Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 331 - STATE OF MAINE FOOD CODE 2001
Chapter 3 - FOOD
Section 001-331-3-8 - SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE POPULATIONS

Universal Citation: 01 ME Code Rules ยง 001-331-3-8

Current through 2024-38, September 18, 2024

3-801 Additional Safeguards

3-801.11 Pasteurized Foods, Prohibited Reservice, and Prohibited Food.*

In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION:

(A) PrePACKAGED JUICE or a prePACKAGED beverage containing JUICE, that bears a warning label as specified in 21 CFR, Section 101.17(g) Food Labeling, may not be served or offered for sale;

(B) Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of:

(1) FOODS such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, egg nog, ice cream, and egg-fortified BEVERAGES, and

(2) Except as specified in ¶ (E) of this section, recipes in which more than one egg is broken and the eggs are combined;

(C) FOOD in an unopened original package may not be re-served; and

(D) The following FOODS may not be served or offered for sale in a READY-TO-EAT form:

(1) Raw animal FOODS such as raw FISH, raw-marinated FISH, raw MOLLUSCAN SHELLFISH, and steak tartare,

(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, and

(3) Raw seed sprouts.

(E) 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 Enteritidisgrowth is controlled before and after cooking, and

(ii) SalmonellaEnteritidisis destroyed by cooking the eggs according to the temperature and time specified in subparagraph 3-401.11(A)(2),

(d)Contains the information specified under ¶ 8-201.14(D) 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.

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