Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331)
Chapter 3 - FOOD
Section 144-200-3-2 - SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS AND RECORDS

Universal Citation: 10 ME Code Rules § 144-200-3-2

Current through 2024-38, September 18, 2024

3-201 Sources

3-201.11 Compliance with Food Law.*

(A)Food shall be obtained from sources that comply with Law.

(B)Food prepared in a private home may not be used or offered for human consumption in a Food or Eating Establishment, unless such establishment is a Bed and Breakfast licensed by the Maine Department of Health and Human Services or a home business licensed by the Maine Department of Agriculture, Conservation and Forestry, unless specifically exempted by Law.

(C)Packaged Food shall be labeled as specified in Law, including 21 CFR 101 (Food Labeling) (2012 edition), 9 CFR 317 (Labeling, Marking Devices, and Containers)(2012 ed.), 9 CFR 381, Subpart N (Labeling and Containers)(2012 ed.); 22 M.R.S. §2157(Amended 2011), and as specified under §§3-202.17 and 3-202.18 of this Code.

(D) Fish, other than those specified in paragraph 3-402.11(B), that are intended for consumption in their raw form and allowed as specified in Subparagraph 3-401.11(D), may be offered for sale or service if they are obtained from a supplier that freezes the Fish as specified under §3-402.11; or frozen on the Premises as specified under §3-402.11 and records are retained as specified under §3-402.12.

(E)Whole-Muscle, Intact Beef steaks that are intended for consumption in an under cooked form without a Consumer advisory as specified in ¶ 3-401.11(C) shall be:

(1) Obtained from a Food Processing Plantthat, upon request by the purchaser, packages the steaks and labels them, to indicate that they meet the definition of Whole-Muscle, Intact Beef; 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, and

(3)If individually cut in a Food or Eating Establishment:

(a) Cut from Whole-Muscle Intact Beef that is labeled by a Food Processing Plant, as specified in Subparagraph (E)(1) of this section, or identified as specified in Subparagraph (E)(2) of this section,

(b) Prepared so they remain intact, and

(c) If Packaged for undercooking in a Food or Eating Establishment, labeled as specified in Subparagraph (E)(1) of this section or identified as specified in (E)(2) of this section.

(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(l) (2011 ed.) and 9 CFR 381.125(b) (1999 ed.).

(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) (2012 ed.).

3-201.12 Food in a Hermetically Sealed Container.*

Food in a Hermetically Sealed Container shall be obtained from a Food Processing Plantthat is regulated by the Food regulatory agency that has jurisdiction over the plant.

3-201.13 Fluid Milk and Milk Products.*

(A)Fluid milk and milk products shall be obtained from sources that comply with Grade A Standards as specified in Law, or by standards established by 7 M.R.S. §2910.

(B) Sale of unpasteurized milk or milk product at Eating Establishment. Except as provided in Subparagraph (A) above and 7 M.R.S.§ 2902-B, Sub-sections 3 and 5 (Amended 2005), a person may not sell unpasteurized milk or a product made from unpasteurized milk at an EatingEstablishment.

3-201.14 Fish.*

(A)Fish that are received for sale or service shall be:

(1) Commercially and legally caught or harvested; or

(2)Approved for sale or service.

(B)Molluscan Shellfish that are recreationally caught may not be received for sale or service.

3-201.15 Molluscan Shellfish.*

(A) Except as specified in ¶ (C) of this section, 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.

(B)Molluscan Shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.

(C)Molluscan Shellfish may be obtained from the holder of a current shellfish license as specified in 12 M.R.S. §6601 (Amended 2011).

3-2

01.16 Wild Mushrooms.*

(A)Reserved.

(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 FoodRegulatory Agency that has jurisdiction over the plant.

(1)

Point of Sale: Identification tags shall be visible at point of sale stating, "Wild harvested mushrooms must not be eaten raw and should be thoroughly cooked".

(2)

Food or Eating Establishment Advisory: A consumer advisory shall inform consumers by brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means that wild harvested mushrooms may cause allergic reactions, stomach upsets, or other effects.

3-201.17 Game Animals.*

(A) If Game Animals are received for sale or service they shall be:

(1) Commercially raised for Food and:

(a) Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction, or

(b)Under a routine inspection program conducted by a Regulatory Agency other than the agency that has animal health jurisdiction, 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, 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; or

(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 (January 1, 2013) Exotic Animal Program or rabbits that are processed in accordance with 01-001 CMR, Chapter 332 (Effective 1987);voluntary inspection or rabbits that are "inspected and certified" in accordance with 9 CFR 354 (Voluntary Inspection of Rabbits and Edible Products Thereof) (January 1, 2013 ed.).

3-202 Specifications for Receiving

3-202.11 Temperature.*

(A) Except as specified in ¶ (B) of this section, refrigerated, Potentially Hazardous Food (Time/Temperature Control for Safety Food) shall be at a temperature of 5ºC (41ºF) or below when received.

(B) If a temperature other than 5ºC (41ºF) for a Potentially Hazardous Food (Time/Temperature Control for Safety Food) is specified in Law governing its distribution, such as Laws governing milk, 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 7 ºC (45ºF) or less.

