Section 11-50-31 - Source, specifications for receiving, original containers and records(a) Compliance with food law. (1) Food shall be obtained from sources that comply with law;(2) Food prepared in a private home may not be used or offered for human consumption in a food establishment;(3) Fish, other than those specified in section 11-50-33(e)(2), that are intended for consumption in raw or undercooked form and allowed as specified in section 11-50-33(a) (4), may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified in section 11-50-33(e); or if they are frozen on the premises as specified in section 11-50-33(e) and records are retained as specified in section 11-50-33(f);(4) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in section 11-50-33(a)(3) shall be: (A) 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; or(B) Deemed acceptable by the director based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef; and(C) If individually cut in a food establishment: (i) Cut from whole-muscle intact beef that is labeled by a food processing plant as specified in subparagraph (A) or identified as specified in subparagraph (B);(ii) Prepared so they remain intact; and(iii) If packaged for undercooking in a food establishment, labeled as specified in subparagraph (A) or identified as specified in subparagraph (B).(5) 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(1) and 9 CFR 381.125(b);(6) 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 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.(c) Fluid milk and milk products shall be obtained from sources that comply with Grade A Standards as specified in law.(d) Fish. (1) Fish that are received for sale or service shall be:(A) Commercially and legally caught or harvested; or(B) Approved for sale or service;(2) Molluscan shellfish that are recreationally caught may not be received for sale or service.(e) Molluscan shellfish. (1) Molluscan shellfish shall be obtained from sources according to law or 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;(2) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.(f) Wild mushrooms. (1) Except as specified in paragraph (2), mushroom species picked in the wild shall not be offered for sale or service by a food establishment unless the food establishment has been approved to do so by the department;(2) This section does not apply to:(A) 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(B) 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. If game animals are received for sale or service they shall be: (1) Commercially raised for food and: (A) Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction; or(B) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; and(C) 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; 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;(2) 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, entitled "Exotic animals and horses; voluntary inspection" or rabbits that are "inspected and certified" in accordance with 9 CFR 354, entitled "Voluntary inspection of rabbits and edible products thereof";(3) As allowed by law, for wild game animals that are live caught: (A) Under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction; and (B) 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; 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; or(4) As allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals: (A) Receive a postmortem examination by an approved veterinarian or veterinarian's designee; or(B) 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; and(C) 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.(h) Temperature when received. (1) Except as specified in paragraph (2), refrigerated, potentially hazardous food (time/temperature control for safety food) shall be at a temperature of forty-one degrees Fahrenheit or below when received; (2) If a temperature other than forty-one degrees Fahrenheit for a potentially hazardous food (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 forty-five degrees Fahrenheit or less;(4) Potentially hazardous food (time/temperature control for safety food) that is cooked to a temperature and for a time specified in section 11-50-33(a) to (c) and received hot shall be at a temperature of one hundred thirty-five degrees Fahrenheit or above;(5) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen;(6) Upon receipt, potentially hazardous food (time/temperature control for safety food) shall be free of evidence of previous temperature abuse.(i) Food may not contain unapproved food additives or additives that:(1) Exceed amounts specified in 21 CFR 170-180 relating to food additives;(2) Generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181-186;(3) Substances that exceed amounts specified in 9 CFR Subpart C Section 424,21(b), entitled "Food ingredients and sources of radiation"; or(4) Pesticide residues that exceed provisions specified in 40 CFR 180, entitled "Tolerances and exceptions for pesticide chemical residues in food".(j) 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.(k) Eggs and milk products, pasteurized.(1) Egg products shall be obtained pasteurized;(2) Fluid and dry milk and milk products shall:(A) Be obtained pasteurized; and(B) Comply with Grade A Standards as specified in law;(3) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 CFR 135, entitled "Frozen desserts".(4) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the CFR, such as 21 CFR 133, entitled "Cheeses and related cheese products", for curing certain cheese varieties. (l) 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.(m) Ice for use as a food or a cooling medium shall be made from drinking water.(n) Shucked shellfish, packaging and identification.(1) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the:(A) Name, address, and certification number of the shucker, packer, or repacker of the molluscan shellfish; and(B) The "sell by" or "best if used by" date for packages with a capacity of less than one-half gallon or the date shucked for packages with a capacity of one-half gallon or more;(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 in paragraph (1) shall be subject to a hold order, as allowed by law, or seizure and destruction.(o) 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 state rules or the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and: (A) Except as specified in paragraph (3), the harvester's tag or label shall list the following information in the following order:(i) The harvester's identification number that is assigned by the shellfish control authority;(ii) The date of harvesting;(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;(iv) The type and quantity of shellfish; 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"; and(B) Except as specified in paragraph (4), each dealer's tag or label shall list 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 are harvested;(iii) The same information as specified for a harvester's tag in subparagraph (A)(ii) to (iv); 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";(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 in paragraph (1) shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D, entitled "Specific administrative decisions regarding interstate shipments". Section 1240.60(d);(3) If a space 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 in paragraph (1)(B)(i) and (ii), individual dealer tags or labels need not be provided.(p) When received by a food 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,(q) Juice treated. Pre-packaged juice shall: (1) Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120, entitled "Hazard analysis and critical control (HACCP) systems"; and(2) Be obtained pasteurized or otherwise treated to attain a five-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR Part 120.24, entitled "Process Controls". (r) Molluscan shellfish, original container. (1) Except as specified in paragraphs (2) to (4), molluscan shellfish may not be removed from the container in which they are received other than 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:(A) The source of the shellstock on display is identified as specified in subsection (o) and recorded as specified in subsection (s); and(B) 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:(A) The labeling information for the shellfish on display as specified in subsection (n) is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and (B) 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:(A) The labeling information for the shellfish is on each consumer self service container as specified in subsection (n) and section 11-50-35(b)(1) and (2)(A) to (D);(B) The labeling information as specified in subsection (n) is retained and correlated with the date when, or dates during which, the shellfish are sold or served;(C) The labeling information and dates specified in subparagraph (B) are maintained for ninety days; and(D) The shellfish are protected from contamination. (s) Shellstock, maintaining identification. (1) Except as specified in paragraph (3)(B), shellstock tags or labels shall remain attached to the container in which the shellstock are received until the container is empty;(2) The date when the last shellstock from the container is sold or served shall be recorded on the tag or label;(3) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for ninety calendar days from the date that is recorded on the tag or label, as specified in paragraph (2), by: (A) Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified in paragraph (2); and (B) If shellstock are removed from its tagged or labeled container:(i) Preserving source identification by using a record keeping system as specified in subparagraph (A); 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. [Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11)