Current through Bulletin 2024-06, March 15, 2024
(1) Any food requiring cooking, thawing,
cooling, freezing, or reheating before service shall be cooked, frozen, or
reheated as required in Part 3-4 of the FDA Food Code.
(2)
(a)
Stored frozen foods shall be maintained frozen. Commercially processed foods
that are labeled to be kept frozen must be kept frozen until cooked or
served.
(b) Commercially processed
foods labeled to be kept frozen may be thawed under refrigeration at 41 degrees
F or below in accordance the manufacturer's directions if:
(i) records are kept or date marking used
indicating when the food entered refrigeration; and
(ii) discarded seven days after entering the
refrigerator.
(3) Except during preparation, cooking, or
cooling time/temperature control for safety food shall be maintained:
(a) at 135 degrees F or above, or
(b) at 41 degrees F or less.
(4) Except for whole-muscle intact
beef steak, if raw animal-derived food is served raw, undercooked, or without
otherwise being processed to eliminate pathogens, the operator shall:
(a) notify the consumer as to which food is
being served raw or undercooked; and
(b) inform the consumer by way of effective
written means that there is a significantly increased risk of consuming such
foods.
(5)
(a) Ready-to-eat, TCS food prepared and held
for more than 24 hours at a temperature of 41 degrees F or less in an
agritourism food establishment shall be clearly marked to show the date or day
by which the food shall be consumed, sold, or discarded, which date shall be a
maximum of seven days from the date of preparation, with the day of preparation
being counted as day one.
(b)
Ready-to-eat, TCS food prepared and packaged by a food processing plant, and
opened and held for more than 24 hours at a temperature 41 degrees F or less in
an agritourism food establishment shall be clearly marked when the original
container is opened in an agritourism food establishment to show the date or
day by which the food shall be consumed, sold, or discarded, with the day the
original container is opened being counted as day 1, and the day or date marked
by the agritourism food establishment may not exceed a manufacturer's use-by
date if the manufacturer determined the use-by date based on food
safety.
(6) A
refrigerated, ready-to-eat time/temperature control for safety food ingredient
or a portion of a refrigerated, ready-to-eat, TCS food that is subsequently
combined with additional ingredients or portions of food shall keep the date
marking of the earliest-prepared or first-prepared ingredient.
(7) A food specified in Subsection
R392-105-11(5) shall be discarded if it:
(a)
exceeds the temperature and time combination specified in Subsection
R392-105-11(5), except time that the product is frozen;
(b) is in a container or package that does
not bear a date or day; or
(c) is
appropriately marked with a date or day that exceeds a temperature and time
combination as specified in Subsection R392-105-11(5).
