare MEAT other than WHOLE-MUSCLE, INTACT BEEF steaks as specified in Subsection (A)(1)(c) of this Section, may be served or offered for sale upon CONSUMER request or selection in a READY-TO-EAT form if:
(1)
As specified under Section 225.160(A)(1)(c)(1) and (2), the FOOD ESTABLISHMENT serves a population that is not a HIGHLY SUSCEPTIBLE POPULATION;
(2)
The FOOD, if served or offered for service by CONSUMER
selection from a children's menu, does not contain COMMINUTED
MEAT;Pf and
(3)
The CONSUMER is informed as specified under Section 225.140(C)(1) that to ensure its safety, the FOOD should be cooked as specified under Subsections (A)(1)(a) or (A)(1)(b) of this Section; or
(4)
The REGULATORY AUTHORITY grants a VARIANCE from Subsection (A)(1)(a) or (A)(1)(b) of this Section as specified in Section 225.390(C)(1) based on a HACCP PLAN that:
(a)
Is submitted by the PERMIT HOLDER and APPROVED as specified under Section 225.390(C)(2);
(b)
Documents scientific data or other information
showing that a lesser time and temperature regimen results in a safe
FOOD; and
(c)
Verifies that EQUIPMENT and procedures for FOOD
preparation and training of FOOD EMPLOYEES at the FOOD ESTABLISHMENT
meet the conditions of the VARIANCE.
2.
Microwave Cooking. Raw animal FOODS cooked in a microwave oven
shall be:
a.
Rotated or stirred throughout or midway during cooking to compensate
for uneven distribution of heat;
b.
Covered to retain surface moisture;
c.
Heated to a temperature of at least seventy-four degrees Celsius
(74° C.) (165° F.) in all parts of the FOOD;P and
d.
Allowed to stand covered for two (2) minutes after cooking to
obtain temperature equilibrium.
3.
Plant Food Cooking For Hot Holding. Fruits and vegetables that
are cooked for hot holding shall be cooked to a temperature of fifty-seven
degrees Celsius (57° C.) (135° F.).Pf
4.
Non-Continuous Cooking Of Raw Animal Foods. Raw animal FOODS
that are cooked using a NON-CONTINUOUS COOKING process shall be:
a.
Subject to an initial heating process that is no longer than
sixty (60) minutes in duration;P
b.
Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under Section 225.130(A)(4)(a);P
c.
After cooling, held frozen or cold, as specified for TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under Section 225.130(A)(6)(a)(2);P
d.
Prior to sale or service, cooked using a process that heats
all parts of the FOOD to a temperature and for a time as specified
under Section 225.120(A)(1)(a) - (c);P
e.
Cooled according to the time and temperature parameters specified for cooked TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under Section 225.130(A)(4)(a) if not either hot held as specified under Section 225.130(A)(6)(a), served immediately, or held using time as a public health control as specified under Section 225.130(A)(9) after complete cooking;P and
f.
Prepared and stored according to written procedures that:
(1)
Have obtained prior APPROVAL from the REGULATORY
AUTHORITY;Pf
(2)
Are maintained in the FOOD ESTABLISHMENT and are
available to the REGULATORY AUTHORITY upon request;Pf
(3)
Describe how the requirements specified under Subsection (A)(4)(a) - (e) of this Section are to be monitored and documented by the PERMIT HOLDER and the corrective actions to be taken if the requirements are not met;Pf
(4)
Describe how the FOODS, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as FOODS that must be cooked as specified under Subsection (A)(4)(d) of this Section prior to being offered for sale or service;Pf and
(5)
Describe how the FOODS, after initial heating but prior to cooking as specified under Subsection (A)(4)(d) of this Section, are to be separated from READY-TO-EAT FOODS as specified under Section 225.110(B)(1)(a).Pf
B.
Freezing.
1.
Parasite Destruction.
a.
Except as specified in Subsection (B)(1)(b) of this Section, before service or sale in READY-TO-EAT form, raw, raw-marinated, partially cooked, or marinated-partially cooked FISH shall be:
(1)
Frozen and stored at a temperature of minus twenty
degrees Celsius (-20° C.) (-4° F.) or below for a minimum
of one hundred sixty-eight (168) hours (seven days) in a freezer;P
(2)
Frozen at minus thirty-five degrees Celsius (-35°
C.) (-31° F.) or below until solid and stored at minus thirty-five
degrees Celsius (-35° C.) (-31° F.) or below for a minimum
of fifteen (15) hours;P or
(3)
Frozen at minus thirty-five degrees Celsius (-35°
C.) (-31° F.) or below until solid and stored at minus twenty
degrees Celsius (-20° C.) (-4° F.) or below for a minimum
of twenty-four (24) hours.P
b.
