Ga. Comp. R. & Regs. 511-6-1-.04

Current through Rules and Regulations filed through April 26, 2024

Rule 511-6-1-.04 - Food

(1) Condition. Food shall be safe, unadulterated, and honestly presented.^P

(2) Source.

(a) Compliance with Food Law.

1. Food shall be obtained from sources that comply with law.^P

2. Food prepared in a private home or received from a consumer may not be used or offered for human consumption in a food service establishment.^P

3. 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 subsections (3)(g) and (3)(h) of this Rule.^Pf

4. Fish, other than molluscan shellfish, that are intended for consumption in their raw or undercooked form may be offered for sale or service in a food service establishment not serving a highly susceptible population if they are obtained from a supplier that freezes the fish to destroy parasites or frozen on the premises and records are retained.

5. Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory shall be:

(i) Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of whole-muscle, intact beef,^Pf or

(ii) Deemed acceptable by the Health Authority based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef,^Pf and

(iii) If individually cut in a food service establishment:

(I) Cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph 5(i) of this subsection or identified as specified in paragraph 5(ii) of this subsection,^Pf

(II) Prepared so they remain intact,^Pf and

(III) If packaged for undercooking in a food service establishment, labeled as specified in paragraph 5(i) of this subsection or identified as specified in paragraph 5(ii) of this subsection.^Pf

6. Meat and poultry that is not a ready-to-eat food, and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b).

7. Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h).

(b) Food Received in a Hermetically Sealed Container. Food received 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.^P

(c) 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.^P

(d) Fish. Fish that are received for sale or service shall be commercially and legally caught or harvested; or approved for sale or service.^P

(e) Molluscan Shellfish.

1. Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.^P

2. Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.^P

3. Molluscan shellfish that are recreationally caught may not be received for sale or service.^P

(f) Wild Mushrooms.

1. Except as specified in paragraph 2 of this subsection, mushroom species picked in the wild shall not be offered for sale or service by a food establishment unless the food service establishment has been approved to do so.^P

2. This subsection does not apply to:

(i) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or

(ii) Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

(g) Game Animals.

1. Game animals are received for sale or service shall be:

(i) Commercially raised for food^P and:

(I) Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction,^P or

(II) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction,^P and

(III) Raised, slaughtered, and processed according to:

I. Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program,^P and

II. Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee;^P

(ii) Under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 CFR 352 Exotic animals; voluntary inspection or rabbits that are "inspected and certified" in accordance with 9 CFR 354 voluntary inspection of rabbits and edible products thereof;^P

(iii) As allowed by law, for wild game animals that are live-caught:

(I) Under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction,^P and

(II) Slaughtered and processed according to:

(A) Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program,^P and

I. Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee;^P or

II. As allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals:

(I) Receive a postmortem examination by an approved veterinarian or veterinarian's designee,^P or

(II) Are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program,^P and

(III) Are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program.^P

2. A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17 Endangered and threatened wildlife and plants.

(3) Specifications for Receiving.

(a) Temperature.

1. Except as specified in paragraph 2 of this subsection, refrigerated, time/temperature control for safety food shall be at a temperature of 41°F (5°C) or below when received.^P

2. If a temperature other than 41°F (5°C) for a time/temperature control for safety food is specified in law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.

3. Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.^P

4. Time/temperature control for safety food that is cooked and received hot shall be at a temperature of 135°F (57°C) or above.^P

5. A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen.^Pf

6. Upon receipt, time/temperature control for safety food shall be inspected to ensure that there is no evidence of previous temperature abuse.^Pf

(b) Additives. Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170 -180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181 -186, substances that exceed amounts specified in 9 CFR Subpart C Section 424.21(b) Food ingredients and sources of radiation, or pesticide residues that exceed provisions specified in 40 CFR 180 Tolerances for pesticides chemicals in food, and exceptions.^P

(c) Eggs. Eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA.^P

(d) Eggs and Milk Products, Pasteurized.

1. Egg products shall be obtained pasteurized.^P

2. Fluid and dry milk and milk products shall:

(i) Be obtained pasteurized;^P and

(ii) Comply with Grade A standards as specified in law.^P

3. Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 CFR 135 - Frozen desserts.^P

4. Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in 21 CFR 133 - Cheeses and related cheese products, for curing certain cheese varieties.^P

(e) 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.^Pf

(f) Ice. Ice for use as a food or a cooling medium shall be made from drinking water.^P

(g) Shucked Shellfish, Packaging and Identification.

1. Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the:^Pf

(i) Name, address, and certification number of the shucker, packer, or repacker of the molluscan shellfish;^Pf and

(ii) The "sell by" or "best if used by" date for packages with a capacity of less than one-half gallon (1.89 L) or the date shucked for packages with a capacity of one-half gallon (1.89 L) or more.^Pf

2. A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified under paragraph 1 of this subsection shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d) Molluscan shellfish.

(h) Shellstock Identification.

1. Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list:^Pf

(i) Except as specified under paragraph 3 of this subsection, on the harvester's tag or label, the following information in the following order:^Pf

(I) The harvester's identification number that is assigned by the shellfish control authority,^Pf

(II) The date of harvesting,^Pf

(III) 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,^Pf

(IV) The type and quantity of shellfish,^Pf and

(V) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty or retagged and thereafter kept on file for 90 days;"^Pf and

(ii) Except as specified in paragraph 4 of this subsection, on each dealer's tag or label, the following information in the following order:^Pf

(I) The dealer's name and address, and the certification number assigned by the shellfish control authority,^Pf

(II) The original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested,^Pf

(III) The same information as specified for a harvester's tag under paragraphs 1(i)(II) through (IV) of this subsection,^Pf and

(IV) 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.^Pf

2. 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 specified under paragraph 1 of this subsection shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d).

3. 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.

4. If the harvester's tag or label is designed to accommodate each dealer's identification as specified under paragraphs 1(ii)(I) and (II) of this subsection, individual dealer tags or labels need not be provided.

(i) Shellstock, Condition. When received by a food service establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.

(j) Juice Treated. Pre-packaged juice shall:

1. Be obtained from a processor with a HACCP system as specified in 21CFR Part 120 Hazard Analysis and Critical Control (HACCP) Systems;^Pf and

2. Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR Part 120.24 Process Controls.^P

(k) Molluscan Shellfish, Original Container.

1. Except as specified in paragraphs 2 through 4 of this subsection, Molluscan shellfish may not be removed from the container in which they are received until immediately before sale or preparation for service.

