(d) 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:
(a) Using separate EQUIPMENT for each type, P or
(b) Arranging each type of FOOD in EQUIPMENT so that cross contamination of one type with another is prevented, P and
(c) Preparing each type of FOOD at different times or in separate areas; P
(3) Cleaning EQUIPMENT and UTENSILS as specified under ¶ 4-602.11 (A) and SANITIZING as specified under § 4-703.11;
(4) Except as specified in Subparagraph 3-501.15 (B)(2) and in ¶ (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 § 6-404.11; and
(8) Separating fruits and vegetables, before they are washed as specified under §3-302.15 from READY-TO-EAT FOOD.
(B) Subparagraph (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 Subparagraph 3-501.15 (B) (2); or
(B) Except as specified in ¶ (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 ¶¶ 4-204.13 (A), (B), and (D).
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(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:
(1) Designed and constructed for reuse and in accordance with the requirements specified under Part 4-1 and 4-2; P
(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:
(a) Cleaned as specified under Part 4-6 of this Code,
(b) Sanitized as specified under Part 4-7 of this Code; P
(c) Visually inspected by a FOOD EMPLOYEE to verify that the container, as returned, meets the requirements specified under Part 4-1 and 4-2;
P and
(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) The CONSUMER-owned container returned to the FOOD ESTABLISHMENT for refilling is refilled for sale or service only to the same CONSUMER; and
(4) The container is refilled by:
(a) An EMPLOYEE of the FOOD ESTABLISHMENT, or
(b) The owner of the container if the BEVERAGE system includes a contamination-free transfer process as specified under ¶¶ 4-204.13(A), (B), and (D) that cannot be bypassed by the container owner.
(D) Consumer-owned, personal take-out BEVERAGE containers, such as thermally insulated bottles, nonspill coffee cups, and promotional BEVERAGE glasses, may be refilled by EMPLOYEES or the CONSUMER if refilling is a contamination-free process as specified under ¶¶ 4-204.13(A), (B), and (D).
(2) 68
°C (155
°F) for 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 Subparagraph 3-201.17 (A) (1), and GAME ANIMALS under a voluntary inspection program as specified under Subparagraph 3-201.17 (A)(2); and raw EGGS that are not prepared as specified under Subparagraph (A)(1)(a):
P
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(3) 74°C (165°F) or above for 15 seconds for POULTRY, BALUTS, wild GAME ANIMALS as specified under ¶ 3-201.17 (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
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; 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:
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(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 ¶ 3-201.11 (E), and
(3) The steak is cooked on both the top and bottom to a surface temperature of 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 ¶ (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¶¶ 3-801.11 (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 § 3-603.11 that to ensure its safety, the FOOD should be cooked as specified under ¶ (A) or (B); or
(4) The DEPARTMENT grants a VARIANCE from ¶ (A) or (B) of this section as specified in § 1-105.11 based on a HACCP PLAN that:
(a) Is submitted by the LICENSE HOLDER and APPROVED as specified under § 1-106.13,
(b) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe FOOD, and
(A) Subject to an initial heating process that is no longer than sixty minutes in duration; P
(B) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked TIME/TEMPERATURE CONTROL SAFETY FOOD under ¶ 3-501.14 (A); P
(C) After cooling, held frozen or cold, as specified for TIME/TEMPERATURE CONTROL SAFETY FOOD under ¶ 3-501.16 (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 ¶¶ 3-401.11 (A) – (C); P
(E) Cooled according to the time and temperature parameters specified for cooked TIME/TEMPERATURE CONTROL SAFETY FOOD under ¶ 3-501.14 (A) if not either hot held as specified under ¶ 3-501.16 (A), served immediately, or held using time as a public health control as specified under § 3-501.19 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 ¶ (A) - (E) of this section are to be monitored and documented by the LICENSE 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 ¶ (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 ¶ (D) of this section, are to be separated from READY-TO-EAT FOODS as specified under ¶ 3-302.11.
Pf
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(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 Subparagraph 3-402.11 (B)(4), a written agreement or statement from the supplier or aquaculturist stipulating that the FISH were raised and fed as specified in Subparagraph 3-402.11 (B)(4) shall be obtained by the PERSON IN CHARGE and retained in the records of the FOOD ESTABLISHMENT for 90 calendar days beyond the time of service or sale of the FISH.
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(A) Under refrigeration that maintains the FOOD temperature at 5
°C (41°F) or less; Pf or
(B) Completely submerged under running water:
(1) At a water temperature of 21°C (70°F) or below, Pf
(2) With sufficient water velocity to agitate and float off loose particles in an overflow, Pf and
(3) For a period of time that does not allow thawed portions of READY-TO-EAT FOOD to rise above 5°C (41°F),
Pf or
(4) For a period of time that does not allow thawed portions of a raw animal FOOD requiring cooking as specified under ¶ 3-401.11 (A) or (B) to be above 5°C (41°F), for more than 4 hours including:
(a) The time the FOOD is exposed to the running water and the time needed for preparation for cooking, Pf or
(b) The time it takes under refrigeration to lower the FOOD temperature to 5°C (41°F); Pf
(C) As part of a cooking process if the FOOD that is frozen is:
(1) Cooked as specified under ¶ 3-401.11 (A) or (B) or § 3-401.12, Pf or
(2) Thawed in a microwave oven and immediately transferred to conventional cooking EQUIPMENT, with no interruption in the process; Pf 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:
(1) Prior to its thawing under refrigeration as specified in ¶ (A) of this section; or
(1) The day the original container is opened in the FOOD ESTABLISHMENT shall be counted as Day 1; Pf and
(2) The day or date marked by the FOOD ESTABLISHMENT may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on FOOD safety. 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 ¶¶ (A) and (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 ¶ (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 ¶ (B) of this section; or
