Okla. Admin. Code § 310:257-5-71

Current through Vol. 41, No. 19, June 17, 2024

Section 310:257-5-71 - Pasteurized foods, prohibited re-service, and prohibited food

In a food establishment that serves a highly susceptible population:

(1) The following criteria apply to juice:

(A) For the purposes of this paragraph only, children who are age nine (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;

(B) Prepackaged juice or a prepackaged beverage containing juice, that bears a warning label as specified in 21 CFR, Section 101.17(g) Food Labeling, (pertaining to warning, notice and safe handling statements for juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens,) or packaged juice or beverage containing juice, that bears a warning label as specified under OAC 310:257-5-53(2) may not be served or offered for sale; and

(C) 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 in OAC 310:257-15-9 and as specified under 21 CFR, Part 120 - Hazard Analysis and Critical Control Point (HACCP) systems, Subpart B Pathogen Reduction, Section 120.24 Process controls.

(2) Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of:

(A) Foods such as Caesar salad, hollandaise or Barnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages, and

(B) Except as specified in (6) of this Section, recipes in which more than one egg is broken and the eggs are combined;

(3) The following foods may not be served or offered for sale in a ready-to-eat form:

(A) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare,

(B) A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw eggs, and meringue, and

(C) Raw seed sprouts.

(4) Food employees may not contact ready-to-eat foods as specified under OAC 310:257-5-21(b) and OAC 310:257-5-21(d).

(5) Time only, as the public health control as specified in OAC 310:257-5-62(d), shall not be used for raw eggs.

(6) Subparagraph (2)(B) of this Section does not apply if:

(A) The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified under OAC 310:257-5-46(a)(1), and served immediately, such as an omelet, soufflé, or scrambled eggs;

(B) The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or

(C) The preparation of the food is conducted under a HACCP plan that:

(i) Identifies the food to be prepared,

(ii) Prohibits contacting ready-to-eat food with bare hands,

(iii) Includes specifications and practices that ensure:

(I)Salmonella 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 OAC 310:257-5-46(a)(2),

(iv) Contains the information specified under OAC 310:257-15-9 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

(v) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

(7) Except as specified in paragraph (8) of this Section, food may be re-served as specified in OAC 310:257-5-44(b).

(8) Food shall not be re-served under the following conditions:

(A) Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation shall not be re-served to others outside; and

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

Okla. Admin. Code § 310:257-5-71

Added at 23 Ok Reg 2358, eff 6-25-06; Amended at 26 Ok Reg 1477, eff 6-11-09; Amended at 28 Ok Reg 2289, eff 11-1-11

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021