2. For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, 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 and recorded; and

(ii) The shellstock are protected from contamination.

3. Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:

(i) The labeling information for the shellfish on display is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

(ii) The shellfish are protected from contamination.

4. Shucked shellfish may be removed from the container in which they were received and repacked in consumer self service containers where allowed by law if:

(i) The labeling information for the shellfish is on each consumer self service container;

(ii) The labeling information is retained and correlated with the date when, or dates during which, the shellfish are sold or served;

(iii) The labeling information and dates specified under paragraph 4(ii) of this subsection are maintained for 90 days; and

(iv) The shellfish are protected from contamination.

(l) Shellstock, Maintaining Identification.

1. Except as specified under paragraphs 3 (ii) of this subsection, shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty.^Pf

2. The date when the last shellstock from the container is sold or served shall be recorded on the tag or label.^Pf

3. 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 that is recorded on the tag or label, as specified under paragraph 2 of this subsection, by:^Pf

(i) Using an approved 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

(ii) If shellstock are removed from their tagged or labeled container:

(I) Preserving source identification by 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,^Pf and

(II) Ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container with different certification numbers; different harvest dates; or different growing areas as identified on the tag or label before being ordered by the consumer.^PF

(m) After Business Hours of Operations - Key Drop Deliveries. The Health Authority may allow a food service establishment to receive deliveries after the business hours of the operation, if the following criterion is found to be in compliance by the Health Authority:

1. The permit holder or person in charge of the food service establishment notifies the local Health Authority that key drop deliveries will be received after its business operating hours;^Pf

2. For purposes of enforcing this Chapter, an entity performing work under contract for the establishment shall be considered to be an employee of the establishment as defined in DPH Rule 511-6-1-.01(45);^Pf

3. The business entity providing key drop deliveries to the establishment shall certify in writing to the establishment that the products delivered will be under its control throughout the delivery process to the establishment, and that all products will be delivered to the establishment during the key drop delivery hours pursuant to the secured access arrangement set by the food service establishment complies with paragraphs 4, 5 and 6 of this subsection;^Pf and

4. The entity providing the key drop deliveries shall ensure that all products are stored within the food service establishment and not left on loading docks or in an area accessible by the public. Food products shall be stored in compliance with applicable provisions of DPH Rule 511-6-1-.04 and as follows:^P

(i) Food products requiring temperature control for safety shall be immediately stored within approved temperature control storage equipment verified by the food service establishment management that is capable of maintaining food product temperatures of:^P

(I) 41ºF (5ºC) or less, if held cold;^P or

(II) 135ºF (57ºC) or higher if held hot;^P or

(III) frozen if delivered frozen;^P and

(ii) All food shall be placed within appropriate storage facilities of the establishment to maintain food safety and security so as to protect against contamination and adulteration;^Pf

5. The food service establishment shall maintain records of the written agreement as specified in subsection (3)(m)3 of this Rule as well as records that show the delivery condition and temperature of the products upon receipt of delivery. Records shall be made available upon request by the Health Authority;^Pf and

6. Receipt of delivery by the food service establishment must be immediately verified by its employees.^Pf

(4) Protection From Contamination After Receiving.

(a) Preventing Contamination from Hands.

1. Food employees shall wash their hands as specified under DPH Rule 511-6-1-.03(5).

2. Except when washing fruits and vegetables or as specified under subsection (a)4, food employees shall not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.^P

3. Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.^Pf

4. Paragraph (a)2. of this subsection does not apply to a food employee that contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that:

(i) contains a raw animal food and is to be cooked in the food service establishment to heat all parts of the food to at least the minimum time/temperatures specified in DPH Rule 511-6-1-.04(5)(a)1 and 2 and DPH Rule 511-6-1-.04(5)(b);^P or

(ii) does not contain a raw animal food but is to be cooked in the food service establishment to heat all parts of the food to a time/temperature of at least 145°F (63°C);^P and

(iii) the ready-to-eat food must be identified for cooking use only and kept separate from other ready-to-eat food that will not be cooked as specified in paragraphs 4. (i) and (ii) of this subsection.^Pf

(b) 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.^P

(c) Packaged and Unpackaged Food - Separation, Packaging, and Segregation.

1. Food shall be protected from cross contamination by:

(i) Except as specified in paragraph (i)(III) of this subsection, 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 fruits and vegetables,^P and

(II) Cooked ready-to-eat food;^P and

(III) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, 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,^P or

(II) Arranging each type of food in equipment so that cross contamination of one type with another is prevented,^P and

(III) Preparing each type of food at different times or in separate areas;^P

(iii) Cleaning and sanitizing equipment and utensils;

(iv) Except as specified under paragraph 2. of this subsection and when cooling as specified in DPH Rule 511-6-1-.04(6)(e)2.(ii), storing the food in packages, covered containers, or wrappings, except for loosely covered or uncovered containers in which food is being cooled if protected from overhead contamination;

(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 service establishment separate from food, equipment, utensils, linens and single-service and single-use articles; or

(viii) Separating fruits and vegetables, before they are washed from ready-to-eat food.

2. The requirement in paragraph 1(iv) of this subsection 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 in cooling or cold holding equipment loosely covered, or uncovered if protected from overhead contamination; or

(v) Shellstock.

(d) Food Storage Containers, Identified with Common Name of Food. Except for containers holding food that can be readily and unmistakably recognized, such as dry pasta, 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 clearly and legibly identified, in English, with the common name of the food.

(e) Pasteurized Eggs, Substitute for Raw Eggs for Certain Recipes. Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages if raw eggs are not cooked to the required temperatures specified under subsection (5)(a)1(i) or (ii) of this Rule or served with a consumer advisory in a food establishment that serves a population that is not a highly susceptible population.

(f) Protection from Unapproved Additives.

1. As specified in subsection (3)(b) of this Rule, food shall be protected from contamination that may result from the addition of:

(i) Unsafe or unapproved food or color additives;^P and

(ii) Unsafe or unapproved levels of approved food and color additives.^P

2. 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;^P or

(ii) Except for grapes, serve or sell food specified under paragraph 2(i) of this subsection that is treated with sulfiting agents before receipt by the food service establishment.^P

(g) Washing Fruits and Vegetables.

1. Except as specified in paragraphs (g)2 and 3 of this subsection and except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and vegetables shall be thoroughly washed in water, in a sink designated for that purpose only, 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.

