10- 144 C.M.R. ch. 200, § 3-8

Current through 2024-51, December 18, 2024

Section 144-200-3-8 - SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE POPULATIONS

3-801 Additional Safeguards

3-801.11 Pasteurized Foods, Prohibited Reservice, and Prohibited Food.*

In a Food or Eating Establishment that serves a Highly Susceptible Population:

(A) The following criteria apply to Juice:

(1) 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;

(2) 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) (2012 ed.), 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 as specified under ¶ 3-401.11(A)(1) may not be served or offered for sale; and

(3) 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 ¶¶ 8-201.14(B) - (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)(2012 ed.).

(B) Pasteurized Eggs or Egg Products or pasteurized liquid, frozen, or dry Eggs or EggProducts shall be substituted for raw Eggs in the preparation of:

(1)Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, egg nog, ice cream, and egg-fortified Beverages, and

(2) Except as specified in ¶ (F) of this section, recipes in which more than one Egg is broken and the Eggs are combined;

(C) The following Foodsmay not be served or offered for sale in a Ready-to-Eatform:

(1) Raw animal Foods, such as raw Fish, raw-marinated Fish, raw Molluscan Shellfish, and steak tartare,

(2) A partially cooked animal Food, such as lightly cooked Fish, rare Meat, and soft-cooked Eggs that are made from raw Eggs, and meringue, and

(3)Raw seed sprouts.

(D)Food Employees may not contact Ready-to-Eat Food as specified under ¶¶ 3-301.11(B) and (E).

(E)Time only, as the public health control, as specified under ¶ 3-501.19(D), may not be used for raw Eggs.

(F)Subparagraph (B)(2) of this section does not apply if:

(1) The raw Eggs are combined immediately before cooking for one Consumer's serving at a single meal, cooked as specified under Subparagraph 3-401.11(A)(1), and served immediately, such as an omelet, soufflé, or scrambled Eggs;

(2) The raw Eggs are combined as an ingredient immediately before baking and the Eggs are thoroughly cooked to a Ready-to-Eatform, such as a cake, muffin, or bread; or

(3) The preparation of the food is conducted under a HACCP Plan that:

(a) Identifies the Food to be prepared,

(b) Prohibits contacting Ready-to-Eat Food with bare hands,

(c) Includes specifications and practices that ensure:

(i) S

almonella Enteritidis growth is controlled before and after cooking, and

(ii

) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in subparagraph3-401.11 (A)(2),

(d) Contains the information specified under ¶ 8-201.14(D) including procedures that:

(i) Control cross contamination of Ready-to-Eat Food with raw Eggs, and

(ii) Delineate cleaning and Sanitization procedures for Food-Contact Surfaces, and

(e) Describes the training program that ensures that the Food Employee responsible for the preparation of the Food understands the procedures to be used.

(G)Except as specified in paragraph (H) of this section, food may be re-served as specified under Subparagraph 3-306.14 (B)(1) and (2).

(H)Food may not be re-served under the following conditions:

(1)

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;

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

10- 144 C.M.R. ch. 200, § 3-8