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 144-200-3-4 - DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN

Universal Citation: 10 ME Code Rules § 144-200-3-4

Current through 2024-38, September 18, 2024

3-401Cooking

3-401.11 Raw Animal Foods.*

(A)Except as specified under ¶ (B) and in ¶¶ (C) and (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 of the following methods based on the Food that is being cooked:

(1) 63ºC (145ºF) or above for 15 seconds for:

(a) Raw Eggs that are broken and prepared in response to a Consumer's order and for immediate service, and

(b) Except as specified under Subparagraphs (A)(2) and (3) and ¶ (B) and in ¶ (C) of this section, Fish, Meat, and pork including 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);

(2) 68ºC (155ºF) 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) of this section:

Minimum TemperatureMinimum Time °C (°F)
63 (145)	3 minutes
66 (150)	1 minute
70 (158)	< 1 second (instantaneous)

; or

(3)74ºC (165ºF) or above for 15 seconds for Poultry, wild Game Animals, stuffed Fish, stuffed Meat, stuffed pasta, stuffed Poultry, stuffed Ratites, or stuffing containing Fish, Meat, Poultry, or Ratites.

(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:

Oven Type	Oven Temperature Based on Roast Weight
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 Humidity 1	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:

Temperature °C (°F)	Time 1 in Minutes	Temperature °C (°F)	Time 1 in Seconds
54.4 (130)	112	63.9 (147)	134
55.0 (131)	89	65.0 (149)	85
56.1 (133)	56	66.1 (151)	54
57.2 (135)	36	67.2 (153)	34
57.8 (136)	28	68.3 (155)	22
58.9 (138)	18	69.4 (157)	14
60.0 (140)	12	70.0 (158)	0
61.1 (142)	8
62.2 (144)	5
62.8 (145)	4
1 Holding time may include post oven heat rise.

(1) The Food or Eating 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 Beefsteaks as specified in ¶ (C) of this section, may be served or offered for sale in a Ready-to-Eat form if:

(1)As specified under ¶¶ 3-801.11(C)(1) and (2),the Food or Eating 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;

(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) of this section; or

(4) The Regulatory Authority grants a Variance from ¶ (A) or (B) of this section as specified in §8-103.10 based on a HACCP Plan that:

(a) Is submitted by the Permit Holder and approved as specified under §8-103.11,

(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 or Eating Establishmentmeet the conditions of the Variance.

3-401.12 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 74°C (165°F) in all parts of the Food; and

(D)

Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

3-401.13 Plant Food Cooking for Hot Holding.

Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 57°C (135°F).

3-401.14 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 minutes in duration; *

(B) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked Potentially Hazardous Food (Time/Temperature Control for Safety Food) under ¶ 3-501.14(A); *

(C) After cooling, held frozen or cold, as specified for Potentially Hazardous Food (Time/Temperature Control for Safety Food) under ¶ 3-501.16(A)(2);*

(D) Prior to sale or service, cooked using a process that heats all parts of the Foodto a temperature for 15 seconds for full lethality based on the specific product requirements in Section 3-401.11(A)-(C) of this Food Code. No consumer advisory may be used for non-continuous cooking; *

(E) Cooled according to the time and temperature parameters specified for cooked Potentially Hazardous Food (Time/Temperature Control for 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; * and

(F) Prepared and stored according to written procedures that:

(1) Have obtained prior approval from the Regulatory Authority;

(2) Are maintained in the Food or Eating Establishment and are available to the Regulatory Authority upon request;

(3) Describe how the requirements, specified under ¶ (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;

(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; 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 (A).

3-402 Freezing

3-402.11 Parasite Destruction.*

(A) Except as specified in ¶ (B) of this section, before service or sale in Ready-to-Eat form, raw, raw-marinated, partially cooked, or marinated-partially cookedFishshall be:

(1)Frozen and stored at a temperature of -20°C (-4°F) or below for a minimum of 168 hours (7 days) in a freezer;

(2)Frozen at -35°C (-31°F) or below until solid and stored at -35°C (-31ºF) or below for a minimum of 15 hours; or

(3) Frozen at -35°C (-31°F) or below until solid and stored at -20°C (-4°F) or below for a minimum of 24 hours.

(B)Paragraph (A) of this section does not apply to:

(1)Molluscan Shellfish;

(2)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

(3)Aquacultured Fish, such as salmon, that:

(a)If raised in open water, are raised in net-pens, or

(b)Are raised in land-based operations such as ponds or tanks, and

(c)Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured Fish.

(4)Fish eggs that have been removed from the skein and rinsed.

3-402.12 Records, Creation and Retention.

(A) Except as specified in ¶ 3-402.11(B) and ¶ (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 at the Food or Eating Establishment for 90 calendar days beyond the time of service or sale of the Fish.

(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 §3-402.11 may substitute for the records specified under ¶ (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 Subparagraph 3-402.11(B)(3), 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)(3) 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.

3-403 Reheating

3-403.10 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.

3-403.11 Reheating for Hot Holding.

(A) Except as specified under ¶¶ (B) and (C) and in ¶ (E) of this section, Potentially Hazardous Food (Time/Temperature Control for Safety Food) that is cooked, cooled, andreheated for hot holding shall be reheated so that all parts of the Food reach a temperature of at least 74ºC (165ºF) for 15 seconds. *

(B)

Except as specified under ¶ (C) of this section, Potentially Hazardous Food

(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 74ºC (165ºF) and the Food is rotated or stirred, covered, and allowed to stand covered for 2 minutes after reheating.*

(C) Ready-to-Eat Food taken from a commercially processed, Hermetically Sealed Container, or from an intact package from a Food Processing Plant that is inspected by the Food Regulatory Authority that has jurisdiction over the plant, shall be heated to a temperature of at least 57ºC (135ºF) for hot holding. *

(D) Reheating for hot holding as specified under ¶¶ (A) - (C) of this section shall be done rapidly and the time the Food is between 5ºC (41ºF) and the temperatures specified under ¶¶ (A) - (C) of this section may not exceed 2 hours. *

(E) Remaining unsliced portions of roasts of beef that are cooked as specified under ¶ 3-401.11(B) may be reheated for hot holdingusing the oven parameters and minimum time and temperature conditions specified under 3-401.11(B).

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