S.C. Code Regs. § § 61-25.3-501

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-25.3-501 - Temperature and Time Control

3-501.11Frozen Food.

Stored frozen foods shall be maintained frozen.

3-501.12Time/Temperature Control for Safety, Slacking.

Frozen time/temperature control for safety food that is slacked to moderate the temperature shall be held:

(A) Under refrigeration that maintains the food temperature at 41 degrees F (5 degrees C) or less; or

(B) At any temperature if the food remains frozen.

3-501.13Thawing.

Except as specified in (D) of this section, time/temperature control for safety food shall be thawed:

(A) Under refrigeration that maintains the food temperature at 41 degrees F (5 degrees C) or less; or

(B) Completely submerged under cold running water:

(1) At a water temperature of 70 degrees F (21 degrees C) or below,

(2) With sufficient water velocity to agitate and float off loose particles in an overflow, and

(3) For a period of time that does not allow thawed portions of ready-to-eat food to rise above 41 degrees F (5 degrees C), or

(4) For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified under 3-401.11(A) or (B) to be above 41 degrees F (5 degrees C) for more than four (4) hours including:

(a) The time the food is exposed to the running water and the time needed for preparation for cooking, or

(b) The time it takes under refrigeration to lower the food temperature to 41 degrees F (5 degrees C);

(C) As part of a cooking process if the food that is frozen is:

(1) Cooked as specified under 3-401.11(A) or (B) or 3-401.12 or

(2) Thawed in a microwave oven and immediately transferred to conventional cooking equipment with no interruption in the process; or

(D) Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order.

(E) Reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use shall be removed from the reduced oxygen environment:

(1) Prior to its thawing under refrigeration as specified in (A) of this section; or

(2) Prior to or immediately upon completion of its thawing using procedures specified in (B) of this section.

3-501.14Cooling.

(A) Cooked time/temperature control for safety food shall be cooled:

(1) Within two (2) hours from 135 degrees F (57 degrees C) to 70 degrees F (21 degrees C); ^P and

(2) Within a total of six (6) hours from 135 degrees F (57 degrees C) to 41 degrees F (5 degrees C) or less. ^P

(B) Time/temperature control for safety food shall be cooled within four (4) hours to 41 degrees F (5 degrees C) or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna. ^P

(C) Except as specified under (D) of this section, a time/temperature control for safety food received in compliance with laws allowing a temperature above 41 degrees F (5 degrees C) during shipment from the supplier as specified in 3-202.11(B) shall be cooled within 4 hours to 41 degrees F (5 degrees C) or less; ^P

(D) Raw eggs shall be received as specified under 3-202.11(C) and immediately placed in refrigerated equipment that maintains an ambient air temperature of 45 degrees F (7 degrees C) or less. ^P

3-501.15Cooling Methods.

(A) Cooling shall be accomplished in accordance with the time and temperature criteria specified under 3-501.14 by using one or more of the following methods based on the type of food being cooled:

(1) Placing the food in shallow pans; ^Pf

(2) Separating the food into smaller or thinner portions; ^Pf

(3) Using rapid cooling equipment; ^Pf

(4) Stirring the food in a container placed in an ice water bath; ^Pf

(5) Using containers that facilitate heat transfer; ^Pf

(6) Adding ice as an ingredient; or ^Pf

(7) Other effective methods. ^Pf

(B) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

(1) Arranged in the equipment to provide maximum heat transfer through the container walls; and

(2) Loosely covered or uncovered if protected from overhead contamination as specified in 3-305.11(A)(2) during the cooling period to facilitate heat transfer from the surface of the food.

3-501.16Time/Temperature Control for Safety Food, Hot and Cold Holding.

(A) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under 3-501.19, and except as specified under (B) and in (C) of this section, time/temperature control for safety food shall be maintained:

(1) At 135 degrees F (57 degrees C) or above, except that roasts cooked to a temperature and for a time specified in 3-401.11(B) or reheated as specified in 3-403.11(E) may be held at a temperature of 130 degrees F (54 degrees C) or above; ^P or

(2) At 41 degrees F (5 degrees C) or less. ^P

(B) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of 45 degrees F (7 degrees C) or less. ^P

(C) Time/temperature control for safety food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under (A) of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified under 4-204.13(E).

3-501.17Ready to Eat, Time/Temperature Control for Safety Food, Date Marking.

(A) Except when packaging food using a reduced oxygen packaging method as specified under 3-502.12 and except as specified in (E) and (F) of this section, refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a retail food establishment for more than twenty-four (24) hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded when held at a temperature of 41 degrees F (5 degrees C) or less for a maximum of seven (7) days. The day of preparation shall be counted as Day One (1).^Pf

(B) Except as specified in (E) through (G) of this section, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a retail food establishment and if the food is held for more than twenty-four (24) hours, to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in (A) of this section and: ^Pf

(1) The day the original container is opened in the retail food establishment shall be counted as Day One (1);^Pf and

(2) The day or date marked by the retail food establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety. ^Pf

(C) A refrigerated, ready-to-eat, time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient. ^Pf

(D) A date marking system that meets the criteria stated in (A) and (B) of this section may include:

(1) Using a method approved by the Department for refrigerated, ready-to-eat time/temperature control for safety food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;

(2) Marking the date or day of preparation with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under (A) of this section;

(3) Marking the date or day the original container is opened in a retail food establishment with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under (B) of this section; or

(4) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the Department upon request.

