Food
(a) Condition safe, unadulterated, and honestly presented.
Food shall be safe, unadulterated, and, as specified under subsection (p)(2) of this section, honestly presented.
(b) Approved sources.
(1) Compliance with food law.
(A) Food shall be obtained from sources that comply with applicable laws and are licensed by the state regulatory authority having jurisdiction over the processing and distribution of the food.
(B) Food prepared in a private home, except as allowed in these rules, or from an unlicensed food manufacturer or wholesaler, is considered to be from an unapproved source and may not be used or offered for human consumption in a food establishment.
(C) Packaged food shall be labeled as specified in law, including 21 CFR 101 Food Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling and Containers, and as specified under subsection (c)(8) and (9) of this section.
(D) Fish, other than molluscan shellfish, that are intended for consumption in their raw form and allowed as specified under subsection (k)(1)(C) of this section shall be obtained from a supplier that freezes the fish as specified under subsection (l)(1) of this section; or shall be frozen on the premises as specified under subsection (l)(1) of this section and records shall be retained as specified under subsection (l)(3) of this section.
(2) Food in a hermetically sealed container. Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
(3) Fluid milk and milk products. Fluid milk and milk products shall be obtained from sources that comply with Grade A standards as specified in law.
(4) Fish.
(A) Fish may not be received for sale or service unless they are commercially and legally caught or harvested, or otherwise approved by the regulatory authority.
(B) Molluscan shellfish that are recreationally caught may not be received for sale or service.
(5) Molluscan shellfish.
(A) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Manual of Operations, or its successor document.
(B) Molluscan shellfish shall be from sources that are currently certified by the appropriate state or national shellfish control authority.
(6) Exotic animals and game animals.
(A) If exotic animals are received for sale or service, they shall:
(i) be commercially raised for food and:
(I) slaughtered, processed, and deemed to be "inspected and approved" under an inspection program administered by U.S.D.A. in accordance with 9 CFR 352 Voluntary Exotic Animal Program; or
(II) slaughtered, processed, and deemed to be "inspected and passed" under a meat and poultry inspection program administered by the department or any other state meat inspection program deemed equal to U.S.D.A. inspection;
(ii) as allowed by law, for exotic animals that are live caught, be slaughtered and processed as required in paragraph (6)(A)(i)(I) or (II) of this subsection;
(iii) as allowed by law, for exotic animals that are field dressed:
(I) receive an antemortem and postmortem examination by the appropriate inspection personnel as described in paragraph (6)(A)(i)(I) or (II) of this subsection; and
(II) be field dressed, transported, and processed according to the requirements specified by the appropriate regulatory authority as described in paragraph (6)(A)(i)(I) or (II) of this subsection.
(B) No exotic animal or game animal may be received for sale or service if it is a species that is listed in 50 CFR 17 Endangered and Threatened Wildlife and Plants.
(C) Game animals must be from a source approved by the regulatory authority and must be commercially processed. Approved sources include:
(i) as allowed by law, commercially raised indigenous game animals;
(ii) indigenous game animals harvested under the authority of the Texas Parks and Wildlife Department, which are wholesome at the time of delivery to a commercial processor; and
(iii) other hunter killed indigenous game animal species, such as rattlesnakes, which are wholesome at the time of delivery to a commercial processor.
(c) Specifications for receiving.
(1) Temperature.
(A) Except as specified in subparagraph (B) of this paragraph, refrigerated, potentially hazardous food shall be at a temperature of 5 degrees Celsius (41 degrees Fahrenheit) or below when received.
(B) Foods such as milk, molluscan shellfish, and shell eggs may be received at the temperature specified in laws governing their distribution.
(C) Potentially hazardous food that is cooked to a temperature and for a time specified under subsection (k) of this section and received hot shall be at a temperature of 60 degrees Celsius (140 degrees Fahrenheit) or above.
(D) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen.
(E) Upon receipt, potentially hazardous food shall be free of evidence of previous temperature abuse.
(2) Additives.
Food may not contain unapproved food additives or additives that exceed amounts allowed in 21 CFR, 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts allowed in 21 CFR, 181-186, substances that exceed amounts specified in 9 CFR 318.7 Approval of substances for use in the preparation of products, 9 CFR 381.147 Restrictions on the use of substances in poultry products, or pesticide residues that exceed provisions specified in 40 CFR 185 Tolerances for Pesticides in Food.
(3) Shell eggs.
Shell eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in 7 CFR Part 56 ? Regulations Governing the Grading of Shell Eggs and U.S. Standards, Grades, and Weight classes for Shell Eggs, and 7 CFR Part 59 - Regulations Governing the Inspection of Eggs and Egg Products.
(4) Liquid, frozen, and dry eggs. Liquid, frozen, and dry eggs and egg products shall be obtained pasteurized.
(5) Fluid milk, dry milk, and milk products.
(A) Fluid milk, dry milk, and milk products complying with Grade A standards as specified in law shall be obtained pasteurized.
(B) Frozen milk products, such as ice cream, shall be obtained pasteurized in accordance with the Texas Frozen Desserts Manufacturer Licensing Act, Texas Health and Safety Code, Chapter 440.