2. Fruits and vegetables may be washed by using chemicals as specified under DPH Rule 511-6-1-.07(6)(h).

3. Ready-to-eat food such as potatoes, soups, chili, sauces, etc., may be thawed, rehydrated, or cooled after cooking in the sink if the sink is cleaned and sanitized before ready-to-eat food is placed in the sink and again before washing whole, raw fruits and vegetables. This does not apply to ready-to-eat food that is served as raw or undercooked animal foods.

4. Devices used for on-site generation of chemicals meeting the requirements specified in 21 CFR 173.315, Chemicals used in the washing or to assist in the peeling of fruits and vegetables, for the washing of raw, whole fruits and vegetables shall be used in accordance with the manufacturer's instructions.^Pf

(h) Ice Used as Exterior Coolant, Prohibited as Ingredient. Ice may not be used as food after it has been used 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.^P

(i) Storage or Display of Food in Contact with Water or Ice.

1. 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 positioning in the ice or water.

2. Except as specified in paragraphs 3 and 4 of this subsection, unpackaged food may not be stored in direct contact with undrained ice.

3. 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.

4. Raw poultry 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.

(j) Food Contact with Equipment and Utensils. Food shall only contact surfaces of:

1. Equipment and utensils that are cleaned and sanitized as specified under DPH Rule 511-6-1-.05(7) and (8);^P or

2. Single-service and single-use articles;^P or

3. Linens, such as cloth napkins, that have been laundered as specified under DPH Rule 511-6-1-.05(9).

(k) Storage of In-Use Utensils. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

1. Except as specified under paragraph 2 of this subsection, in the food with their handles above the top of the food and the container;

2. In food that is not time/temperature control for safety food 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;

3. On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under DPH Rule 511-6-1-.05(7)(b) and (8)(a);

4. In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

5. In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not time/temperature control for safety food; or

6. In a container of water if the water is maintained at a temperature of at least 135°F (57°C) and the container is cleaned at a frequency specified under DPH Rule 511-6-1-.05(7)(b)3(vi).

(l) Linens and Napkins, Use Limitation. Linens, such as cloth 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.

(m) Wiping Cloths, Use Limitation.

1. Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

(i) Maintained dry; and

(ii) Used for no other purpose.

2. Cloths in-use for wiping counters and other equipment surfaces shall be:

(i) Held between uses in a chemical sanitizer solution at a concentration specified under DPH Rule 511-6-1-.05(6)(n); and

(ii) Laundered daily.

3. Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.

4. Dry wiping cloths and the chemical sanitizing solutions in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

5. Containers of chemical sanitizing solutions in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles.

6. Single-use disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer's label use instructions.

(n) Gloves, Use Limitation.

1. 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.^P

2. Except as specified in paragraph 3 of this subsection, 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 under subsection (5) such as frozen food or a primal cut of meat.

3. 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.

4. Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked, such as frozen food or a primal cut of meat.

(o) Using Clean Tableware for Second Portions and Refills.

1. Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, or single-service articles, soiled by the consumer, to provide second portions or refills.

2. Except as specified in paragraph 3 of this subsection, self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.

3. Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process.

(p) Refilling Returnables.

1. Except as specified in paragraphs 2. and 5. of this subsection, empty containers returned to a food service establishment for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant.

2. A take-home food container returned to a food service establishment may be refilled at a food service establishment with food if the food container is:

(i) Designed and constructed for reuse and in accordance with the requirements as specified in DPH Rule 511-6-1-.05(1) and (2);^P

(ii) One that was initially provided by the food service establishment to the consumer, either empty or filled with food by the food service establishment, for the purpose of being returned, for reuse;

(iii) Returned to the food service establishment by the consumer after use;

(iv) Visually inspected by a food employee to verify that the container, as returned meets the requirements in DPH Rule 511-6-1-.05(1) and (2), and is cleaned and sanitized before being refilled with food^P; and

3. A take-home food container returned to a food service establishment may be refilled at a food service establishment with beverage if:

(i) The beverage is not a Time/Temperature Control for Safety Food;

(ii) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food service establishment;

(iii) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system or by the food service establishment if the consumer is notified by signage;

(iv) The consumer-owned container returned to the food service establishment for refilling is refilled for sale or service only to the same consumer; and

(v) The container is refilled by:

(I) An employee of the establishment, or

(II) The owner of the container if the beverage system includes a contamination-free transfer process as specified under DPH Rule 511-6-1-.05(2)(p)1., 2., and 4. that cannot be bypassed by the container owner.

4. Consumer-owned, 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 under DPH Rule 511-6-16-1-.05(2)(p)1., 2., and 4.

5. Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.

(q) Food Storage.

1. Except as specified in paragraphs 2 and 3 of this subsection, 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 6 inches (15 cm) above the floor.

2. Food in packages and working containers may be stored less than 6 inches (15 cm) above the floor on case lot handling equipment if the equipment can be moved by hand or by conveniently available apparatuses such as hand trucks and forklifts.

3. 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.

(r) Food Storage, Prohibited Areas. Food may not be stored in the following areas:

1. Locker rooms;

2. Toilet rooms;

3. Dressing rooms;

4. Garbage rooms;

5. Mechanical rooms;

6. Under sewer lines that are not shielded to intercept potential drips;

7. Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

8. Under open stairwells; or

9. Under other sources of contamination.

(s) Vended Time/Temperature Control for Safety Food, Original Container. Time/temperature control for safety food dispensed through a vending machine shall be in the package in which it was placed at the food service establishment or food processing plant at which it was prepared.

(t) Food Preparation. During preparation, unpackaged food shall be protected from environmental sources of contamination.

(u) Food Display.

1. 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.^P

2. Protective devices for counters, serving lines, salad bars and other similar food displays in food service establishments shall be designed and constructed so as to intercept contaminants which may be expelled from the customer's mouth or nose.

3. All food, whether on display, being prepared for service or placed for consumer self-service must be protected from contamination from consumers standing or sitting within eight feet of the food, except that table side finishing as approved by the Health Authority and hibachi grills will be allowed when food preparation is for immediate service.

(v) Condiments, Protection.

1. 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.

2. Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at an approved location, such as the food service 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.

(w) Consumer Self-Service Operations.

1. Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. This paragraph does not apply to:

(i) Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;

(ii) 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; or

(iii) Raw, frozen, shell-on shrimp, or lobster.

