N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-5.30

Current through Register Vol. 46, No. 45, November 2, 2024

Section 14-5.30 - Definitions of foods; contamination; potentially hazardous food; hermetically sealed container

(a) Food is any edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

(b) Contamination means exposing food to filth, toxic substances, manual contact during preparation if such food will not be subsequently cooked prior to service, transportation, display, while being held for service or during servicing of machines, rodent or insect contact or infestation, or any condition which permits introduction of pathogenic microorganisms or foreign matter. Potentially hazardous foods held at temperatures between 45° F (7.2° C) and 140° F (60° C) either for a period of time exceeding that reasonably required for preparation or held in a vending machine which is operating with its food holding compartment between 45° F (7.2° C) and 140° F (60° C) for a period of more than 30 minutes, are considered to be contaminated. Contaminated food is considered adulterated.

(c) Potentially hazardous food is any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, cooked potato, cooked rice or other ingredients, including synthetic ingredients, in a form capable of supporting:

(1) rapid and progressive growth of infectious, or toxigenic microorganisms; or

(2) the slower growth of C. botulinum.

The term does not include foods with a water activity (Aw) value of 0.85 or less or a hydrogen ion concentration (pH) level of 4.6 or below.

(d) A hermetically sealed container is a container which is designed and intended to be secure against the entry of microorganisms and to maintain its content after processing.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-5.30