(C) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are provided for in the CFR, such as 21 CFR 133 - Cheeses and Related Cheese Products, for curing certain cheese varieties.
(6) Package integrity. Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.
(7) Ice. Ice used as a food or a cooling medium shall be made from drinking water.
(8) Shucked shellfish, packaging and identification. Raw shucked shellfish shall be obtained in nonreturnable packages legibly bearing the name and address of the person who shucks and packs or repacks the shellfish, the person?s authorized certification number, and the "sell by" date for packages with a capacity of less than 1.87 L (one-half gallon) or the date shucked for packages with a capacity of 1.87 L (one-half gallon) or more.
(9) Shellstock identification. Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the Texas Molluscan Shellfish Rules, 25 TAC, Chapter 241, §241.50-§241.67.
(A) Except as specified under subparagraph (C) of this paragraph, each dealer's tag or label shall contain the following information in the following order:
(i) the dealer's name and address, and the certification number assigned by the shellfish control authority;
(ii) the original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish were harvested;
(iii) the date of harvesting;
(iv) the most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested;
(v) the type and quantity of shellfish;
(vi) the following statement in bold, capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS;" and
(vii) the consumer information statement required as specified in subsection (r) of this section.
(B) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as required in subparagraphs (A) and (B) of this subsection shall be subject to detention as provided in Texas Health and Safety Code, Chapter 436.
(C) If a place is provided on the harvester's tag or label for a dealer's name, address, and certification number, the dealer's information shall be listed first.
(D) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under subparagraph (A)(i) of this paragraph, separate dealer tags or labels need not be provided.
(10) Shellstock, condition. When received by a food establishment, shellstock shall be reasonably free of mud, shall be alive, and have unbroken shells. Dead shellstock or shellstock with badly broken shells shall be discarded.
(d) Original containers and records.
(1) Molluscan shellfish, original container.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, molluscan shellfish may not be removed from the container in which they were received other than immediately before sale or preparation for service.
(B) Shellstock may be removed from the container in which they were received, displayed on drained ice, or held in a display container, maintained at or below 41 degrees Fahrenheit, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:
(i) the source of the shellstock on display is identified as specified under subsection (c)(9) of this section, the source information is displayed with the shellstock and recorded as specified under paragraph (2) of this subsection; and
(ii) the shellstock are protected from contamination.
(C) Shucked shellfish may be removed from the container in which they were received and held in a display container maintained at or below 41 degrees Fahrenheit from which individual servings are dispensed upon a consumer?s request if:
(i) the labeling information for the shellfish on display as specified under subsection (c)(8) of this section is retained and correlated to the date when, or dates during which, the shellfish are sold or served and the information is displayed with the shellfish; and
(i) the shellfish are protected from contamination.
(2) Shellstock, maintaining identification. The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for 90 calendar days from the date the container is emptied by:
(A) using a record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served; and
(B) if shellstock are removed from their tagged or labeled container, using only one tagged or labeled container at a time and ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container, unless all tag or label information is identical, before being ordered by the consumer. Shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty.
(3) Disclosure of tag or label information. Tag or label information shall be made available to any consumer upon request.
(e) Preventing contamination by employees.
(1) Preventing contamination from hands.
(A) Food employees shall wash their hands as specified under §229.163(e) of this title (relating to Management and Personnel).
(B) Except when washing fruits and vegetables as specified in subsection (f)(6) of this section, food employees shall avoid contact of exposed ready-to-eat food with their bare hands by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves; or shall wash hands as specified in §229.163(e)(3) of this title.
(C) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.
(2) Preventing contamination when tasting. A food employee may not use a utensil more than once to taste food that is to be sold or served.
(f) Preventing food and ingredient contamination.
(1) General. At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination.
(2) Packaged and unpackaged food - separation, packaging, and segregation.
(A) Food shall be protected from cross contamination by:
(i) separating raw animal foods during storage, preparation, holding, and display from:
(I) raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as vegetables; and
(II) cooked ready-to-eat food.
(ii) except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:
(I) using separate equipment for each type; or
(II) arranging each type of food in equipment so that cross contamination of one type with another is prevented; and
(III) preparing each type of food at different times or in separate areas.
(iii) cleaning equipment and utensils as specified under §229.165(n)(1) of this title (relating to Equipment, Utensils, and Linens) and sanitizing as specified under §229.165(r) of this title;
(iv) except as specified under subparagraph (B) of this paragraph, storing the food in packages, covered containers, or wrappings;
(v) cleaning hermetically sealed containers of food of visible soil before opening;
(vi) protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;
(vii) storing damaged, spoiled or recalled food being held in the food establishment as specified under §229.167(n) of this title (relating to Physical Facilities); and
(viii) separating fruits and vegetables, before they are washed as specified under paragraph (6) of this subsection from ready-to-eat food.
(B) Subparagraph (A)(iv) of this paragraph does not apply to:
(i) whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;
(ii) primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;
(iii) whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;
(iv) food being cooled as specified under subsection (n)(5)(B)(ii) of this section; or
(v) shellstock.