2. 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.^Pf

3. Clean tableware shall be provided to consumers returning to the self-service area for additional food. A public notice informing consumers to use clean tableware shall be posted in a conspicuous place in the self-service area. Beverage cups and glasses, and flatware including forks, knives and spoons are exempt from this requirement.^Pf

4. When refilling containers of Time/Temperature Control for safety (TCS) foods on a self-service display, the new food product shall not be mixed with the old food product unless:

(i) The displayed product is holding at 41°F or below or 135°F or above;^Pf and

(ii) The self-service operation is being monitored by employees trained in safe operating procedures;^Pf and

(iii) The date and time of the earliest food prepared shall either be marked on the container, or documented by an alternate method acceptable to the Health Authority.^Pf

5. All unwrapped foods on a self-service buffet or salad bar shall be disposed of at the end of the business day or after a maximum of 24 hours. Written procedures for tracking the total accumulative time that unwrapped food is displayed shall be prepared in advance, maintained within the food service establishment, and made available to the Health Authority upon request. Those written procedures shall specify:^Pf

(i) How displayed foods will be identified;^Pf

(ii) How food shall be monitored in regards to tracking time during display for each food item;^Pf and

(iii) Corrective action to be taken should a total accumulative display time as specified in subsection (4)(w)5 above is exceeded.^Pf

6. Family-style of self-service may be allowed in facilities that do not serve a highly susceptible population as long as the following provisions are met:^Pf

(i) The permit holder shall fully disclose how the family-style of service will be provided to consumers prior to their being seated for service. Disclosure shall be in the form of a prominently displayed sign containing descriptive language of a letter height of at least 1 inch so as to be easily readable by consumers at the location where consumers wait to be seated and then again, verbally by the host, hostess or server prior to consumers being seated;^Pf

(ii) A group of consumers will be seated at a table for one sitting;^Pf

(iii) Each container of food shall have its own serving utensils as required within paragraph 2 of this subsection;^Pf

(iv) All food will be placed in bulk on a table, and served to only one sitting of people;^Pf

(v) Any food served to a consumer shall not later be offered as food for human consumption to other consumers.^Pf

(x) Returned Food and Re-Service of Food.

1. Except as specified in paragraph 2 of this subsection, 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.^P

2. Except for food served to patients or clients who are under contact precautions or protective environment isolation in a facility serving a highly susceptible population, a container of food that is not time/temperature control for safety food may be re-served from one consumer to another if:

(i) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(ii) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

(y) Outdoor Cooking and Service of Food.

1. For special events, foods requiring only cooking may be prepared, if served immediately, in an outside area on the premises of a permitted food service establishment. Prior approval must be obtained from the Health Authority.^P

2. The presentation of food orders and limited table side finishing, such as tossing salad and flaming desserts, is permissible from a permitted food service establishment in an adjoining outdoor seating area. Outdoor salad bars or unenclosed dessert carts are prohibited.^P

3. Outdoor barbeque pits or barbeque cookers may be allowed on the premises of a food service establishment with the approval of the Health Authority if the following requirements are met:^Pf

(i) The cooking equipment is used only for cooking bulk volume of meats and poultry such as hams, chicken or beef and not as a grill for cooking individual orders;^P

(ii) Within the food service establishment, all meats and poultry will be placed within clean and sanitized containers and then covered prior to being carried to the cooking equipment;^P

(iii) All of the meat and poultry will be placed at one time onto cooking surfaces of cooking equipment that has been preheated and then cooked as required in subsection (5) of this Rule. Once meats have completed the cooking process, they will be placed in a clean and sanitized food grade container, using separate utensils from handling raw meats and poultry and then covered and transported into the food service establishment for further processing and service. No food preparation other than seasoning will be allowed at outdoor barbeque pits or barbeque cookers;^P

(iv) Utensils and food shall not be left outside of the cooking equipment or outside of the food service establishment;^P

(vi) Outdoor barbeque pits or barbeque cookers shall be protected with permanent overhead protection and placed on an easily cleanable surface such as smooth finished concrete;^Pf

(vii) Outdoor barbeque pits or barbeque cookers shall be equipped with closable lids and kept closed except for cleaning and working with food such as turning and seasoning;^Pf

(viii) The outside cooking area shall be designed and constructed so as to control the presence of vermin;^Pf and

(ix) The outside cooking area shall be designed and constructed so as to facilitate the ease of routine cleaning and to promote good sanitation.^Pf

(z) Miscellaneous Sources of Contamination. Food shall be protected from contamination that may result from a factor or source not specified under paragraphs (a) through (y) of this subsection.

(5) Pathogen Destruction.

(a) Raw Animal Foods.

1. Except as specified under paragraphs 2, 3 and 4 of this subsection, 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) 145°F (63°C) or above for 15 seconds for:^P

(I) Raw eggs that are broken and prepared in response to a consumer's order and for immediate service,^P and

(II) Except as specified under paragraphs 1(ii) and (iii), 2, and 3 of this subsection, fish and meat including game animals commercially raised for food or under a voluntary inspection program;^P

(ii) 155°F (68°C) for 15 seconds or the temperature specified in the following chart that corresponds to the holding time for ratites, mechanically tenderized, and injected meats; the following if they are comminuted: fish, meat, game animals raised for food, and commercially game animals or under a voluntary inspection program; and raw eggs that are not prepared to a consumer's order and for immediate service;^P or

Minimum
Temperature °F (°C)	Time
145 (63)	3 minutes
150 (66)	1 minute
158 (70)	<1 second (instantaneous)

(iii) 165°F (74°C) or above for 15 seconds for poultry, baluts, wild game animals, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites.^P

2. Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked:

(i) In an oven that is preheated to the temperature specified for the roast's weight in the following chart and that is held at that temperature:^Pf

Oven Type	Oven Temperature Based on Roast Weight
	Less than 10 lbs (4.5 kg)	10 lbs (4.5 kg) or More
Still Dry	350°F (177°C) or more	250°F (121°C) or more
Convection	325°F (163°C) or more	250°F (121°C) or more
High Humidity1	250°F (121°C) or less	250°F (121°C) or less
1Relative humidity greater than 90% for at least 1 hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity.

and

(ii) As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:^P

Temperature °F (°C)	Time1 in Minutes	Temperature °F (°C)	Time1 in Seconds
130 (54.4)	112	147 (63.9)	134
131 (55.0)	89	149 (65.0)	85
133 (56.1)	56	151 (66.1)	54
135 (57.2)	36	153 (67.2)	34
136 (57.8)	28	155 (68.3)	22
138 (58.9)	18	157 (69.4)	14
140 (60.0)	12	158 (70.0)	0
142 (61.1)	8
144 (62.2)	5
145 (62.8)	4
1Holding time may include postoven heat rise.