Subsection (B)(1)(a) of this Section does not apply to:
(1)
MOLLUSCAN SHELLFISH;
(2)
A scallop product consisting only of the shucked
adductor muscle;
(3)
Tuna of the species Thunnus alalunga, Thunnus albacares
(Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna,
Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin
tuna, Northern); or
(5)
FISH eggs that have been removed from the skein
and rinsed.
2.
Records, Creation And Retention.
a.
Except as specified in Section 225.120(B)(1)(b) and Subsection (B)(2)(b) of this Section, if raw, raw-marinated, partially cooked, or marinated-partially cooked FISH are served or sold in READY-TO-EAT form, the PERSON IN CHARGE shall record the freezing temperature and time to which the FISH are subjected and shall retain the records of the FOOD ESTABLISHMENT for ninety (90) calendar days beyond the time of service or sale of the FISH.Pf
b.
If the FISH are frozen by a supplier, a written agreement or statement from the supplier stipulating that the FISH supplied are frozen to a temperature and for a time specified under Section 225.120(B)(1) may substitute for the records specified under Subsection (B)(2)(a) of this Section.
c.
If raw, raw-marinated, partially cooked, or marinated-partially cooked FISH are served or sold in READY-TO-EAT form, and the FISH are raised and fed as specified in Section 225.120(B)(1)(b)(3), a written agreement or statement from the supplier or aquaculturist stipulating that the FISH were raised and fed as specified in Section 225.120(B)(1)(b)(3) shall be obtained by the PERSON IN CHARGE and retained in the records of the FOOD ESTABLISHMENT for ninety (90) calendar days beyond the time of service or sale of the FISH.Pf
3.
Preparation For Immediate Service. Cooked and refrigerated FOOD
that is prepared for immediate service in response to an individual
CONSUMER order, such as a roast beef sandwich au jus, may be served
at any temperature.
C.
Reheating.
1.
Reheating For Hot Holding.
a.
Except as specified under Subsections (C)(1)(b) and (C)(1)(c) and in Subsection (C)(1)(e) of this Section, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the FOOD reach a temperature of at least seventy-four degrees Celsius (74° C.) (165° F.) for fifteen (15) seconds.P
b.
Except as specified under Subsection (C)(1)(c) of this Section, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD reheated in a microwave oven for hot holding shall be reheated so that all parts of the FOOD reach a temperature of at least seventy-four degrees Celsius (74° C.) (165° F.) and the FOOD is rotated or stirred, covered, and allowed to stand covered for two (2) minutes after reheating.P
c.
READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that has
been commercially processed and PACKAGED in a FOOD PROCESSING PLANT
that is inspected by the REGULATORY AUTHORITY that has jurisdiction
over the plant, shall be heated to a temperature of at least fifty-seven
degrees Celsius (57° C.) (135° F.) when being reheated for
hot holding.P
e.
Remaining unsliced portions of MEAT roasts that are cooked as specified under Section 225.120(A)(1)(b) may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under Section 225.120(A)(1)(b).
D.
Other Methods.
1.
Treating Juice. JUICE PACKAGED in a FOOD ESTABLISHMENT shall
be:
a.
Treated under a HACCP PLAN as specified in Section 225.400(A)(4)(b)
- (e) to attain a 5-log reduction, which is equal to a ninety-nine
and nine hundred ninety-nine thousandths percent (99.999%) reduction,
of the most resistant microorganism of public health significance;P or
b.
Labeled, if not treated to yield a 5-log reduction of the most
resistant microorganism of public health significance:Pf
(1)
As specified under Section 225.140(B)(1);Pf and
(2)
As specified in 21 CFR 101.17(g), Food labeling,
warning, notice, and safe handling statements, JUICES that have not
been specifically processed to prevent, reduce, or eliminate the presence
of pathogens with the following, "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."Pf
[Ord. No. 18-01, 2-1-2018]
A.
Temperature And Time Control.
1.
Frozen Food. Stored frozen FOODS shall be maintained frozen.
2.
Time/Temperature Control For Safety Food, Slacking. Frozen TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD that is slacked to moderate the temperature
shall be held:
3.
Thawing. Except as specified in Subsection (A)(3)(d) of this Section, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be thawed:
a.
Under refrigeration that maintains the FOOD temperature at five
degrees Celsius (5° C.) (41° F.) or less; or
b.