(3) Food storage containers, identified with common name of food. Working containers holding food or food ingredients that are removed from their original packages for use in the food establishment such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food except that containers holding food that can be readily and unmistakably recognized such as dry pasta need not be identified.
(4) Pasteurized eggs, substitute for shell eggs for certain recipes and populations. Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of:
(A) foods such as Caesar salad, hollandaise or bearnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not:
(i) cooked as specified under subsection (k)(1)(A)(i) or (ii) of this section; or
(ii) included under subsection (k)(1)(C) of this section; and
(B) eggs for a highly susceptible population if the eggs are broken, combined in a container, and not cooked immediately or if the eggs are held before service following cooking.
(5) Protection from unapproved additives.
(A) Food shall be protected from contamination that may result from the addition of, as specified in subsection (c)(2) of this section:
(i) unsafe or unapproved food or color additives; and
(ii) unsafe or unapproved levels of approved food and color additives.
(B) A food employee may not:
(i) apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or
(ii) serve or sell food specified in clause (i) of this subparagraph that is treated with sulfiting agents before receipt by the food establishment, except that grapes need not meet this subparagraph.
(6) Washing fruits and vegetables.
(A) Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form except that whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.
(B) Fruits and vegetables may be washed by using chemicals as specified under §229.168(f)(2) of this title (relating to Poisonous or Toxic Materials).
(g) Preventing contamination from ice used as a coolant.
(1) Ice used as exterior coolant, prohibited as contamination ingredient. After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as food.
(2) Storage or display of food in contact with water or ice.
(A) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.
(B) Except as specified in subparagraphs (C) and (D) of this paragraph, unpackaged food may not be stored in direct contact with undrained ice.
(C) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.
(D) Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.
(h) Preventing contamination from equipment, utensils, wiping cloths, and linens.
(1) Food contact with equipment and utensils. Food may not contact:
(A) probe-type price or identification tags, unless each tag is cleaned and sanitized prior to each use and used only in raw foods that will not be consumed as a ready-to-eat food; and
(B) surfaces of utensils and equipment that are not cleaned as specified under §229.165(m)-(o) of this title and sanitized as specified in §229.165(p)-(r) of this title.
(2) In-use utensils, between-use storage. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:
(A) except as specified under subparagraph (B) of this paragraph, in the food with their handles above the top of the food and the container;
(B) in food that is not potentially hazardous with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;
(C) on a clean portion of the food preparation table or cooking equipment and shall be cleaned and sanitized at a frequency specified under §229.165(n)(1) and (q) of this title;
(D) in running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;
(E) in a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous; or
(F) in water that maintains a temperature of at least 60 degrees Celsius (140 degrees Fahrenheit).
(3) Wiping cloths, used for one purpose.
(A) Cloths that are in use for wiping food spills shall be used for no other purpose.
(B) Cloths used for wiping food spills shall be:
(i) dry and used for wiping food spills from tableware and carry-out containers; or
(ii) moist and cleaned as specified under §229.165(t)(4) of this title, stored in a chemical sanitizer as specified under §229.168(f)(1) of this title, and used for wiping spills from food-contact and nonfood-contact surfaces of equipment.
(C) Dry or moist cloths that are used with raw animal foods shall be kept separate from cloths used for other purposes, and moist cloths used with raw animal foods shall be kept in a separate sanitizing solution.
(4) Linens and napkins, use limitation. Linens and napkins may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.
(5) Gloves, use limitation.
(A) If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.
(B) Except as specified in subparagraph (C) of this paragraph, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified in these rules, such as frozen food or a primal cut of meat.
(C) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.
(D) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required in these rules such as frozen food or a primal cut of meat.
(6) Using clean tableware for second portions and refills.
(A) Food employees may not use tableware, including single-service articles, soiled by the consumer to provide second portions or refills except glasses and cups, provided no contact is made between the glasses and cups and the container from which the refills are dispensed.
(B) Except as specified in subparagraph (C) of this paragraph, self-serviceconsumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment. A card, sign or other effective means of notification shall be displayed to notify consumers that clean tableware is to be used upon return to
self-service areas such as salad bars and buffets.
(C) Cups and glasses may be reused by self-service consumers if refilling is a contamination-free process as specified under §229.165(f)(3)(A),(B) and (D) of this title.
(7) Refilling returnables.
(A) A take-home food container returned to a food establishment may not be refilled at a food establishment with a potentially hazardous food.
(B) Except as specified in subparagraph (C) of this paragraph, a take-home food container refilled with food that is not potentially hazardous shall be cleaned as specified in §229.165(o)(7) of this title.
(C) Personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified in §229.165(f)(3)(A),(B), and (D) of this title.
(i) Preventing contamination from the premises.
(1) Food Storage.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, food shall be protected from contamination by storing the food:
(i) in a clean, dry location;
(ii) where it is not exposed to splash, dust, or other contamination; and
(iii) at least 15 centimeters (6 inches) above the floor.
(B) Food in packages and working containers may be stored less than 15 centimeters (6 inches) above the floor on case lot handling equipment as specified under §229.165(f)(22) of this title.
(C) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.