3. A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:

(i) The food service establishment serves a population that is not a highly susceptible population, and

(ii) The steak is labeled by the producer or supplier to indicate that it meets the definition of "whole-muscle, intact beef", and

(iii) The steak is cooked on both the top and bottom to a surface temperature of 145°F (63°C) or above and a cooked color change is achieved on all external surfaces.

4. A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in paragraph 3 of this subsection, may be served or offered for sale upon consumer request or selection in a ready-to-eat form if:

(i) The food service establishment serves a population that is not a highly susceptible population; and

(ii) The food, if served or offered for service by consumer selection from a children's menu, does not contain comminuted meat,^Pf and

(iii) The consumer is informed that to ensure its safety, the food should be cooked as specified under paragraphs 1 or 2 of this subsection; or

(iv) The Health Authority grants a variance from paragraphs 1 or 2 of this subsection as specified in DPH Rule 511-6-1-.10(5)(a) based on a HACCP plan that:

(I) Is submitted by the permit holder and granted as specified under DPH Rule 511-6-1-.10(5)(b), and

(II) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food, and

(III) Verifies that equipment and procedures for food preparation and training of food employees at. the food service establishment meet the conditions of the variance.

(b) Microwave Cooking. Raw animal foods cooked in a microwave oven shall be:

1. Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

2. Covered to retain surface moisture;

3. Heated to a temperature of at least 165°F (74°C) in all parts of the food;^P and

4. Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

(c) Plant Food Cooking for Hot Holding. Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 135°F (57°C).^Pf

(d) Non-Continuous Cooking of Raw Animal Foods. Raw animal foods that are cooked using a non-continuous cooking process shall be:

1. Subject to an initial heating process that is no longer than sixty minutes in duration;^P

2. Immediately after initial heating, cooled according to the time and temperature parameters as specified in subsection (6)(d) of this Rule for cooked time/temperature control for safety food;^P

3. After cooling, held frozen or cold, as specified for time/temperature control for safety food as specified in subsection (6)(f) of this Rule;^P

4. Prior to sale or service, cooked using a process that heats all parts of the food to a temperature for a time as specified under subsection (5)(a)1-3 of this Rule;^P

5. Cooled according to the time and temperature parameters specified for cooked time/temperature control for safety food as specified in 2 of this subsection if not either hot held as specified in subsection (6)(f) of this Rule, served immediately, or held using time as a public health control as specified in subsection (6)(i) of this Rule after complete cooking;^P and

6. Prepared and stored according to written procedures that:

(i) Have obtained prior approval from the Health Authority;^Pf

(ii) Are maintained in the food service establishment and are available to the Health Authority upon request;^Pf

(iii) Describe how the requirements specified in paragraphs 1 through 5 of this subsection are to be monitored and documented by the permit holder and the corrective actions to be taken if the requirements are not met;^Pf

(iv) Describe how the foods, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified in paragraph 4 of this subsection prior to being offered for sale or service;^Pf and

(v) Describe how the foods, after initial heating but prior to cooking as specified in paragraph 4 of this subsection, are to be separated from ready-to-eat foods as specified in subsection (4)(c)1 of this Rule.^Pf

(e) Parasite Destruction.

1. Before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish shall be:

(i) Frozen and stored at a temperature of -4°F (-20°C) or below for a minimum of 7 days (168 hours) in a freezer;^P

(ii) Frozen at -31°F (-35°C) or below until solid and stored at -31°F (-35°C) or below for a minimum of 15 hours;^P or

(iii) Frozen at -31°F (-35°C) or below until solid and stored at -4°F (-20°C) or below for a minimum of 24 hours.^P

2. The requirement in paragraph 1 of this subsection does not apply to:

(i) Molluscan shellfish;

(ii) A scallop product consisting only of the shucked adductor muscle;

(iii) Tuna of the species Thunnusalalunga, Thunnusalbacares (Yellowfin tuna), Thunnusatlanticus, Thunnusmaccoyii (Bluefin tuna, Southern), Thunnusobesus (Bigeye tuna), or Thunnusthynnus (Bluefin tuna, Northern); or

(iv) Aquacultured fish, such as salmon, that:

(I) If raised in open water, are raised in net-pens, or

(II) Are raised in land-based operations such as ponds or tanks, and

(III) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish.

(v) Fish eggs that have been removed from the skein and rinsed.

(f) Records, Creation and Retention.

1. Except as specified in subsections (2) and (5)(e) of this Rule. If raw, raw-marinated, partially cooked, or marinated-partially cooked 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 of the food service establishment for 90 calendar days beyond the time of service or sale of the fish.^Pf

2. 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 subsection (5)(e) of this Rule may substitute for the records specified under paragraph 1 of this subsection.

3. If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in subsection (5)(e)2(iv) of this Rule, a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in subsection (5)(e)2(iv) of this Rule shall be obtained by the person in charge and retained in the records of the food service establishment for 90 calendar days beyond the time of service or sale of the fish.^Pf

(g) 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.

(h) Reheating for Hot Holding.

1. Except as specified under paragraphs 2, 3, and 5 of this subsection, time/temperature control for safety 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 165°F (74°C) for 15 seconds.^P

2. Except as specified under paragraph 3 of this subsection, time/temperature control for safety 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 165°F (74°C) and the food is rotated or stirred, covered, and then allowed to stand covered for 2 minutes after reheating.^P

3. Ready-to-eat time/temperature control for safety food that has been commercially processed and packaged in 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 135°F (57°C) for hot holding.^P

4. Reheating for hot holding shall be done rapidly and the time the food is between the temperatures of 41°F (5°C) and 165°F (74°C) and 41°F (5°C) and 135°F (57°C) for commercially processed food, may not exceed 2 hours.^P

5. Remaining unsliced portions of meat roasts that are cooked as specified under subsection (5)(a)2 of this Rule may be reheated for hot holding using the same oven parameters and minimum time and temperature conditions under which it was cooked.

