410 Ind. Admin. Code 7-21-25

Current through May 29, 2024

Section 410 IAC 7-21-25 - "Potentially hazardous food" defined

Authority: IC 16-42-5-5

Affected: IC 16-42-5

Sec. 25.

(a) "Potentially hazardous food" means a natural or synthetic food and requires temperature control because it is in a form capable of supporting any of the following:

(1) The rapid and progressive growth of infectious or toxigenic micro-organisms.

(2) The growth and toxin production of Clostridium botulinum.

(3) In raw shell eggs, the growth of Salmonella enteritidis.

(b) The term includes the following:

(1) A food of animal origin that is raw or heat-treated.

(2) A food of plant origin that is heat-treated or consists of raw seed sprouts.

(3) Cut melons.

(4) Garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under subsection (a).

(c) The term does not include any of the following:

(1) An air-cooled hard-boiled egg with shell intact.

(2) A food with a water activity (a_w) value of eighty-five hundredths (0.85) or less.

(3) A food with a pH level of four and six-tenths (4.6) or below when measured at seventy-five (75) degrees Fahrenheit.

(4) A food, in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.

(5) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of Salmonella enteritidis in eggs or Clostridium botulinum cannot occur, such as a food that:

(A) has an a_w and a pH that are above the levels specified under subdivisions (2) and (3); and

(B) may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms.

(6) A food that may contain an infectious or toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness, but that does not support the growth of micro-organisms as specified under subsection (a).

410 IAC 7-21-25

Indiana State Department of Health; 410 IAC 7-21-25; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA

Readopted filed 9/10/2014, 2:08 p.m.: 20141008-IR-410140299RFA

Readopted filed 9/10/2020, 2:11 p.m.: 20201007-IR-410200404RFA