Completely submerged under running water:
(1)
At a water temperature of twenty-one degrees Celsius
(21° C.) (70° F.) or below;
(2)
With sufficient water velocity to agitate and float
off loose particles in an overflow; and
(3)
For a period of time that does not allow thawed
portions of READY-TO-EAT FOOD to rise above five degrees Celsius (5°
C.) (41° F.); or
(4)
For a period of time that does not allow thawed portions of a raw animal FOOD requiring cooking as specified under Section 225.120(A)(1)(a) or (b) to be above five degrees Celsius (5° C.) (41° F.), for more than four (4) hours including:
c.
As part of a cooking process if the FOOD that is frozen is:
(1)
Cooked as specified under Section 225.120(A)(1)(a) or (b) or Section 225.120(A)(2); or
(2)
Thawed in a microwave oven and immediately transferred
to conventional cooking EQUIPMENT, with no interruption in the process;
or
d.
Using any procedure if a portion of frozen READY-TO-EAT FOOD
is thawed and prepared for immediate service in response to an individual
CONSUMER'S order.
e.
REDUCED OXYGEN PACKAGED FISH that bears a label indicating that
it is to be kept frozen until time of use shall be removed from the
reduced oxygen environment:
4.
Cooling.
a.
Cooked TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be cooled:
b.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be cooled within
four (4) hours to five degrees Celsius (5° C.) (41° F.) or
less if prepared from ingredients at ambient temperature, such as
reconstituted FOODS and canned tuna.P
c.
Except as specified under Subsection (A)(4)(d) of this Section, a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD received in compliance with LAWS allowing a temperature above five degrees Celsius (5° C.) (41° F.) during shipment from the supplier as specified in Section 225.100(B)(1)(b), shall be cooled within four (4) hours to five degrees Celsius (5° C.) (41° F.) or less.P
d.
Raw EGGS shall be received as specified under Section 225.100(B)(1)(c) and immediately placed in refrigerated EQUIPMENT that maintains an ambient air temperature of seven degrees Celsius (7° C.) (45° F.) or less.P
5.
Cooling Methods.
a.
Cooling shall be accomplished in accordance with the time and temperature criteria specified under Section 225.130(A)(4) by using one (1) or more of the following methods based on the type of FOOD being cooled:
(1)
Placing the FOOD in shallow pans;Pf
(2)
Separating the FOOD into smaller or thinner portions;Pf
(3)
Using rapid cooling EQUIPMENT;Pf
(4)
Stirring the FOOD in a container placed in an ice
water bath;Pf
(5)
Using containers that facilitate heat transfer;Pf
(6)
Adding ice as an ingredient;Pf or
(7)
Other effective methods.Pf
b.
When placed in cooling or cold holding EQUIPMENT, FOOD containers
in which FOOD is being cooled shall be:
(1)
Arranged in the EQUIPMENT to provide maximum heat
transfer through the container walls; and
(2)
Loosely covered, or uncovered if protected from overhead contamination as specified under Section 225.110(E)(1)(a)(2), during the cooling period to facilitate heat transfer from the surface of the FOOD.
6.
Time/Temperature Control For Safety Food, Hot And Cold Holding.
a.
Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under Section 225.130(A)(9), and except as specified under Subsection (A)(6)(b) and in Subsection (A)(6)(c) of this Section, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be maintained:
(1)
At fifty-seven degrees Celsius (57° C.) (135° F.) or above, except that roasts cooked to a temperature and for a time specified in Section 225.120(A)(1)(b) or reheated as specified in Section 225.120(C)(1)(e) may be held at a temperature of fifty-four degrees Celsius (54° C.) (130° F.) or above;P or
(2)
At five degrees Celsius (5° C.) (41° F.)
or less.P
b.
EGGS that have not been treated to destroy all viable Salmonellae
shall be stored in refrigerated EQUIPMENT that maintains an ambient
air temperature of seven degrees Celsius (7° C.) (45° F.)
or less.P
c.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under Subsection (A)(6)(a) of this Section, while contained within specially designed EQUIPMENT that complies with the design and construction requirements as specified under Section 225.180(D)(3)(e).
7.
Ready-To-Eat, Time/Temperature Control For Safety Food, Date
Marking.
a.
Except when PACKAGING FOOD using a REDUCED OXYGEN PACKAGING method as specified under Section 225.130(B)(2), and except as specified in Subsections (A)(7)(e) and (A)(7)(f) of this Section, refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and held in a FOOD ESTABLISHMENT for more than twenty-four (24) hours shall be clearly marked to indicate the date or day by which the FOOD shall be consumed on the PREMISES, sold, or discarded when held at a temperature of five degrees Celsius (5° C.) (41° F.) or less for a maximum of seven (7) days. The day of preparation shall be counted as Day 1.Pf
b.