(i) Treating Juice. Juice packaged in a food service establishment shall be:

1. Treated under a HACCP plan to attain a 5-log reduction, which is equal to a 99.999% reduction, of the most resistant microorganism of public health significance;^P or

2. Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of public health significance:^Pf

(i) As specified under subsection (7)(c) of this Rule,^Pf and

(ii) As specified in 21 CFR 101.17(g) Food labeling, warning, notice, and safe handling statements, juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens with the following, "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems."^Pf

(6) Limiting the Growth of Pathogens

(a) Frozen Food. Stored frozen foods shall be maintained frozen.

(b) Time/Temperature Control for Safety Food, Slacking. Frozen time/temperature control for safety food that is slacked to moderate the temperature shall be held:

1. Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or

2. At any temperature if the food remains frozen.

(c) Thawing. Except as specified in paragraph 4 of this subsection, time/temperature control for safety food shall be thawed:

1. Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or

2. Completely submerged under running water:

(i) At a water temperature of 70°F (21°C) 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 41°F (5°C), or

(iv) For a period of time that does not allow thawed portions of a raw animal food requiring cooking to be above 41°F (5°C), for more than 4 hours including:

(I) The time the food is exposed to the running water and the time needed for preparation for cooking, or

(II) The time it takes under refrigeration to lower the food temperature to 41°F (5°C);

3. As part of a cooking process if the food that is frozen is:

(i) Cooked as specified under subsections (5)(a)1 or 2 or (5)(b) of this Rule, or

(ii) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or

4. Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order.

5. Reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use shall be removed from the reduced oxygen environment:

(i) Prior to its thawing under refrigeration that maintains the food temperature at 41°F (5°C) or less; or

(ii) Prior to, or immediately upon completion of its thawing, using procedures to completely submerge in running water as specified in paragraph 2 of this subsection.

(d) Cooling.

1. Cooked time/temperature control for safety food shall be cooled:

(i) Within 2 hours from 135°F (57°C) to 70°F (21°C);^P and

(ii) Within a total of 6 hours from 135°F (57°C) to 41°F (5°C) or less.^P

2. Time/temperature control for safety food shall be cooled within 4 hours to 41°F (5°C) or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.^P

3. Except as specified under paragraph 4 of this subsection, a time/temperature control for safety food received in compliance with laws allowing a temperature above 41°F (5°C) during shipment from the supplier shall be cooled within 4 hours to 41°F (5°C).^P

4. Raw eggs shall be received and immediately placed in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.^P

(e) Cooling Methods.

1. Cooling shall be accomplished in accordance with the time and temperature criteria specified under DPH Rule 511-6-1-.04(6)(d) by using one or more of the following methods depending on the type of food being cooled:

(i) Placing the food in shallow pans;^Pf

(ii) Separating the food into smaller or thinner portions;^Pf

(iii) Using rapid cooling equipment;^Pf

(iv) Stirring the food in a container placed in an ice water bath;^Pf

(v) Using containers that facilitate heat transfer;^Pf

(vi) Adding ice as an ingredient;^Pf or

(vii) Other effective methods.^Pf

2. 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 during the cooling period to facilitate heat transfer from the surface of the food.

(f) Time/Temperature Control for Safety Food, Hot and Cold Holding. Except during preparation, cooking, or cooling, or when time is used as the public health control, time/temperature control for safety food shall be maintained at 41°F (5°C) or below or 135°F (57°C) or above, except that roasts cooked to a temperature and for a time specified in subsection (5)(a)2 of this Rule and reheated using the same temperature and time conditions as cooking may be held at a temperature of 130°F (54°C) or above.^P

(g) Ready-to-Eat Time/Temperature Control for Safety Food, Date Marking.

1. Except when packaging food using a reduced oxygen packaging method, and except as specified in paragraphs 4 and 5 of this subsection, refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than 24 hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, when held at a temperature of 41°F (5°C) or below for a maximum of 7 days. The day of preparation shall be counted as Day 1.^Pf

2. Except as specified in paragraphs 4 through 6 of this subsection, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food service establishment and if the food is held for more than 24 hours, to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, when held at a temperature of 41°F (5°C) or below for a maximum of 7 days after the original container is opened. The day the original container is opened in the food service establishment shall be counted as Day 1, except, the day or date marked by the food service establishment may not exceed a manufacturer's use by date if the manufacturer determined the use-by date based on food safety;^Pf

3. A refrigerated, ready-to-eat, time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient.^Pf

4. A date marking system that meets the criteria stated in paragraphs 1 and 2 of this subsection may include:

(i) Using a method approved by the Health Authority for refrigerated, ready-to-eat time/temperature control for safety food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;

(ii) Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded;

(iii) Marking the date or day the original container is opened in a food service establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded; or

(iv) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the Health Authority upon request.

5. The requirements in paragraphs 1 and 2 of this subsection do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

6. The requirements in paragraphs 1 and 2 of this subsection do not apply to shellstock.

7. The requirement in paragraph 2 of this subsection does not apply to the following foods prepared and packaged by a food processing plant inspected by a Health Authority:

(i) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 110 Current good manufacturing practice in manufacturing, packing, or holding human food;

(ii) Hard cheeses containing not more than 39% moisture as defined in 21 CFR 133 Cheeses and related cheese products, such as cheddar, gruyere, parmesan and reggiano, and romano;

(iii) Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133 Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and monterey jack;

(iv) Cultured dairy products as defined in 21 CFR 131 Milk and cream, such as yogurt, sour cream, and buttermilk;

(v) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114 Acidified foods;

(vi) Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami; and

(vii) Shelf stable salt-cured products, such as prosciutto and Parma ham.

(h) Ready-to-Eat, Time/Temperature Control for Safety Food, Disposition.

1. A food that requires datemarking shall be discarded if it:

(i) Exceeds 7 days, not including the time that the product is frozen;^P

(ii) Is in a container or package that does not bear a date or day;^P or

(iii) Is appropriately marked with a date or day that exceeds 7 days.^P

2. Refrigerated, ready-to-eat, time/temperature control for safety food prepared in a food service establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds 7 days.^P

(i) Time as a Public Health Control.

