Section 11-50-33 - Destruction of organisms of public health concern(a) Cooking raw animal foods. (1) Except as specified in paragraphs (2), (3) and (4), 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: (A) One hundred forty-five degrees Fahrenheit or above for fifteen seconds for:(i) Raw eggs that are broken and prepared in response to a consumer's order and for immediate service; and(ii) Except as specified in subparagraphs (B) and (C) and paragraphs (2) and (3), fish and meat including game animals commercially raised for food as specified in section 11-50-31(g)(1)(A) and game animals under a voluntary inspection program as specified in section 11-50-31(g)(1)(B);(B) One hundred fifty-five degrees Fahrenheit for fifteen seconds or the temperature specified in Table 33-1 that corresponds to the holding time for ratites, mechanically tenderized, and injected meats; the following if they are comminuted: fish, meat, game animals commercially raised for food as specified in section 11-50-31(g)(1)(A), and game animals in a voluntary inspection program as specified in section 11-50-31(g)(1)(B); and raw eggs that are not prepared as specified in subparagraph (A) (i): Table 33-1
Minimum |
Temperature | Time |
145°F | 3 minutes |
150°F | 1 minute |
158°F | <1 second (instantaneous) |
; or
(C) One hundred sixty-five degrees Fahrenheit or above for fifteen seconds for poultry, baluts, wild game animals as specified in section 11-50-31(g)(1)(C), stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites;(2) Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked: (A) In an oven that is preheated to the temperature specified for the roast's weight in Table 33-2 and that is held at that temperature: Table 33-2
Oven Type | Oven Temperature Based on Roast Weight |
Less than 10 lbs | 10 lbs or More |
Still Dry | 350°F or more | 250°F or more |
Convection | 325°F or more | 250°F or more |
High Humidity1 | 250°F or less | 250°F or less |
1Relative humidity greater than ninety per cent for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides one hundred per cent humidity.; and
(B) As specified in Table 33-3, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature: Table 33-3
Temperature | Time1 in Minutes | Temperature | Time1 in Seconds |
130°F | 112 | 147°F | 134 |
131°F | 89 | 149°F | 85 |
133°F | 56 | 151°F | 54 |
135°F | 36 | 153°F | 34 |
136°F | 28 | 155°F | 22 |
138°F | 18 | 157°F | 14 |
140°F | 12 | 158°F | 0 |
142°F | 8 | - | - |
144°F | 5 | - | - |
145°F | 4 | - | - |
1Holding time may include post-oven 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: (A) The food establishment serves a population that is not a highly susceptible population;(B) The steak is labeled to indicate that it meets the definition of "whole-muscle, intact beef" as specified in section 11-50-31(a)(4); and(C) The steak is cooked on both the top and bottom to a surface temperature of one hundred forty-five degrees Fahrenheit 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 raolluscan 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), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if: (A) As specified in section 11-50-37(a)(3)(A) and (B), the food establishment serves a population that is not a highly susceptible population;(B) The food, if served or offered for service by consumer selection from a children's menu, does not contain comminuted meat; and(C) The consumer is informed as specified in section 11-50-35(d) that to ensure its safety, the food should be cooked as specified in paragraph (1) or (2); or(D) The department grants a variance from paragraph (1) or (2) as specified in section 11-50-13(a) based on a HACCP plan that:(i) Is submitted by the owner or operator and approved as specified in section 11-50-13(b); (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 establishment meet the conditions of the variance.(b) 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 one hundred sixty-five degrees Fahrenheit in all parts of the food; and(4) Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.(c) Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of one hundred thirty-five degrees Fahrenheit.