Except as specified in Subsection (A)(7)(e) - (g) of this Section, refrigerated, READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and PACKAGED by a FOOD PROCESSING PLANT shall be clearly marked, at the time the original container is opened in a FOOD ESTABLISHMENT and if the FOOD is held for more than twenty-four (24) hours, to indicate the date or day by which the FOOD shall be consumed on the PREMISES, sold, or discarded, based on the temperature and time combinations specified in Subsection (A)(7)(a) of this Section and:Pf
c.
A refrigerated, READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD ingredient or a portion of a refrigerated, READY-TO-EAT, TIME/TEMPERATURE
CONTROL FOR SAFETY 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.Pf
d.
A date marking system that meets the criteria stated in Subsections (A)(7)(a) and (A)(7)(b) of this Section may include:
(1)
Using a method APPROVED by the REGULATORY AUTHORITY
for refrigerated, READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD that is frequently rewrapped, such as lunchmeat or a roast, or
for which date marking is impractical, such as soft serve mix or milk
in a dispensing machine;
(2)
Marking the date or day of preparation, with a procedure to discard the FOOD on or before the last date or day by which the FOOD must be consumed on the premises, sold, or discarded as specified under Subsection (A)(7)(a) of this Section;
(3)
Marking the date or day the original container is opened in a FOOD ESTABLISHMENT, with a procedure to discard the FOOD on or before the last date or day by which the FOOD must be consumed on the premises, sold, or discarded as specified under Subsection (A)(7)(b) of this Section; or
(4)
Using calendar dates, days of the week, color-coded
marks, or other effective marking methods, provided that the marking
system is disclosed to the REGULATORY AUTHORITY upon request.
g.
Subsection (A)(7)(b) of this Section does not apply to the following FOODS prepared and PACKAGED by a FOOD PROCESSING PLANT inspected by a REGULATORY AUTHORITY:
(1)
Deli salads, such as ham salad, seafood salad,
chicken salad, egg salad, pasta salad, potato salad, and macaroni
salad, manufactured in accordance with 21 CFR 110, Current good manufacturing
practice in manufacturing, packing, or holding human food;
(2)
Hard cheeses containing not more than thirty-nine
percent (39%) moisture as defined in 21 CFR 133, Cheeses and related
cheese products, such as cheddar, gruyere, parmesan and reggiano,
and romano;
(3)
Semi-soft cheeses containing more than thirty-nine
percent (39%) moisture, but not more than fifty percent (50%) moisture,
as defined in 21 CFR 133, Cheeses and related cheese products, such
as blue, edam, gorgonzola, gouda, and monterey jack;
(4)
Cultured dairy products as defined in 21 CFR 131,
Milk and cream, such as yogurt, sour cream, and buttermilk;
(5)
Preserved FISH products, such as pickled herring
and dried or salted cod, and other acidified FISH products defined
in 21 CFR 114, Acidified foods;
(6)
Shelf stable, dry fermented sausages, such as pepperoni
and Genoa; and
(7)
Shelf stable salt-cured products such as prosciutto
and Parma (ham).
8.
Ready-To-Eat, Time/Temperature Control For Safety Food, Disposition.
a.
A FOOD specified in Section 225.130(A)(7)(a) or (b) shall be discarded if it:
(1)
Exceeds the temperature and time combination specified in Section 225.130(A)(7)(a), except time that the product is frozen;P
(2)
Is in a container or PACKAGE that does not bear
a date or day;P or
(3)
Is appropriately marked with a date or day that exceeds a temperature and time combination as specified in Section 225.130(A)(7)(a).P
b.
Refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared in a FOOD ESTABLISHMENT and dispensed through a VENDING MACHINE with an automatic shutoff control shall be discarded if it exceeds a temperature and time combination as specified in Section 225.130(A)(7)(a).P
9.
Time As A Public Health Control.
a.
Except as specified under Subsection (A)(9)(d) of this Section, if time without temperature control is used as the public health control for a working supply of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD before cooking, or for READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is displayed or held for sale or service:
(1)
Written procedures shall be prepared in advance,
maintained in the FOOD ESTABLISHMENT and made available to the REGULATORY
AUTHORITY upon request that specify:Pf
(a)
Methods of compliance with Subsections (A)(9)(a)(1)(b)(1) - (3) or (A)(9)(a)(1)(c)(1) - (5) of this Section;Pf and
(b)
Methods of compliance with Section 225.130(A)(4) for FOOD that is prepared, cooked, and refrigerated before time is used as a public health control.Pf
b.
