(2) There are no state or local LAWS requiring labeling.
(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.
(B) DISCLOSURE shall include:
(1) A description of the animal-derived FOODS, such as “oysters on the half shell (raw oysters),” and “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) Whether dining out or preparing FOOD at home, consuming raw or undercooked MEATS, POULTRY, seafood, shellfish, or EGGS may increase your RISK of foodborne illness; Pf or
(3) Whether dining out or preparing FOOD at home, 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
(A) The following criteria apply to JUICE:
(1) For the purposes of this paragraph only, children who are age 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 ¶ 3-404.11 (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 required by the DEPARTMENT under § 1-106.12, and as specified in 21 CFR 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
(1) FOODS such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, EGGnog, ice cream, and EGG-fortified BEVERAGES, P and
(2) Except as specified in ¶ (F) of this section, recipes in which more than one EGG is broken and the EGGS are combined. P
(C) The following FOODS may not be served or offered for sale in a READY-TO-EAT form: P
(1) Raw animal FOODS such as raw FISH, raw-marinated FISH, raw MOLLUSCAN SHELLFISH, and steak tartare; P
(2) A partially cooked animal FOOD such as lightly cooked FISH, rare MEAT, soft-cooked EGGS that are made from raw shell EGGS, and meringue; P and
(3) Raw seed sprouts. P
(D) FOOD EMPLOYEES may not contact READY-TO-EAT FOOD as specified under ¶¶ 3-301.11 (B) and (E). P
(E) Time only, as the public health control as specified under ¶ 3-501.19 (E), may not be used for raw EGGS and cheese curds. P
(F) Subparagraph (B)(2) of this section does not apply if:
(1) The raw EGGS are combined immediately before cooking for one CONSUMER’S serving at a single meal, cooked as specified under Subparagraph 3-401.11 (A)(1), and served immediately, such as an omelet, soufflé, 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 Subparagraph 3-401.11 (A) (2),
(d) Contains the information specified by the DEPARTMENT under 1-106.12, including procedures that:
(i) Control cross contamination of READY-TO-EAT FOOD with raw EGGS, and
(ii) Delineate cleaning and SANITIZATION procedures for FOOD-CONTACT SURFACES, and
(e) Describes the training program that ensures that the FOOD EMPLOYEE responsible for the preparation of the FOOD understands the procedures to be used.
(B) Pewter alloys containing lead in excess of 0.05% may not be used as a FOOD-CONTACT SURFACE. P
(C) Solder and flux containing lead in excess of 0.2% may not be used as a FOOD-CONTACT SURFACE.
(B) Hard maple or an equivalently hard, close-grained wood may be used for:
(1) Cutting boards; cutting blocks; bakers’ tables; and UTENSILS such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and
(2) Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 110°C (230°F) or above.
(C) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.
(D) If the nature of the FOOD requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw FOOD may be kept in:
(1) Untreated wood containers; or
(2) Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800 Preservatives for wood. (1) SMOOTH; Pf
(2) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections; Pf
(3) Free of sharp internal angles, corners, and crevices; Pf
(4) Finished to have SMOOTH welds and joints; Pf and
(5) Except as specified in ¶ (B) of this section, accessible for cleaning and inspection by one of the following methods:
(a) Without being disassembled, Pf
(b) By disassembling without the use of tools, Pf or
(c) By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and Allen wrenches. Pf
(B) Subparagraph (A)(5) does not apply to cooking oil storage tanks, distribution lines for cooking oils, or BEVERAGE syrup lines or tubes.