(d) 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;(2) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) in section 11-50-34(d)(1);(3) After cooling, held frozen or cold, as specified for potentially hazardous food (time/temperature control for safety food) in section 11-50-34(f)(1)(B);(4) Prior to sale or service, cooked using a process that heats all parts of the food to a temperature and for a time as specified under section 11-50-33(a) (1)-(3);(5) Cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) in section 11-50-34(d)(1) if not either hot held as specified in section 11-50-34(f)(1), served immediately, or held using time as a public health control as specified in section 11-50-34(1) after complete cooking; and(6) Prepared and stored according to written procedures that: (A) Have obtained prior approval from the department;(B) Are maintained in the food establishment and are available to the department upon request;(C) Describe how the requirements specified in paragraphs (1) to (5) are to be monitored and documented by the owner or operator and the corrective actions to be taken if the requirements are not met;(D) 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) prior to being offered for sale or service; and(E) Describe how the foods, after initial heating but prior to cooking as specified in paragraph (4), are to be separated from ready-to-eat foods as specified in section 11-50-32(0)(1). (e) Parasite destruction.(1) Except as specified in paragraph (2), before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or raarinated-partially cooked fish shall be: (A) Frozen and stored at a temperature of minus four degrees Fahrenheit or below for a minimum of one hundred sixty-eight hours (seven days) in a freezer;(B) Frozen at minus thirty-one degrees Fahrenheit or below until solid and stored at minus thirty-one degrees Fahrenheit or below for a minimum of fifteen hours; or(C) Frozen at minus thirty-one degrees Fahrenheit or below until solid and stored at minus four degrees Fahrenheit or below for a minimum of twenty-four hours;(2) Paragraph (1) does not apply to: (B) A scalloped product consisting only of the shucked adductor muscle;(C) Tuna of the species Thunnus alalunga (Albacore tuna), Thunnus albacares (Yellowfin tuna), Thunnus atlanticus (Blackfin tuna), Thunnus maccoyii (Bluefin tuna. Southern), Thunnus obesus (Bigeye tuna), Thunnus thynnus (Bluefin tuna, Northern), Katsuwonus Pelamis (Skipjack tuna), Makaira nigricans (Pacific blue raarlin), Tetrapturus audax (Striped marlin); or(D) Aquacultured fish, such as salmon, that: (i) If raised in open water, are raisgd 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;(E) Fish eggs that have been removed from the skein and rinsed; or(F) Non-anadromous open ocean fish commonly eaten raw such as tuna, marlin, and snapper, if the required consumer advisory clearly states that consuming raw or undercooked fish that have not been adequately frozen may increase the risk of infection or injury from parasitic worms.(f) Records, creation and retention. (1) Except as specified in subsection (e)(2) and paragraph (2), 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 establishment for ninety calendar days beyond the time of service or sale of the fish;(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 in subsection (e) may substitute for the records specified in paragraph (1).(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 (e)(2)(D), a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in subsection (e)(2)(D) shall be obtained by the person in charge and retained in the records of the food establishment for ninety calendar days beyond the time of service or sale of the fish; (g) 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 in paragraphs (2), (3), and (5), potentially hazardous food (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 one hundred sixty-five degrees Fahrenheit for fifteen seconds;(2) Except as specified in paragraph (3), potentially hazardous food (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 one hundred sixty-five degrees Fahrenheit and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating;(3) Ready-to-eat 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 one hundred thirty-five degrees Fahrenheit for hot holding;(4) Reheating for hot holding as specified in paragraphs (1) to (3) shall be done rapidly and the time the food is between forty-one degrees Fahrenheit and the temperatures specified in paragraphs (1) to (3) may not exceed two hours;(5) Remaining unsliced portions of meat roasts that are cooked as specified in subsection (a)(2) may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified in subsection (a)(2). (i) Juice packaged in a food establishment shall be: (1) Treated under a HACCP plan as specified in section 11-50-4(h)(2)(B) to (E) to attain a five-log reduction, which is equal to a 99.999 per cent reduction, of the most resistant microorganism of public health significance; or(2) Labeled, if not treated to yield a five-log reduction of the most resistant microorganism of public health significance: (A) As specified in section 11-50-35(b); and(B) As specified in 21 CFR 101.17(g), 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". [Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11)