If time without temperature control is used as the public health
control up to a maximum of four (4) hours:
(1)
The FOOD shall have an initial temperature of five
degrees Celsius (5° C.) (41° F.) or less when removed from
cold holding temperature control, or fifty-seven degrees Celsius (57°
C.) (135° F.) or greater when removed from hot holding temperature
control;P
(2)
The FOOD shall be marked or otherwise identified
to indicate the time that is four (4) hours past the point in time
when the FOOD is removed from temperature control;Pf
(3)
The FOOD shall be cooked and served, served at
any temperature if READY-TO-EAT, or discarded, within four (4) hours
from the point in time when the FOOD is removed from temperature control;P and
(4)
The FOOD in unmarked containers or PACKAGES, or
marked to exceed a four-hour limit shall be discarded.P
c.
If time without temperature control is used as the public health
control up to a maximum of six (6) hours:
(1)
The FOOD shall have an initial temperature of five
degrees Celsius (5° C.) (41° F.) or less when removed from
temperature control and the FOOD temperature may not exceed twenty-one
degrees Celsius (21° C.) (70° F.) within a maximum time period
of six (6) hours;P
(2)
The FOOD shall be monitored to ensure the warmest
portion of the FOOD does not exceed twenty-one degrees Celsius (21°
C.) (70° F.) during the six-hour period, unless an ambient air
temperature is maintained that ensures the FOOD does not exceed twenty-one
degrees Celsius (21° C.) (70° F.) during the six-hour holding
period;Pf
(3)
The FOOD shall be marked or otherwise identified
to indicate:Pf
(4)
The FOOD shall be:
(a)
Discarded if the temperature of the FOOD exceeds
twenty-one degrees Celsius (21° C.) (70° F.);P or
(b)
Cooked and served, served at any temperature if
READY-TO-EAT, or discarded within a maximum of six (6) hours from
the point in time when the FOOD is removed from five degrees Celsius
(5° C.) (41° F.) or less cold holding temperature control;P and
(5)
The FOOD in unmarked containers or PACKAGES, or
marked with a time that exceeds the six-hour limit shall be discarded.P
B.
Specialized Processing Methods.
1.
Variance Requirement. A FOOD ESTABLISHMENT shall obtain a VARIANCE from the REGULATORY AUTHORITY as specified in Section 225.390(C)(1) and under Section 225.390(C)(2) before:Pf
a.
Smoking FOOD as a method of FOOD preservation rather than as
a method of flavor enhancement;Pf
b.
Curing FOOD;Pf
d.
Packaging TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN PACKAGING method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under Section 225.130(B)(2);Pf
e.
Operating a MOLLUSCAN SHELLFISH life-support system display
tank used to store or display shellfish that are offered for human
consumption;Pf
f.
Custom processing animals that are for personal use as FOOD
and not for sale or service in a FOOD ESTABLISHMENT;Pf
g.
Preparing FOOD by another method that is determined by the REGULATORY
AUTHORITY to require a VARIANCE;Pf or
h.
Sprouting seeds or beans.Pf
2.
Reduced Oxygen Packaging Without A Variance, Criteria.
a.
Except for a FOOD ESTABLISHMENT that obtains a VARIANCE as specified under Section 225.130(B)(1), a FOOD ESTABLISHMENT that PACKAGES TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN PACKAGING method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.P
b.