(E) Paragraphs (A) and (B) of this section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

(F) Paragraphs (A) and (B) of this section do not apply to shellstock.

(G) Paragraph (B) of this section does not apply to the following foods prepared and packaged by a food processing plant inspected by the appropriate regulatory authority:

(1) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 110, Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food;

(2) Hard cheeses containing not more than thirty- nine (39) percent moisture as defined in 21 CFR 133, Cheeses and Related Cheese Products, such as cheddar, gruyere, parmesan and reggiano, and romano;

(3) Semi-soft cheeses containing more than thirty-nine (39) percent moisture, but not more than fifty (50) percent moisture, as defined in 21 CFR 133, Cheeses and Related Cheese Products, such as blue, edam, gorgonzola, gouda, and monterey jack;

(4) Cultured dairy products as defined in 21 CFR 131, Milk and Cream, such as yogurt, sour cream, and buttermilk;

(5) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114, Acidified Foods;

(6) Shelf stable, dry fermented sausages, such as pepperoni and Genoa; and

(7) Shelf stable salt-cured products such as prosciutto and Parma (ham).

3-501.18Ready-to-Eat, Time/Temperature Control for Safety Food, Disposition.

A food specified in 3-501.17(A) or (B) shall be discarded if it:

(A) Exceeds the temperature and time combination specified in 3-501.17(A), except time that the product is frozen; ^P

(B) Is in a container or package that does not bear a date or day; ^P or

(C) Is appropriately marked with a date or day that exceeds a temperature and time combination as specified in 3-501.17(A).^P

3-501.19Time as a Public Health Control Measure.

(A) Except as specified under (D) of this section, if time without temperature control is used as the public health control for a working supply of time/temperature control for safety food before cooking, or for ready-to-eat time/temperature control for safety food that is displayed or held for sale or service:

(1) Written procedures shall be prepared in advance, maintained in the retail food establishment and made available to the Department upon request that specify: ^Pf

(a) Methods of compliance with (B)(1) through (3) or (C)(1) through (5) of this section; ^Pf and

(b) Methods of compliance with 3-501.14 for food that is prepared, cooked, and refrigerated before time is used as a public health control. ^Pf

(B) If time without temperature control is used as the public health control up to a maximum of four (4) hours:

(1) The food shall have an initial temperature of 41 degrees F (5 degrees C) or less when removed from cold holding temperature control, or 135 degrees F (57 degrees C) or greater when removed from hot holding temperature control; ^P

(2) The food shall be marked or otherwise identified to indicate the time that is four (4) hours past the point in time when the food is removed from temperature control; ^Pf

(3) The food shall be cooked and served, served at any temperature if ready-to-eat, or discarded, within four (4) hours from the point in time when the food is removed from temperature control; ^P and

(4) The food in unmarked containers or packages, or marked to exceed a four (4) hour limit shall be discarded. ^P

(C) If time without temperature control is used as the public health control up to a maximum of six (6) hours:

(1) The food shall have an initial temperature of 41 degrees F (5 degrees C) or less when removed from temperature control and the food temperature may not exceed 70 degrees F (21 degrees C) within a maximum time period of six (6) hours; ^P

(2) The food shall be monitored to ensure the warmest portion of the food does not exceed 70 degrees F (21 degrees C) during the six (6) hour period, unless an ambient air temperature is maintained that ensures the food does not exceed 70 degrees F (21 degrees C) during the six (6) hour holding period;^Pf

(3) The food shall be marked or otherwise identified to indicate: ^Pf

(a) The time when the food is removed from 41 degrees F (5 degrees C) or less cold holding temperature control, ^Pf and

(b) The time that is six (6) hours past the point in time when the food is removed from cold holding temperature control; ^Pf

(4) The food shall be:

(a) Discarded if the temperature of the food exceeds 70 degrees F (21 degrees C),^P or

(b) Cooked and served, served at any temperature if ready-to-eat, or discarded within a maximum of six (6) hours from the point in time when the food is removed from 41 degrees F (5 degrees C) or less cold holding temperature control; ^P and

(5) The food in unmarked containers or packages, or marked with a time that exceeds the six (6) hour limit shall be discarded. ^P

(D) A retail food establishment that serves a highly susceptible population may not use time as specified under (A), (B), or (C) of this section as the public health control for raw eggs.

S.C. Code Regs. § 61-25.3-501

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.