(2) Food storage, prohibited areas. Food may not be stored:
(A) in locker rooms;
(B) in toilet rooms;
(C) in dressing rooms;
(D) in garbage rooms;
(E) in mechanical rooms;
(F) under sewer lines that are not shielded to intercept potential drips;
(G) under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;
(H) under open stairwells; or
(I) under other sources of contamination.
(3) Vended potentially hazardous food, original container. Potentially hazardous food dispensed through a vending machine shall be in the package in which it was placed at the food establishment or food processing plant at which it was prepared, unless the food was manufactured within the machine.
(4) Food preparation. During preparation, unpackaged food shall be protected from environmental sources of contamination.
(j) Preventing contamination by consumers.
(1) Food display. Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means.
(2) Condiments, protection.
(A) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.
(B) Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at a location that is approved by the regulatory authority, such as the food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.
(3) Consumer self-service operations, sale from self-service containers.
(A) Unpackaged, raw animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. This paragraph does not apply to consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish, or to ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue.
(B) Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination.
(C) Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures.
(D) A person may sell unpackaged food that is displayed and sold in bulk from a self-service container if:
(i) the self-service container has a tight-fitting lid that is securely attached to the container; and
(ii) the container, lid, and any utensil are constructed of nontoxic materials that provide for easy cleaning and proper repair.
(E) The lid of a gravity feed type container shall be kept closed except when the container is being serviced or refilled.
(F) The lid of a scoop utensil type container shall be kept closed except during customer service. The container must have a utensil, equipped with a handle, to be used in dispensing the food.
(G) The seller shall:
(i) keep the container, lid, and any utensil sanitary to prevent spoilage and insect infestation; and
(ii) post in the immediate display area a conspicuous sign that instructs the customer on the proper procedure for dispensing the food.
(4) Returned food, reservice or sale.
(A) Except as specified under subparagraph (B) of this paragraph, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption.
(B) Except as specified in subsection (u) of this section, food that is not potentially hazardous, such as crackers and condiments, in an unopened original package and maintained in sound condition may be reserved or resold.
(5) Miscellaneous sources of contamination. Food shall be protected from contamination that may result from a factor or source not specified in subsections (e)-(j) of this section.
(k) Cooking.
(1) Raw animal foods.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, 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:
(i) 63 degrees Celsius (145 degrees Fahrenheit) or above for 15 seconds for:
(I) raw shell eggs that are broken and prepared in response to a consumer's order and for immediate service; and
(II) except as specified under subparagraph (A)(ii) and (iii) and subparagraph (B) of this paragraph, fish and meat including game animals and exotic animals commercially raised for food under a voluntary inspection program;
(ii) 68 degrees Celsius (155 degrees Fahrenheit) for 15 seconds or the temperature specified in the following table that corresponds to the holding time for pork, ratites, and injected meats; the following if they are comminuted: fish, meat, game animals and exotic animals commercially raised for food under a voluntary inspection program; and raw eggs that are not
prepared as specified under subparagraph (A)(i)(I) of this paragraph; or Figure 1: 25 TAC §229.164(k)(1)(A)(ii)
(iii) 74 degrees Celsius (165 degrees Fahrenheit) or above for 15 seconds for poultry except for ratites, wild game animals and exotic animals which are live caught and are under a routine inspection program, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites.
(B) Whole beef roasts and corned beef roasts shall be cooked:
(i) in an oven that is preheated to the temperature specified for the roast?s weight that is held at that temperature as specified in the following table: Figure 2: 25 TAC §229.164(k)(1)(B)(i) (ii) and all parts of the food shall be heated to a temperature and for the holding time that corresponds to that temperature in the following table: Figure 3: 25 TAC §229.164(k)(1)(B)(ii)
(C) Except for food establishments serving a highly susceptible population, subparagraphs (A) and (B) of this paragraph do not apply if, upon consumer order, the food is a raw animal food such as raw, marinated fish; steak tartare; or a partially cooked food such as lightly cooked fish, rare meat, and soft cooked eggs that is served or offered for sale in a ready-to-eat form.
Consumers should be informed by brochures, deli-case or menu advisories, label statements, table tents, placards, or other effective means, that, to ensure its safety, food should be cooked as specified in this paragraph.
(2) 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 degrees Celsius (165 degrees Fahrenheit) in all parts of the food; and
(D) allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.
(1) Plant food cooking for hot holding. Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 60 degrees Celsius (140 degrees Fahrenheit).
(l) Freezing.
(1) Parasite destruction. Except as specified in paragraph (2) of this subsection, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated- partially cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of:
(A) -20 degrees Celsius (-4 degrees Fahrenheit) or below for 168 hours (7 days) in a freezer; or
(B) -35 degrees Celsius (-31 degrees Fahrenheit) or below for 15 hours in a blast freezer.
(2) Tuna species. If the fish are 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), the fish may be served or sold in a raw, raw-marinated, or partially cooked ready-to-eat form without freezing as specified under paragraph (1) of this subsection.
(3) Records, creation and retention.
(A) Except as specified in paragraph (2) of this subsection and subparagraph (B) of this paragraph, if raw, raw-marinated and lightly cooked-marinated 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 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 paragraph (1) of this subsection may substitute for the records specified under subparagraph (A) of this paragraph.