Except as specified under Subsection (B)(2)(f) of this Section, a FOOD ESTABLISHMENT that PACKAGES TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN PACKAGING method shall implement a HACCP PLAN that contains the information specified under Section 225.400(A)(4)(b) and (d) and that:Pf
(1)
Identifies the FOOD to be PACKAGED;Pf
(2)
Except as specified under Subsection (B)(2)(c) - (e) of this Section, requires that the PACKAGED FOOD shall be maintained at five degrees Celsius (5° C.) (41° F.) or less and meet at least one (1) of the following criteria:
(a)
Has an AW of 0.91 or less;Pf
(b)
Has a pH of 4.6 or less;Pf
(c)
Is a MEAT or POULTRY product cured at a FOOD PROCESSING
PLANT regulated by the USDA using substances specified in 9 CFR 424.21,
Use of food ingredients and sources of radiation, and is received
in an intact PACKAGE;Pf or
(d)
Is a FOOD with a high level of competing organisms
such as raw MEAT, raw POULTRY, or raw vegetables;Pf
(3)
Describes how the PACKAGE shall be prominently
and conspicuously labeled on the principal display panel in bold type
on a contrasting background, with instructions to:Pf
(4)
Limits the refrigerated shelf life to no more than
thirty (30) calendar days from PACKAGING to consumption, except the
time the product is maintained frozen, or the original manufacturer's
"sell-by" or "use-by" date, whichever occurs first;P
(5)
Includes operational procedures that:
(a)
Prohibit contacting READY-TO-EAT FOOD with bare hands as specified under Section 225.110(A)(1)(b);Pf
(b)
Identify a designated work area and the method
by which:Pf
(c)
Delineate cleaning and SANITIZATION procedures
for FOOD-CONTACT SURFACES;Pf and
(6)
Describes the training program that ensures that
the individual responsible for the REDUCED OXYGEN PACKAGING operation
understands the:Pf
(a)
Concepts required for a safe operation;Pf
(b)
EQUIPMENT and facilities;Pf and
(c)
Procedures specified under Subsection (B)(2)(b)(5) of this Section and Section 225.400(A)(4)(b) and (d).Pf
(7)
Is provided to the REGULATORY AUTHORITY prior to implementation as specified under Section 225.400(A)(3)(b).
c.
Except for FISH that is frozen before, during, and after PACKAGING,
a FOOD ESTABLISHMENT may not PACKAGE FISH using a REDUCED OXYGEN PACKAGING
method.P
d.
Except as specified under Subsection (B)(2)(c) and Subsection (B)(2)(f) of this Section, a FOOD ESTABLISHMENT that PACKAGES TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a cook-chill or sous vide process shall:
(1)
Provide to the REGULATORY AUTHORITY prior to implementation,
a HACCP PLAN that contains the information as specified under Section 225.400(A)(4)(b)
and (d);Pf
(2)
Ensure the FOOD is:
(a)
Prepared and consumed on the PREMISES, or prepared
and consumed off the PREMISES but within the same business entity
with no distribution or sale of the PACKAGED product to another business
entity or the CONSUMER;Pf
(b)
Cooked to heat all parts of the FOOD to a temperature
and for a time as specified under Section 225.120(A)(1)(a), (b),
and (c);P
(d)
Placed in a PACKAGE with an oxygen barrier and
sealed before cooking, or placed in a PACKAGE and sealed immediately
after cooking and before reaching a temperature below fifty-seven
degrees Celsius (57° C.) (135° F.);P
(e)
Cooled to five degrees Celsius (5° C.) (41° F.) in the sealed PACKAGE or bag as specified under Section 225.130(A)(4); and:
(i)
Cooled to one degrees Celsius (1° C.) (34°
F.) within forty-eight (48) hours of reaching five degrees Celsius
(5° C.) (41° F.) and held at that temperature until consumed
or discarded within thirty (30) days after the date of PACKAGING;P
(ii)
Held at five degrees Celsius (5° C.) (41°
F.) or less for no more than seven (7) days, at which time the FOOD
must be consumed or discarded;P or
(iii)
Held frozen with no shelf life restriction while
frozen until consumed or used.P
(f)
Held in a refrigeration unit that is equipped with
an electronic system that continuously monitors time and temperature
and is visually examined for proper operation twice daily;Pf
(g)
If transported off-site to a satellite location
of the same business entity, equipped with verifiable electronic monitoring
devices to ensure that times and temperatures are monitored during
transportation;Pf and
(h)
Labeled with the product name and the date PACKAGED;Pf and
(4)
Implement written operational procedures as specified under Subsection (B)(2)(b)(5) of this Section and a training program as specified under Subsection (B)(2)(b)(6) of this Section.Pf
e.
Except as specified under Subsection (B)(2)(f) of this Section, a FOOD ESTABLISHMENT that PACKAGES cheese using a REDUCED OXYGEN PACKAGING method shall:
(1)
Limit the cheeses PACKAGED to those that are commercially
manufactured in a FOOD PROCESSING PLANT with no ingredients added
in the FOOD ESTABLISHMENT and that meet the Standards of Identity
as specified in 21 CFR 133.150, Hard cheeses, 21 CFR 133.169, Pasteurized
process cheese or 21 CFR 133.187, Semisoft cheeses;P
(2)
Have a HACCP PLAN that contains the information specified under Section 225.400(A)(4)(b) and (d) and as specified under Subsections (B)(2)(b)(1), (B)(2)(b)(3)(a), (B)(2)(b)(5) and (B)(2)(b)(6) of this Section;Pf
(3)
Labels the PACKAGE on the principal display panel
with a "use-by" date that does not exceed thirty (30) days from its
packaging or the original manufacturer's "sell-by" or "use-by"
date, whichever occurs first;Pf and
(4)
Discards the REDUCED OYGEN PACKAGED cheese if it
is not sold for off-PREMISES consumption or consumed within thirty
(30) calendar days of its PACKAGING.Pf
f.
