Current through Bulletin 2024-06, March 15, 2024
The operator shall ensure that:
(1) any food requiring cooking, thawing,
cooling, freezing, or reheating before sale is cooked, frozen, or reheated as
required in Part 3-4 of the FDA Food Code;
(2)
(a)
stored frozen foods are maintained frozen, and commercially processed foods
which are labeled to be kept frozen are kept frozen until cooked or
sold;
(b) commercially processed
foods labeled to be kept frozen that are thawed under refrigeration at 41°F
or below in accordance with the manufacturer's directions:
(i) have date marking or other record keeping
to indicate when the food entered refrigeration; and
(ii) are discarded seven days after entering
the refrigerator;
(3) except during preparation, cooking, or
cooling, time or temperature control food is maintained:
(a) at 135ºF or higher, or
(b) at 41ºF or lower;
(4) except for whole-muscle intact
beef steak, if raw animal-derived food is sold undercooked:
(a) the consumer is notified as to which food
is being sold undercooked; and
(b)
the consumer is informed 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 at a temperature as required in
Subsection (3) is clearly marked to indicate the date or day on which the food
was prepared, which is the same date on which the food shall be consumed, sold,
or discarded;
(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 as required in Subsection (3):
(i) is clearly marked at the time the
original container is opened in a microenterprise home kitchen to indicate 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 microenterprise home kitchen not exceeding a manufacturer's
use-by date if the manufacturer determined the use-by date based on food
safety;
(6) a
refrigerated, ready-to-eat, TCS food ingredient or a portion of a refrigerated,
ready-to-eat, TCS food that is subsequently combined with additional
ingredients or portions of food retains the date marking of the
earliest-prepared or first-prepared ingredient; and
(7) a food specified in Subsection
R392-106-11(5) is discarded if it:
(a) exceeds
the temperature and time combination specified in Section R392-106-11, 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 Section R392-106-11.