(m) Reheating.
(1) Reheating for hot holding.
(A) Except as specified under subparagraphs (B), (C), and (E) of this paragraph, potentially hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 74 degrees Celsius (165 degrees Fahrenheit) for 15 seconds.
(B) Except as specified under subparagraph (C) of this paragraph, potentially hazardous 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 74 degrees Celsius (165 degrees Fahrenheit) and the food is rotated or stirred, covered, and allowed to stand covered for two 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 60 degrees Celsius (140 degrees Fahrenheit) for hot holding.
(D) Reheating for hot holding shall be done rapidly and the minimum temperature specified under subsection (n)(6)(B) or (C) of this section shall be reached within two hours.
(E) Remaining unsliced portions of roasts of beef that are cooked as specified in subsection (k)(1)(B) of this section may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified in subsection (k)(1)(B) of this section.
(2) 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.
(n) Time and temperature control.
(1) Frozen food. Stored frozen foods shall be maintained frozen.
(2) Potentially hazardous food, slacking. Frozen potentially hazardous food that is slacked to moderate the temperature shall be held:
(A) under refrigeration that maintains the food temperature at 5 degrees Celsius
(41 degrees Fahrenheit) or less, or at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified in paragraph (6)(C) of this subsection; or
(B) at any temperature if the food remains frozen.
(3) Thawing. Potentially hazardous food shall be thawed:
(A) under refrigeration that maintains the food temperature at 5 degrees Celsius
(41 degrees Fahrenheit), or less; or at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified in paragraph (6)(C) of this subsection;
(B) completely submerged under running water:
(i) at a water temperature of 21 degrees Celsius (70 degrees Fahrenheit) or below;
(ii) with sufficient water velocity to agitate and float off loose particles in an overflow; and
(iii) for a period of time that does not allow thawed portions of ready-to-eat food to rise above 5 degrees Celsius (41 degrees Fahrenheit), or 7 degrees Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C) of this subsection; or (iv) for a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified in subsection (k)(1)(A) or (B) of this section to be above 5 degrees Celsius (41 degrees Fahrenheit) or 7 degrees Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C) of this subsection for more than four hours including the time the food is exposed to the running water and the time needed for preparation for cooking or the time it takes under refrigeration to lower the food temperature to 5 degrees Celsius (41 degrees Fahrenheit) or to 7 degrees Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C) of this subsection;
(C) as part of a cooking process if the food that is frozen is:
(i) cooked as specified in subsection (k)(1)(A) or (B) or (k)(2) of this section; or
(ii) thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or
(D) using any procedure that thaws a portion of frozen ready-to-eat food that is prepared for immediate service in response to an individual consumer?s order.
(4) Cooling.
(A) Cooked potentially hazardous food shall be cooled:
(i) from 60 degrees Celsius (140 degrees Fahrenheit) to 21 degrees Celsius (70 degrees Fahrenheit) within two hours; and
(ii) from 21 degrees Celsius (70 degrees Fahrenheit) to 5 degrees Celsius (41 degrees Fahrenheit), or below, or to 7 degrees Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C) of this subsection within four hours.
(B) Potentially hazardous food shall be cooled to 5 degrees Celsius (41 degrees Fahrenheit) or below or to 7 degrees Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C) of this subsection within four hours if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.
(C) A potentially hazardous food received in compliance with laws allowing a temperature above 5 degrees Celsius (41 degrees Fahrenheit) during shipment from the supplier shall be cooled to 5 degrees Celsius (41 degrees Fahrenheit) or below within four hours or to 7 degrees Celsius (45 degrees Fahrenheit) as specified in paragraph (6)(C) of this subsection within four hours.
(5) Cooling methods.
(A) Cooling shall be accomplished in accordance with the time and temperature criteria specified under paragraph (4) of this subsection by using one or more of the following methods based on the type of food being cooled:
(i) placing the food in shallow pans;
(ii) separating the food into smaller or thinner portions;
(iii) using rapid cooling equipment;
(iv) stirring the food in a container placed in an ice water bath;
(v) using containers that facilitate heat transfer;
(vi) adding ice as an ingredient; or
(vii) other effective methods.
(B) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:
(i) arranged in the equipment to provide maximum heat transfer through the container walls; and
(ii) loosely covered, or uncovered if protected from overhead contamination as specified under subsection (i)(1)(A)(ii) of this section, during the cooling period to facilitate heat transfer from the surface of the food.
(6) Potentially hazardous food, hot and cold holding. Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under paragraph (10) of this subsection, potentially hazardous food shall be maintained:
(A) at 60 degrees Celsius (140 degrees Fahrenheit) or above, except that roasts cooked to a temperature and for a time specified in subsection (k)(1)(B) of this section may be held at a temperature of 54 degrees Celsius (130 degrees Fahrenheit); or
(B) at 5 degrees Celsius (41 degrees Fahrenheit) or below, except as specified under subparagraph (C) of this paragraph, paragraphs (7)-(9) of this subsection, and §229.165(f)(11) of this title; or
(C) at 7 degrees Celsius (45 degrees Fahrenheit) provided the mechanical refrigeration unit in which the food is held:
(i) is currently in place and in use in the food establishment; and
(ii) is upgraded or replaced with a refrigeration unit that can meet the requirements of subparagraph (B) of this paragraph within five years of adoption of these rules by the department except that in-use food preparation line equipment is exempt from this requirement for the life of the existing equipment provided that all potentially hazardous food stored in these refrigeration units is clearly marked at the time of preparation or opening to indicate the date, including the day of preparation, by which the food shall be consumed or disposed of within four calendar days or less.