1. Except as specified under paragraph 4 of this subsection, 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, written procedures shall be prepared in advance, maintained in the food service establishment, and made available to the regulatory authority upon request that specify:^Pf

(i) Methods of compliance with paragraphs 2(i) - (iii) or 3(i) through (v) of this subsection; and

(ii) Methods of compliance with the cooling of time/temperature control for safety food that is prepared, cooked, and refrigerated before time is used as a public health control.^Pf

2. If time without temperature control is used as the public health control up to a maximum of 4 hours:

(i) The food shall have an initial temperature of 41°F (5°C) or less when removed from cold holding temperature control, or 135°F (57°C) or greater when removed from hot holding temperature control;^P

(ii) 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

(iii) 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

(iv) The food in unmarked containers or packages, or marked to exceed a 4-hour limit shall be discarded.^P

3. If time without temperature control is used as the public health control up to a maximum of 6 hours:

(i) The food shall have an initial temperature of 41°F (5°C) or less when removed from temperature control and the food temperature may not exceed 70°F (21°C) within a maximum time period of 6 hours;^P

(ii) The food shall be monitored to ensure the warmest portion of the food does not exceed 70°F (21°C) during the 6-hour period, unless an ambient air temperature is maintained that ensures the food does not exceed 70°F (21°C) during the 6-hour holding period;^Pf

(iii) The food shall be marked or otherwise identified to indicate:^Pf

(I) The time when the food is removed from 41°F (5°C) or less cold holding temperature control,^Pf and

(II) The time that is 6 hours past the point in time when the food is removed from cold holding temperature control;

(iv) The food shall be:

(I) Discarded if the temperature of the food exceeds 70°F (21°C),^P or

(II) 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 41°F (5°C) or less cold holding temperature control;^P and

(v) The food in unmarked containers or packages, or marked with a time that exceeds the 6-hour limit shall be discarded.^P

4. A food service establishment that serves a highly susceptible population may not use time as the public health control for raw eggs.

(j) Variance Requirement. A food service establishment shall obtain a variance from the Health Authority as specified in DPH Rule 511-6-1-.10(5)(a) and (5)(b) before:^Pf

1. Smoking food as a method of food preservation rather than as a method of flavor enhancement;^Pf

2. Curing food;^Pf

3. Using food additives or adding components such as vinegar:^Pf

(i) As a method of food preservation rather than as a method of flavor enhancement,^Pf or

(ii) To render a food so that it is not time/temperature control for safety food;^Pf

4. Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;^Pf

5. Packaging time/temperature control for safety food using a reduced oxygen packaging method except where the growth and toxin formation of Clostridium botulinum and growth of Listeria monocytogenes are controlled as specified under (k) of this Rule;^Pf

6. Custom processing animals that are for personal use as food and not for sale or service in a food service establishment;^Pf

7. Preparing food by another method that is determined by the Health Authority to require a variance;^Pf or

8. Sprouting seeds or beans.^Pf

(k) Reduced Oxygen Packaging Without a Variance But HACCP Plan Required, Criteria.

1. Except for a food service establishment that obtains a variance as specified under (j) of this Rule, a food service establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.^P

2. Except as specified under paragraph 6 of this subsection, a food service establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall implement a HACCP plan that contains the information specified under DPH Rule 511-5-14-.02(6)(b) and (d) and that:^Pf

(i) Identifies the food to be packaged;^Pf

(ii) Except as specified under paragraphs 3 through 5 of this subsection, requires that the packaged food shall be maintained at 41°F (5°C) or less and meet at least one of the following criteria:^Pf

(I) Has an aw of 0.91 or less,^Pf

(II) Has a pH of 4.6 or less,^Pf

(III) Is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR 424.21, Use of food ingredients and sources of radiation, and is received in an intact package,^Pf or

(IV) Is a food with a high level of competing organisms such as raw meat, raw poultry, or raw vegetables;^Pf

(iii) Describes how the package shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:^Pf

(I) Maintain the food at 41°F (5°C) or below,^Pf and

(II) Discard the food if within 30 calendar days of its packaging if it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;^Pf

(iv) Limits the refrigerated shelf life to no more than 30 calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first;^P

(v) Includes operational procedures that:

(I) Prohibit contacting ready-to-eat food with bare hands,^Pf

(II) Identify a designated work area and the method by which:^Pf

(A) Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination,^Pf and

(B) Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation,^Pf and

(III) Delineate cleaning and sanitization procedures for food-contact surfaces;^Pf and

(vi) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:^Pf

(I) Concepts required for a safe operation,^Pf

(II) Equipment and facilities,^Pf and

(III) Procedures specified under paragraph 2(v) of this subsection and DPH Rule 511-6-1-.02(8)(b) and (d).^Pf

3. Except for fish that is frozen before, during, and after packaging. a food service establishment may not package fish using a reduced oxygen packaging method.^P

4. Except as specified under paragraph 3 of this subsection and subsection (l) of this Rule, a food service establishment that packages food using a cook-chill or sous vide process shall:

(i) Prior to implementation, provide a HACCP plan that contains the information as specified under DPH Rule 511-6-1-.02(8)(b) and (d) to the Health Authority;^Pf

(ii) Ensure the food is:

(I) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the bagged product to another business entity or the consumer,^Pf

(II) Cooked to heat all parts of the food to a temperature and for a time as specified under DPH Rule 511-6-1-.04(5)(a), ^P

(III) Protected from contamination before and after cooking as specified within DPH Rule 511-6-1-.04(4) and (5) of this Rule,^P

(IV) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below 135°F (57°C),^P

(V) Cooled to 41°F (5°C) in the sealed package or bag as specified under DPH Rule 511-6-1-.04(6)(d) of this Rule and subsequently:^P

I. Cooled to 34°F (1°C) within 48 hours of reaching 41°F (5°C) and held at that temperature until consumed or discarded within 30 days after the date of packaging;^P

II. Held at 41°F (5°C) or less for no more than 7 days, at which time the food must be consumed or discarded;^P or

III. Held frozen with no shelf life restriction while frozen until consumed or used.^P

(VI) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily,^Pf

(VII) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation,^Pf and

(VIII) Labeled with the product name and the date packaged,^Pf and

(iii) Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP plan for at least six months and, make such records available to the Health Authority upon request,^Pf

(iv) Implement written operational procedures as specified under paragraph 2(v) of this subsection and a training program as specified under paragraph 2(vi) of this subsection.^Pf

5. Except as specified under subsection (l) below, a food service establishment that packages cheese using a reduced oxygen packaging method shall:

(i) Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the food service establishment and that meet the Standards of Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR 133.169 pasteurized process cheese or 21 CFR 133.187 Semisoft Cheeses;^P

(ii) Have a HACCP plan that contains the information specified under DPH Rule 511-6-1-.02(6)(b) and (d) and as specified under paragraphs 2(i), (iii)(I), (v), and (vi) of this subsection;^Pf

(iii) Labels the package on the principal display panel with a "use by" date that does not exceed 30 days from its packaging or the original manufacturer's "sell by" or "use by" date, whichever occurs first;^Pf and

(v) Discard s the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within 30 calendar days of its packaging.^Pf

(l) Reduced Oxygen Packaging Without a Variance and no HACCP Plan Required, Criteria.

