Current through 2024-38, September 18, 2024
3-801 Additional Safeguards
3-801.11 Pasteurized Foods, Prohibited Reservice,
and Prohibited Food.*
In a Food or Eating Establishment that serves a Highly
Susceptible Population:
(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) (2012 ed.), 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 ¶ 3-401.11(A)(1) may not be served or
offered for sale; 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 that contains the
information specified under ¶¶ 8-201.14(B) - (E) and as specified in
21 CFR Part 120 (Hazard Analysis and Critical Control Point (HACCP) Systems),
Subpart B (Pathogen Reduction), 120.24 (Process controls)(2012 ed.).
(B) Pasteurized Eggs or Egg
Products or pasteurized liquid, frozen, or dry Eggs or EggProducts shall be
substituted for raw Eggs in the preparation of:
(1)Foods such as Caesar salad, hollandaise or
Béarnaise sauce, mayonnaise, meringue, egg nog, ice cream, and
egg-fortified Beverages, and
(2)
Except as specified in ¶ (F) of this section, recipes in which more than
one Egg is broken and the Eggs are combined;
(C) The following Foodsmay not be served or
offered for sale in a Ready-to-Eatform:
(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, and
soft-cooked Eggs that are made from raw Eggs, and meringue, and
(3)Raw seed sprouts.
(D)Food Employees may not contact
Ready-to-Eat Food as specified under ¶¶ 3-301.11(B) and
(E).
(E)Time only, as the public
health control, as specified under ¶ 3-501.19(D), may not be used for raw
Eggs.
(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-Eatform, 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)
S
almonella 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
subparagraph3-401.11 (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.
(G)Except as specified in paragraph (H) of
this section, food may be re-served as specified under Subparagraph 3-306.14
(B)(1) and (2).
(H)Food may not be
re-served under the following conditions:
(1)
Any food served to patients or clients who are under
contact precautions in medical isolation or quarantine, or protective
environment isolation may not be re-served to others outside;
(2)Packages of food from any patients,
clients, or other consumers should not be re-served to persons in protective
environment isolation.