(D) Shell eggs must be held at an ambient temperature of 45 degrees Fahrenheit or less. If the United States Department of Agriculture and the U.S. Food and Drug Administration determine by law that a lower temperature must be maintained, the lower temperature shall prevail.
(7) Prepared on premise ready-to-eat potentially hazardous food, date marking.
(A) Except as specified in paragraph (8)(C) of this subsection, refrigerated, ready-to-eat potentially hazardous food prepared and held refrigerated for more than 24 hours in a food establishment shall be clearly marked at the time of preparation to indicate the date, including the day of preparation, by which the food shall be consumed which shall be:
(i) seven calendar days or less from the day that the food is prepared, if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(ii) four calendar days or less from the day the food is prepared, if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this subsection.
(B) Except as specified in paragraph (8)(C) of this subsection, a ready-to-eat, potentially hazardous food prepared in a food establishment and subsequently frozen, shall be clearly marked:
(i) when the food is thawed, to indicate that the food shall be consumed within 24 hours; or
(ii) when the food is placed into the freezer, to indicate the length of time before freezing, including the day of preparation, that the food is held refrigerated:
(I) seven calendar days or less from the day of preparation, if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(II) four calendar days or less from the day of preparation, if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this subsection.
(iii) when the food is removed from the freezer, to indicate the date by which the food shall be consumed which is:
(I) seven calendar days or less after the food is removed from the freezer, minus the time before freezing, that the food is held refrigerated if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less before and after freezing; or
(II) four calendar days or less after the food is removed from the freezer, minus the time before freezing, that the food is held refrigerated if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this subsection before and after freezing.
(8) Commercially processed ready-to-eat potentially hazardous food, date marking.
(A) Except as specified in subparagraphs (C) and (D) of this paragraph, a container of refrigerated, ready-to-eat potentially hazardous food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food establishment, to indicate the date, including the day the original container is opened, by which the food shall be consumed which is:
(i) seven calendar days or less after the original container is opened, if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(ii) four calendar days or less from the day the original container is opened, if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this subsection.
(B) Except as specified in subparagraphs (C) and (D) of this paragraph, a container of refrigerated, ready-to-eat potentially hazardous food prepared and packaged by a food processing plant and subsequently opened and frozen in a food establishment shall be clearly marked:
(i) when the food is thawed, to indicate that the food shall be consumed
within 24 hours; or
(ii) to indicate the time between the opening of the original container and freezing that the food is held refrigerated and which is, including the day of opening the original container:
(I) seven calendar days or less, after opening the original container if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(II) four calendar days or less after opening the original container if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this subsection; and
(iii) when the food is removed from the freezer, to indicate the date by which the food shall be consumed which is:
(I) seven calendar days, minus the time before freezing, that the food is held refrigerated if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less before and after freezing; or
(II) four calendar days, minus the time before freezing, that the food is held refrigerated if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this subsection before and after freezing.
(C) Paragraphs (7)(A) and (B) and (8)(A) and (B) of this subsection do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer?s request.
(D) Paragraph (8)(A) and (B) of this subsection do not apply to whole, unsliced portions of a cured and processed product with original casing maintained on the remaining portion, such as bologna, salami, or other sausage in a cellulose casing.
(9) Ready-to-eat potentially hazardous food, disposition.
(A) A food specified in paragraph (7)(A) of this subsection shall be discarded if not consumed within:
(i) seven calendar days from the date of preparation if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(ii) four calendar days from the date of preparation if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this subsection.
(B) A food specified under paragraphs (7)(B)(i) or (8)(B)(i) of this subsection shall be discarded if not consumed within 24 hours after thawing.
(C) A food specified under paragraphs (7)(B)(ii) and (iii) or (8)(B)(ii) and (iii) of this subsection shall be discarded on or before the most recent date marked on the food container or package if the food is not consumed by that date.
(D) A food specified under paragraph (8)(A) of this subsection shall be discarded if not consumed within, including the day of opening the original container:
(i) seven calendar days after the date that the original package is opened in a food establishment if the food is maintained at 5 degrees Celsius (41 degrees Fahrenheit) or less; or
(ii) four calendar days after the date that the original package is opened in a food establishment if the food is maintained at 7 degrees Celsius (45 degrees Fahrenheit) or less as specified under paragraph (6)(C) of this subsection.
(E) A food specified under paragraphs (7)(A) or (B) and (8)(A) or (B) of this subsection shall be discarded if the food is:
(i) marked with the date specified under paragraphs (7)(A) or (B) or (8)(A) or (B) of this subsection and the food is not consumed before the most recent date expires;
(ii) in a container or package which does not bear a date or time; or
(iii) inappropriately marked with a date or time that exceeds the date or time specified under paragraphs (7)(A) or (B) or (8)(A) or (B) of this subsection.
