Statutes, codes, and regulations
Delaware Administrative Code
Title 16 - Health and SafetyDepartment of Health and Social ServicesDivision of Public HealthHealth Systems Protection (HSP)State of Delaware Food CodeChapter 3 - FoodPart 3-5 - LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH CONCERN
Subpart 3-501 - Temperature and Time Control
Section 3-501.19 - Time as a Public Health Control

16 Del. Admin. Code § 3-501.19

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Current through Register Vol. 27, No. 12, June 1, 2024
Section 3-501.19 - Time as a Public Health Control
(A) Except as specified under ¶ (D) of this section, if time without temperature control is used as the public health control for a working supply of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD before cooking, or for READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is displayed or held for sale or service:
(1) Written procedures shall be prepared in advance, maintained in the FOOD ESTABLISHMENT and made available to the REGULATORY AUTHORITY upon request that specify: Pf
(a) Methods of compliance with Subparagraphs (B)(1)-(3) or C)(1)-(5) of this section; Pf and
(b) Methods of compliance with § 3-501.14 for FOOD that is prepared, cooked, and refrigerated before time is used as a public health control. Pf
(B) If time without temperature control is used as the public health control up to a maximum of 4 hours:
(1) The FOOD shall have an initial temperature of 5°C (41 °F) or less when removed from cold holding temperature control, or 57°C (135°F) or greater when removed from hot holding temperature control; p
(2) The FOOD shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the FOOD is removed from temperature control; Pf
(3) The FOOD shall be cooked and served, served at any temperature if READY-TO-EAT, or discarded, within 4 hours from the point in time when the FOOD is removed from temperature control; p and
(4) The FOOD in unmarked containers or PACKAGES, or marked to exceed a 4-hour limit shall be discarded. p
(C) If time without temperature control is used as the public health control up to a maximum of 6 hours:
(1) The FOOD shall have an initial temperature of 5°C (41 °F) or less when removed from temperature control and the FOOD temperature may not exceed 21 °C (70°F) within a maximum time period of 6 hours; p
(2) The FOOD shall be monitored to ensure the warmest portion of the FOOD does not exceed 21 °C (70°F) during the 6-hour period, unless an ambient air temperature is maintained that ensures the FOOD does not exceed 21 °C (70°F) during the 6-hour holding period; Pf
(3) The FOOD shall be marked or otherwise identified to indicate: Pf
(a) The time when the FOOD is removed from 5°C (41 °F) or less cold holding temperature control, Pf and
(b) The time that is 6 hours past the point in time when the FOOD is removed from cold holding temperature control; Pf
(4) The FOOD shall be:
(a) Discarded if the temperature of the FOOD exceeds 21 °C (70°F), p or
(b) Cooked and served, served at any temperature if READY-TO-EAT, or discarded within a maximum of 6 hours from the point in time when the FOOD is removed from 5°C (41 °F) or less cold holding temperature control; p and
(5) The FOOD in unmarked containers or PACKAGES, or marked with a time that exceeds the 6-hour limit shall be discarded. p
(D) A FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION may not use time as specified under ¶¶ (A), (B) or (C) of this section as the public health control for raw EGGS.

16 Del. Admin. Code § 3-501.19

17 DE Reg. 1084( 5/1/2014) (Final)