3-202.11Temperature.(A) Except as specified in (B) of this section, refrigerated, time/temperature control for safety food shall be at a temperature of 41 degree F (5 degree C) or below when received. P(B) If a temperature other than 41 degree F (5 degree C) for a time/temperature control for safety food is specified in law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.(C) Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 45 degrees F (7 degrees C) or less. P(D) Time/temperature control for safety food that is cooked to a temperature and for a time specified under 3-401.11 through 3-401.13 and received hot shall be at a temperature of 135 degrees F (57 degrees C) or above. P(E) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen. Pf(F) Upon receipt, time/temperature control for safety food shall be free of evidence of previous temperature abuse. Pf3-202.12Additives.Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170-180 relating to Food Additives, Generally Recognized as Safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181 through 186, substances that exceed amounts specified in 9 CFR Subpart C Section 424.21(b), Food Ingredients and Sources of Radiation, that exceed provisions specified in 40 CFR 180, Tolerances for Pesticides Chemicals in Food, and Exceptions. P
3-202.13Eggs.Eggs shall be received clean and sound and shall not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA.P
3-202.14Egg and Milk Products, Pasteurized.(A) Egg products shall be obtained pasteurized. P(B) Fluid and dry milk and milk products used and served shall, except as specified in (E) of this section: (1) Be obtained pasteurized; P and(2) Comply with Grade A standards as specified in law. P(C) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 CFR 135, Frozen desserts. P(D) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the CFR, such as 21 CFR 133, Cheeses and Related Cheese Products, for curing certain cheese varieties. P(E) Packaged raw milk may be obtained for re-sale provided it meets the requirements of R.61-34, Raw Milk for Human Consumption.3-202.15Package Integrity.Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants. Pf
3-202.16Ice.Ice for use as a food or cooling medium shall be made from drinking water. P
3-202.17Shucked Shellfish, Packing and Identification.(A) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the Pf: (1) Name, address, and certification number of the shucker, packer, or repacker of the molluscan shellfish and(2) The "sell by" or "best if used by" date for packages with a capacity of less than 1.89 L (one-half gallon) or the date shucked for packages with a capacity of 1.89 L (one-half gallon) or more. Pf(B) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified under (A) of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D, Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d), Molluscan Shellfish.3-202.18Shellstock Identification.(A) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list: Pf(1) Except as specified under (C) of this section, on the harvester's tag or label, the following information in the following order: (a) The harvester's identification number that is assigned by the shellfish control authority,Pf(b) The date of harvesting, Pf(c) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested, Pf(d) The type and quantity of shellfish, Pf and(e) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty or retagged and thereafter kept on file for ninety (90) days"; Pf and(2) Except as specified in (D) of this section, on each dealer's tag or label, the following information in the following order: Pf(a) The dealer's name, address, and the certification number assigned by the shellfish control authority, Pf(b) The original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested, Pf(c) The same information as specified for a harvester's tag under (A)(1)(b) through (d) of this section, Pf and(d) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty and thereafter kept on file for ninety (90) days." Pf(B) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under (A) of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D, Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d), Molluscan Shellfish.(C) If a place is provided on the harvester's tag or label for a dealer's name, address, and certification number, the dealer's information shall be listed first.(D) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under (A)(2)(a) and (b) of this section, individual dealer tags or labels need not be provided.(E) The statement "Keep Refrigerated" or an equivalent statement must be included on the tag.3-202.19Shellstock Condition.When received by a retail food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.
3-202.110Juice Treated.Pre-packaged juice shall:
(A) Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120, Hazard Analysis and Critical Control (HACCP) Systems; Pf and(B) Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR Part 120.24, Process Controls.PS.C. Code Regs. § 61-25.3-202
Replaced and amended by State Register Volume 38, Issue No. 6, eff 6/27/2014; State Register Volume 43, Issue No. 05, eff. 5/24/2019.