(F) Refrigerated, ready-to-eat potentially hazardous food prepared in a food establishment and dispensed through a vending machine with an automatic shut-off control that is activated at a temperature of:
(i) 5 degrees Celsius (41 degrees Fahrenheit) shall be discarded if not sold within seven days; or
(ii) 7 degrees Celsius (45 degrees Fahrenheit) shall be discarded if not sold within four days.
(10) Time as a public health control. If time only, rather than time in conjunction with temperature, is used as the public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption:
(A) the food shall be marked, labeled, tagged, or otherwise unmistakably identified to indicate the time which is four hours past the point when the food was removed from temperature control;
(B) the food shall be cooked and served, served if a ready-to-eat food, or discarded within four hours of the time at which the food was removed from temperature control;
(C) the food in unmarked containers or packages or marked to exceed a four hour limit shall be discarded; and
(D) written procedures shall be maintained in the food establishment and made available to the regulatory authority upon request, to ensure compliance with:
(i) subparagraphs (A)-(C) of this paragraph; and
(ii) paragraph (4) of this subsection for food that is prepared, cooked, and refrigerated before time is used as a public health control.
(o) Specialized processing methods.
(1) Variance requirement for specialized processes. A food establishment shall obtain a variance as specified in §229.171(c)(1) and (2) of this title (relating to Compliance and Enforcement) before smoking or curing food; using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food nonpotentially hazardous; using a reduced oxygen method of packaging food except as specified in paragraph (2) of this subsection where a barrier to Clostridium botulinum in addition to refrigeration exists; or preparing food by another method that is determined by the regulatory authority to require a variance.
(2) Reduced oxygen packaging, criteria.
(A) A food establishment that packages food using a reduced oxygen packaging method shall have a HACCP Plan that contains the information specified under §229.171(d)(2)(D) of this title and that:
(i) identifies the food to be packaged;
(ii) limits the food packaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(I) has a water activity (aW) of 0.91 or less;
(II) has a hydrogen ion concentration (pH) of 4.6 or less;
(III) is a meat or poultry product cured at a food processing plant regulated by the U.S. Department of Agriculture or the department, and is received in an intact package; or
(IV) is a food with a high level of competing organisms such as raw meat or raw poultry;
(iii) specifies methods for maintaining food at 5 degrees Celsius (41 degrees Fahrenheit) or below;
(iv) describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:
(I) maintain the food at 5 degrees Celsius (41 degrees Fahrenheit) or below; and
(II) discard the food if within 14 calendar days of its packaging if it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;
(v) limits the shelf life to no more than 14 calendar days from packaging to consumption or the original manufacturer's "sell by" or "use by" date, whichever occurs first;
(vi) includes operational procedures that:
(I) require employees contacting foods with bare hands to wash hands properly or utilize proper utensils;
(II) identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination, and access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation;
(III) delineate cleaning and sanitization procedures for food-contact surfaces; and
(vii) describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:
(I) concepts required for a safe operation;
(II) equipment and facilities; and
(III) procedures specified in paragraph (2)(A)(vi) of this subsection and §229.171(d)(2)(D) of this title.
(B) Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced oxygen packaging method. Some foods, such as hard cheeses, may not require a HACCP plan.
(p) Food identity and accurate representation.
(1) Standards of identity. Packaged food shall comply with standard of identity requirements in 21 CFR 131-169 and 9 CFR 319 Definitions and Standards of Identity or Composition, 9 CFR 381.156-381.171, 381.173 and 381.174 Standards of Identity for Poultry and Poultry Products, and the general requirements in 21 CFR 130 Food Standards: General, and 9 CFR
319 Subpart A General.
(2) Honestly presented.
(A) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.
(B) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of food.
(q) Labeling.
(1) Food labels.
(A) Food packaged in a food establishment shall be labeled according to law, including 21 CFR 101 Food Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling and Containers. Label information shall include:
(i) the common name of the food, or absent a common name, an adequately descriptive identity statement;
(ii) if made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;
(iii) an accurate declaration of the quantity of contents;
(iv) the name and place of business of the manufacturer, packer, or distributor; and
(v) except as exempted in the Federal Food, Drug, and Cosmetic Act §403(Q)(3)-(5), nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR 317 Subpart B - Nutrition Labeling.
(B) Except as specified in paragraph (2)(C) of this subsection, food that is not packaged need not be labeled unless a health or nutrient content claim is made.
(2) Other forms of information.
(A) Consumer information, such as nutritional information, and consumer warnings if required by law, shall be provided.
(B) Food establishment or manufacturers' dating information on foods may not be concealed or altered.
(C) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:
(i) the manufacturer's or processor's label that was provided with the food; or
(ii) a card, sign, or other method of notification that includes:
(I) the common name of the food;
(II) a list of ingredients in order of predominance;
(III) a declaration of artificial color or flavor and chemical preservatives, if contained in the food; and
(IV) nutrition labeling if specified in 21 CFR 101 Food Labeling.