A HACCP Plan is not required when a FOOD ESTABLISHMENT uses
a REDUCED OXYGEN PACKAGING method to PACKAGE TIME/TEMPERATURE CONTROL
FOR SAFETY FOOD that is always:
[Ord. No. 18-01, 2-1-2018]
A.
Accurate Representation.
1.
Standards Of Identity. PACKAGED FOOD shall comply with standard
of identity requirements in 21 CFR 131-169 and 9 CFR 319, Definitions
and standards of identity or composition, and the general requirements
in 21 CFR 130, FOOD Standards: General and 9 CFR 319, Subpart A -
General.
B.
Labeling.
1.
Food Labels.
a.
Food PACKAGED in a FOOD ESTABLISHMENT, shall be labeled as specified
in LAW, including 21 CFR 101, FOOD labeling, and 9 CFR 317, Labeling,
marking devices, and containers.
b.
Label information shall include:
(1)
The common name of the food, or absent a common
name, an adequately descriptive identity statement;
(2)
If made from two (2) or more ingredients, a list
of ingredients and sub-ingredients in descending order of predominance
by weight, including a declaration of artificial colors, artificial
flavors and chemical preservatives, if contained in the FOOD;
(3)
An accurate declaration of the net quantity of
contents;
(4)
The name and place of business of the manufacturer,
packer, or distributor; and
(5)
The name of the FOOD source for each MAJOR FOOD
ALLERGEN contained in the FOOD unless the FOOD source is already part
of the common or usual name of the respective ingredient.Pf
(6)
Except as exempted in the Federal Food, Drug, and
Cosmetic Act § 403(q)(3) - (5), nutrition labeling as specified
in 21 CFR 101, FOOD Labeling and 9 CFR 317, Subpart B, Nutrition Labeling.
(7)
For any salmonid FISH containing canthaxanthin
or astaxanthin as a COLOR ADDITIVE, the labeling of the bulk FISH
container, including a list of ingredients, displayed on the retail
container or by other written means, such as a counter card, that
discloses the use of canthaxanthin or astaxanthin.
c.
Bulk FOOD that is available for CONSUMER self-dispensing shall
be prominently labeled with the following information in plain view
of the CONSUMER:
d.
Bulk, UNPACKAGED FOODS such as bakery products and UNPACKAGED
FOODS that are portioned to CONSUMER specification need not be labeled
if:
(1)
A health, nutrient content, or other claim is not
made;
(2)
There are no State or local LAWS requiring labeling;
and
(3)
The FOOD is manufactured or prepared on the PREMISES
of the FOOD ESTABLISHMENT or at another FOOD ESTABLISHMENT OR a FOOD
PROCESSING PLANT that is owned by the same PERSON and is regulated
by the FOOD regulatory agency that has jurisdiction.
C.
Consumer Advisory.
1.
Consumption Of Animal Foods That Are Raw, Undercooked, Or Not
Otherwise Processed To Eliminate Pathogens.
a.
Except as specified in Section 225.120(A)(1)(c) and Section 225.120(A)(1)(d)(4) and under Section 225.160(A)(1)(c), if an animal FOOD such as beef, EGGS, FISH, lamb, milk, pork, POULTRY, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in READY-TO-EAT form or as an ingredient in another READY-TO-EAT FOOD, the PERMIT HOLDER shall inform CONSUMERS of the significantly increasing RISK of consuming such FOODS by way of a DISCLOSURE and REMINDER, as specified in Subsections (C)(1)(b) and (C)(1)(c) of this Section using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.Pf
b.
DISCLOSURE shall include:
(1)
A description of the animal-derived FOODS, such
as "oysters on the half shell (raw oysters)," "raw-EGG Caesar salad,"
and "hamburgers (can be cooked to order)";Pf or
(2)
Identification of the animal-derived FOODS by asterisking
them to a footnote that states that the items are served raw or undercooked,
or contain (or may contain) raw or undercooked ingredients.Pf
c.
