Nevada Administrative Code
Chapter 446 - Food Establishments
GENERAL PROVISIONS
Section 446.025 - "Potentially hazardous food" defined

Universal Citation: NV Admin Code 446.025

Current through September 16, 2024

1. "Potentially hazardous food (time/temperature control for safety food)" means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

2. The term includes:

(a) An animal food that is raw or heat-treated, a plant food that is heat-treated or consists of raw seed sprouts, cut melons or garlic-in-oil mixtures which are not modified in a way that results in mixtures that do not support pathogenic microorganism growth or toxin formation; and

(b) Except as otherwise provided in paragraph (d) of subsection 3, a food that because of the interaction of its aw and pH values is designated as Product Assessment required (PA) in Table A or B:

Table A: Interaction of pH and aw for Control of Spores in Food Heat-Treated to Destroy Vegetative Cells and Subsequently Packaged
aw values pH values
4.6 or less > 4.6-5.6 > 5.6
[LESS THEN OR EQUAL TO] 0.92 non-PHF*/ non-TCS food** non-PHF/ non-TCS food non-PHF/ non-TCS food
> 0.92-0.95 non-PHF/ non-TCS food non-PHF/ non-TCS food PA***
> 0.95 non-PHF/ non-TCS food PA PA

* "PHF" means potentially hazardous food

** "TCS food" means time/temperature control for safety food

*** "PA" means Product Assessment required

Table B: Interaction of pH and aw for Control of Vegetative Cells and Spores in Food not Heat-Treated but not Packaged
aw values pH values
< 4.2 4.2-4.6 > 4.6-5.0 > 5.0
< 0.88 non-PHF*/ non-TCS food** non-PHF/ non-TCS food non-PHF/ non-TCS food non-PHF/ non-TCS food
0.88-0.90 non-PHF/ non-TCS food non-PHF/ non-TCS food non-PHF/ non-TCS food PA***
> 0.90-0.92 non-PHF/ non-TCS food non-PHF/ non-TCS food PA PA
> 0.92 non-PHF/ non-TCS food PA PA PA

* "PHF" means potentially hazardous food

** "TCS food" means time/temperature control for safety food

*** "PA" means Product Assessment required

3. The term does not include:

(a) An air-cooled hard-boiled egg with the shell intact, or an egg with the shell intact that is not hard-boiled but has been pasteurized to destroy all viable Salmonellae;

(b) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;

(c) Food that because of its pH or aw value, or interaction of aw and pH values, is designated as a non-pH or aw value, or interaction of aw and pH values, is designated as a non-PHF/non-TCS food in Table A or B in subsection 2;

(d) A food that is designated as Product Assessment required (PA) in Table A or B in subsection 2 and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded because of:
(1) Intrinsic factors, including added or natural characteristics of the food, including, without limitation, preservatives, antimicrobials, humectants, acidulants or nutrients;

(2) Extrinsic factors, including environmental or operational factors that affect the food, including, without limitation, packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use; or

(3) A combination of intrinsic and extrinsic factors; or

(e) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one or more of paragraphs (a) to (d), inclusive, even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

Bd. of Health, Food Establishments Reg. Art. 1 § 1.1 subsec. 1.1.3, eff. 9-17-82-NAC A 10-14-88; 9-16-92; 5-23-96; R069-10, 12-18-2013

NRS 439.200, 446.940

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