(D) Bulk, unpackaged foods which are apportioned to consumers with the assistance of food establishment personnel, including bakery products, need not be labeled if:
(i) a health, nutrient content claim, or other claim is not made;
(ii) the food is manufactured or prepared on the premises of the food establishment or a food processing plant that is owned by the same person and is licensed by the food regulatory agency that has primary jurisdiction; and
(iii) ingredients contained in the food, including potential allergens, are provided to the consumer on request from a recipe book or by other means.
(3) Menu claims.
(A) If a nutrient content claim or health claim is made, such claims shall conform to the definitions of such terms found in 21 Code of Federal Regulations Part 101.
(B) Claims must be capable of being substantiated. Substantiation may be based upon a recipe for the food, or a database developed and tested nationally and acceptable to the regulatory authority. Evidence of substantiation must be supplied to the regulatory authority upon request.
(C) Nutritional information must be made available to the consumer upon request for any food for which a nutrient content claim or health claim is made.
(r) Consumer advisory.
Food establishments which deliver shellfish to a consumer for raw consumption shall inform consumers by brochures, deli-case or menu advisories, label statements, table tents, placards, or other effective written means of the significantly increased risk associated with certain especially vulnerable consumers eating such shellfish in raw or undercooked form. The language in the advisory shall be as follows unless otherwise approved by the Retail Foods Division in the department in response to a written request from the food establishment: THERE IS A RISK ASSOCIATED WITH CONSUMING RAW OYSTERS OR ANY RAW ANIMAL PROTEIN. IF YOU HAVE CHRONIC ILLNESS OF THE LIVER, STOMACH, OR BLOOD, OR HAVE IMMUNE DISORDERS, YOU ARE AT GREATEST RISK OF ILLNESS FROM RAW OYSTERS AND SHOULD EAT OYSTERS FULLY COOKED. IF UNSURE OF YOUR RISK, CONSULT YOUR PHYSICIAN.
(s) Disposition, contaminated food.
(1) Unsafe, adulterated, or not honestly presented food. A food that is unsafe, adulterated, or not honestly presented as specified in subsection (a) of this section shall be reconditioned according to a procedure approved by the regulatory authority or discarded. It shall be the responsibility of the owner of the product to present a reconditioning plan to the regulatory
authority for review. If, after review of the plan, the regulatory authority determines that the reconditioned product will be safe, unadulterated, and not misrepresented, the regulatory authority shall approve the reconditioning plan.
(2) Food from unapproved source. Food that is not from an approved source as specified in subsection (b)(1)-(7) of this section is subject to detention by the regulatory authority or shall be discarded.
(3) Contaminated ready-to-eat food. Ready-to-eat food that may have become contaminated by an employee who has been restricted or excluded as specified in §229.163(d)(2) of this title shall be discarded.
(4) Food contaminated by personal contact. Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded.
(t) Donation of foods.
(1) Previous service. Foods which have been previously served to a consumer may not be donated.
(2) Potentially hazardous foods. A potentially hazardous food may be donated if:
(A) the food has been kept at or above 60 degrees Celsius (140 degrees Fahrenheit) during hot holding and service, and subsequently refrigerated to meet the time and temperature requirements under subsection (n)(4) and (5) of this section;
(B) the donor can substantiate that the food recipient has the facilities to meet the transportation, storage, and reheating requirements of these rules;
(C) the temperature of the food is at or below 5 degrees Celsius (41 degrees Fahrenheit) at the time of donation, and is protected from contamination; and
(D) if the food is to be transported by the recipient directly to a consumer, the recipient need meet only the transportation requirements, including holding temperatures, under these rules.
(3) Labeling. Donated foods shall be labeled with the name of the food, the source of the food, and the date of preparation.
(4) Shelf life. Donated potentially hazardous foods may not exceed the shelf life for leftover foods outlined in these rules.
(5) Damaged foods. Heavily rim or seam-dented canned foods, or packaged foods without the manufacturer?s complete labeling, shall not be donated.
(6) Distressed foods. Foods which are considered distressed, such as foods which have been subjected to fire, flooding, excessive heat, smoke, radiation, other environmental contamination, or prolonged storage shall not be directly donated for consumption by the consumer. Such foods may be sold or donated to a licensed food salvage establishment if permitted under the provisions of the Health and Safety Code, Chapter 432.
(u) Additional safeguards, requirements for food establishments serving highly susceptible populations.
(1) Apple juice beverages. Apple juice, apple cider, and other beverages containing apple juice served to a highly susceptible population shall be obtained pasteurized, or in a commercially sterile shelf-stable form in a hermetically sealed container.
(2) Pasteurized eggs, egg products. Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of:
(A) foods such as Caesar salad, hollandaise or bearnaise sauce, mayonnaise, egg nog, ice cream, and egg-fortified beverages; and
(B) eggs that are broken, combined in a container, and not cooked immediately or eggs that are held before service following cooking.
(3) Food in unopened original packages. Food in an unopened original package may not be re-served.
(4) Raw animal foods. Raw animal food such as raw or raw-marinated fish; raw molluscan shellfish; steak tartare; or a partially cooked food such as lightly cooked fish, rare meat, and soft-cooked eggs may not be served or offered for sale in a ready-to-eat form.