REMINDER shall include asterisking the animal-derived FOODS
requiring DISCLOSURE to a footnote that states:
(1)
Regarding the safety of these items, written information
is available upon request;Pf
(2)
Consuming raw or undercooked MEATS, POULTRY, seafood,
shellfish or EGGS may increase your risk of foodborne illness;Pf or
(3)
Consuming raw or undercooked MEATS, POULTRY, seafood,
shellfish, or EGGS may increase your RISK of foodborne illness, especially
if you have certain medical conditions.Pf
[Ord. No. 18-01, 2-1-2018]
A.
Disposition.
1.
Discarding Or Reconditioning Unsafe, Adulterated, Or Contaminated
Food.
a.
A FOOD that is unsafe, ADULTERATED, or not honestly presented as specified under Section 225.090(A)(1) shall be discarded or reconditioned according to an APPROVED procedure.P
b.
FOOD that is not from an APPROVED source as specified under Section 225.100(A)(1) - (7) shall be discarded.P
c.
Ready-to-eat FOOD that may have been contaminated by an EMPLOYEE who has been RESTRICTED or EXCLUDED as specified under Section 225.050(B) shall be discarded.P
d.
FOOD that is contaminated by FOOD EMPLOYEES, CONSUMERS, or other
PERSONS through contact with their hands, bodily discharges, such
as nasal or oral discharges, or other means shall be discarded.P
[Ord. No. 18-01, 2-1-2018]
A.
Additional Safeguards.
1.
Pasteurized Foods, Prohibited Re-Service, And Prohibited Food.
In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION:
a.
The following criteria apply to JUICE:
(1)
For the purposes of this paragraph only, children
who are age nine (9) or less and receive FOOD in a school, day care
setting, or similar facility that provides custodial care are included
as HIGHLY SUSCEPTIBLE POPULATIONS;
(2)
PREPACKAGED JUICE or a PREPACKAGED BEVERAGE containing JUICE, that bears a warning label as specified in 21 CFR 101.17(g), FOOD labeling, warning, notice, and safe handling statements, Juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens, or a PACKAGED JUICE or BEVERAGE containing JUICE, that bears a warning label as specified under Section 225.120(D)(1)(b) may not be served or offered for sale;P and
(3)
UNPACKAGED JUICE that is prepared on the PREMISES
for service or sale in a READY-TO-EAT form shall be processed under
a HACCP plan that contains the information specified under Section 225.400(A)(4)(b)
- (e) and as specified in 21 CFR, Part 120, Hazard Analysis and Critical
Control Point (HACCP) Systems, Subpart B, Pathogen Reduction, 120.24,
Process controls.P
b.
Pasteurized EGGS or EGG PRODUCTS shall be substituted for raw
EGGS in the preparation of:P
c.
The following FOODS may not be served or offered for sale in
a READY-TO-EAT form:P
d.
FOOD EMPLOYEES may not contact READY-TO-EAT FOOD as specified
under Section 225.110(A)(1)(b) and (e).P
e.
Time only, as the public health control as specified under Section 225.130(A)(9)(d), may not be used for raw EGGS.P
f.
Subsection (A)(1)(b)(2) of this Section does not apply if:
(1)
The raw EGGS are combined immediately before cooking for one (1) CONSUMER's serving at a single meal, cooked as specified under Section 225.120(A)(1)(a)(1), and served immediately, such as an omelet, souffle, or scrambled EGGS;
(2)
The raw EGGS are combined as an ingredient immediately
before baking and the EGGS are thoroughly cooked to a READY-TO-EAT
form, such as a cake, muffin, or bread; or
(3)
The preparation of the FOOD is conducted under
a HACCP PLAN that:
(a)
Identifies the FOOD to be prepared;
(b)
Prohibits contacting READY-TO-EAT FOOD with bare
hands;
(c)
Includes specifications and practices that ensure:
(i)
Salmonella Enteritidis growth is controlled before
and after cooking; and
(ii)
Salmonella Enteritidis is destroyed by cooking the EGGS according to the temperature and time specified in Section 225.120(A)(1)(a)(2);
(d)
Contains the information specified under Section 225.400(A)(4)(d) including procedures that:
(e)
Describes the training program that ensures that
the FOOD EMPLOYEE responsible for the preparation of the FOOD understands
the procedures to be used.
g.
Except as specified in Subsection (A)(1)(h) of this Section, FOOD may be re-served as specified under Section 225.110(F)(4)(b)(1) and (2).
h.
FOOD may not be re-served under the following conditions:
(1)
Any FOOD served to patients or clients who are
under contact precautions in medical isolation or quarantine, or protective
environment isolation may not be re-served to others outside.
(2)
Packages of FOOD from any patients, clients, or
other CONSUMERS should not be re-served to PERSONS in protective environment
isolation.