A HACCP Plan is not required when a food service establishment uses a reduced oxygen packaging method to package time/temperature control for safety food that is always:

1. Labeled with the production time and date,

2. Held at 41°F (5°C) or less during refrigerated storage, and

3. Removed from its package in the food service establishment within 48 hours after packaging.

(7) Food Identity, Presentation, and On-Premises Labeling.

(a) 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, and the general requirements in 21 CFR 130 Food Standards: General and 9 CFR 319 Subpart A - General.

(b) Honestly Presented.

1. Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.

2. Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.

(c) Food Labels.

1. Food packaged in a food service establishment, shall be labeled as specified in law, including 21 CFR 101 - Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.

2. Label information shall include:

(i) The common name of the food, or if there is no common name, an adequately descriptive identity statement;

(ii) If made from two or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial color or flavors and chemical preservatives, if contained in the food;

(iii) An accurate declaration of the net quantity of contents;

(iv) The name and place of business of the manufacturer, packer, or distributor; and

(v) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient.^Pf

(vi) 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.

(vii) For any salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.

3. 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 the information specified under paragraphs 2(i), (ii), and (vi) of this subsection.

4. Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(i) A health, nutrient content, or other claim is not made;

(ii) There are no state or local laws requiring labeling; and

(iii) The food is manufactured or prepared on the premises of the food service establishment or at another food service establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

(d) Other Forms of Information.

1. If required by law, consumer warnings shall be provided.

2. Food service establishment or manufacturers' dating information on foods may not be concealed or altered.

(e) Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens.

1. Except as specified in subsections (5)(a)3, and (5)(a)(iv), and (9)(a)3 of this Rule, if an animal food such as beef, eggs, fish, lamb, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in paragraphs 2 and 3 of this subsection using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means. The disclosure and reminder statements shall be worded in legible type in all capital letters and no smaller than font size #8, or if displayed on a menu board shall be printed no smaller than the smallest lettering used for a menu item.^Pf

2. Disclosure shall include:

(i) A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)," "raw-egg Caesar salad," and "hamburgers (can be cooked to order);"^Pf or

(ii) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients.^Pf

3. The reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states:

(i) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness;^Pf or

(ii) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.^Pf

(8) Contaminated Food.

(a) Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food.

1. A food that is unsafe, adulterated, or not honestly presented shall be discarded or reconditioned according to an approved procedure.^P

2. Food that is not from an approved source shall be discarded.^P

3. Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded shall be discarded.^P

4. 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.^P

(b) Expired Foods. Prepackaged sandwiches, eggs, infant formula, shucked oysters, milk, and time/temperature control safety foods that are labeled as "keep refrigerated" and that are for sale or service to the consumer or used as an ingredient in other foods shall be immediately discarded and shall not be sold, served, or used after the manufacturer's expiration date or the sell-by date.^P

(9) Special Requirements for Highly Susceptible Populations (Pasteurized Foods, Prohibited Re-Service, and Prohibited Food).

(a) In a food service establishment that serves a highly susceptible population:

1. The following criteria apply to juice:

(i) For the purposes of this paragraph only, children who are age 9 or less and receive food in a school, day care setting, or similar facility that provides custodial care are included as highly susceptible populations;

(ii) Prepackaged juice or a prepackaged beverage containing juice, that bears a warning label as specified in 21 CFR, 101.17(g) Food labeling, warning, notice, and safe handling statements, juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens, or a packaged juice or beverage containing juice, that bears a warning label may not be served or offered for sale;^P and

(iii) Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP plan that contains the information specified under DPH Rule 511-6-1-.02(6)(b) through (e) and as specified in 21 CFR Part 120 - Hazard Analysis and Critical Control Point (HACCP) Systems, Subpart B Pathogen Reduction 120.24 Process controls.^P

2. Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of:

(i) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages,^P and

(ii) Except as specified in paragraph 6 of this subsection, recipes in which more than one egg is broken and the eggs are combined;^P

3. The following foods may not be served or offered for sale in a ready-to-eat form:^P

(i) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare,^P

(ii) A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw eggs, and meringue;^P and

(iii) Raw seed sprouts.^P

4. Except when washing fruits and vegetables, food employees shall handle ready-to-eat food as specified under (4)(a)2. of this Rule.^P

5. Time only, as the public health control may not be used for raw eggs.^P

6. The requirement in paragraph 2(ii) of this subsection does not apply if:

(i) The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked to 145°F (63°C) for 15 seconds, and served immediately, such as an omelet, soufflé, or scrambled eggs;

(ii) The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or

(iii) The preparation of the food is conducted under a HACCP plan that:

(I) Identifies the food to be prepared,

(II) Prohibits contacting ready-to-eat food with bare hands,

(III) Includes specifications and practices that ensure:

I. Salmonella Enteritidis growth is controlled before and after cooking, and

II. Salmonella Enteritidis is destroyed by cooking the eggs to 155°F (68°C) for 15 seconds or

(IV) Contains the information specified under DPH Rule 511-6-1-.02(8)(d) including procedures that:

I. Control cross contamination of ready-to-eat food with raw eggs, and

II. Set forth cleaning and sanitization procedures for food-contact surfaces, and

(v) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

7. Except as specified in paragraph 8 of this subsection, food may be re-served if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

8. Food may not be re-served under the following conditions:

(i) Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation may not be re-served to others outside.

(ii) Packages of food from any patients, clients, or other consumers should not be re-served to persons in protective environment isolation.

Ga. Comp. R. & Regs. R. 511-6-1-.04

O.C.G.A. §§ 26-2-373; 31-2A-4.

Original Rule entitled "Food" adopted. F. Oct. 9, 2015; eff. Oct. 29, 2015.

Amended: F. Jan. 25, 2023; eff. Feb. 24, 2023, as specified by the Agency.