(D)Potentially Hazardous Food (Time/Temperature Control for Safety Food) that is cooked to a temperature and for a time specified under§§3-401.11 - 3-401.13 and received hot shall be at a temperature of 57 ºC (135 ºF) or above.

(E)A Food that is labeled frozen and shipped frozen by a Food Processing Plant shall be received frozen.

(F)Upon receipt, Potentially Hazardous Food (Time/Temperature Control for Safety Food) shall be free of evidence of previous temperature abuse.

3-202.12 Additives.*

Food may not contain unapproved Food Additives or Additives that exceed amounts specified in 21 CFR §§170 - 180 (2012 ed.) relating to Food Additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR §§181 - 186 (2012 ed.), substances that exceed amounts specified in 9 CFR Subpart C,§ 424.21(b) (Food ingredients and sources of radiation, or pesticide chemicals in food, and exceptions)(2012 ed.).

3-202.13 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 Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA. 7 CFR Part 56 (Regulations Governing the Grading of Eggs and U.S. Standards, Grades, and Weight classes for Eggs) (2008 ed.), and 7 CFR Part 59 (Regulations Governing the Inspection of Eggs and Egg Products) (2006 ed.).

3-202.14 Eggs and Milk Products, Pasteurized.*

(A)Liquid, frozen, and dry eggs and Egg Productsshall be obtained pasteurized.

(B) Fluid and dry milk and milk products shall:

(1) Be obtained pasteurized; and

(2) Comply with Grade A Standards as specified in Law, including 7 M.R.S. § 2910 (Amended 1999).

(C)Except as provided in7 M.R.S. § 2902-B (Amended 2009), a person may not sell unpasteurized milk or a product made from unpasteurized milk at an Eating Establishment.

(D)Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 CFR 135 (Frozen Desserts)(April 2012 ed.).

(E) 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) (April 2013 ed.). Notwithstanding the requirements at this subparagraph, heat-treated cheese may be offered for consumption at an Eating Establishment, in accordance with the provisions of 7 M.R.S. §2902-B(5)(Amended 2009).

3-202.15 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.

3-202.16 Ice.*

Ice for use as a Food or a cooling medium shall be made from Drinking Water.

3-202.17 Shucked Shellfish, Packaging and Identification.

(A) Raw Shucked Shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the:

(1)Name, address, and Certification Number of the shucker-packer or repacker of the Molluscan Shellfish; and

(2) The "sell by" or "best if used by" date for packages with a capacity of less than 1.89 L (one-half gallon) or the date shucked for packages with a capacity of 1.89 L (one-half gallon) or more.

(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 ¶ (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, Section 1240.60(d)Molluscan Shellfish.

3-202.18 Shellstock Identification.*

(A)Shellstockshall 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:

(1)Except as specified under ¶ (C) of this section, on the harvester's tag or label, the following information in the following order:

(a)

The harvester's identification number that is assigned by the Shellfish Control Authority,

(b)

The date of harvesting,

(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 fish are harvested,

(d)

The type and quantity of shellfish, 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 90 days;" and

(2)

Except as specified in ¶ (D) of this section, on each dealer's tag or label, the following information in the following order:

(a)

The Dealer's name and address, and the Certification Number assigned by the Shellfish Control Authority,

(b)

The original shipper's Certification Number including the abbreviation of the name of the state or country in which the shellfish are harvested,

(c)

The same information as specified for a harvester's tag under Subparagraphs (A)(1)(b)-(d) of this section, 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 90 DAYS."

(B) A container of Shell stock 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 ¶ (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), Section 1240.60(d) (2012 ed.).

(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.

(D) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under Subparagraphs (A)(2)(a) and (b) of this section, individual dealer tags or labels need not be provided.

3-202.19 Shellstock, Condition.

When received by a Food Establishment, Shellstock shall be reasonably free of mud, dead fish, and fish with broken shells. Dead shellfish or Shellstock with badly broken shells shall be discarded.

3-202.110 Juice Treated.*

Pre-Packaged Juice shall:

(A) Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120 (Hazard Analysis and Critical Control (HACCP) Systems)(2012 ed.);and

(B) 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)(2012 ed.).

3-203.11 Molluscan Shellfish, Original Container.

(A) Except as specified in ¶¶ (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,Shellstockmay 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 §3-202.18 and recorded as specified under §3-203.12; 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 §3-202.17 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 § 3-202.17 and ¶¶ 3-602.11(A) and (B)(1) - (5);

(2)The labeling information as specified under § 3-202.17 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 Subparagraph (D)(2) of this section are maintained for 90 days; and

(4)The shellfish are protected from contamination.

3-203.12 Shellstock, Maintaining Identification.*

(A) Except as specified under Subparagraph (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.

(B)The date when the last Shellstock from the container is sold or served shall be recorded on the tag or label.

(C)The identity of the source of Shellstock that are sold or served shall be maintained by retaining Shellstock tags or labels for 90 calendar days from the date that is recorded on the tag or label, as specified under¶ B of this section, by:

(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 ¶ B of this section

(2) If Shellstock are removed from their tagged or labeled container:

(a) Preserving source identification by using a record keeping system as specified under Subparagraph (C)(1) of this section, and

(b) Ensuring that Shellstock from one 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.

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