20 CAR Part 192 — Food

Chapter I

Subchapter G

Subpart 1

20 CAR § 192-101 Condition {#sec-20-car-192-101 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-101}

20 CAR § 192-101. Condition.

Safe, unadulterated, and honestly presented.* Food shall be safe, unadulterated, and, as specified under 20 CAR § 192-602(b), honestly presented. ^P

Subpart 2

20 CAR § 192-201 Sources {#sec-20-car-192-201 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-201}

20 CAR § 192-201. Sources.

(a) Compliance with food law.*

(1) Food shall be obtained from sources that comply with law. ^P

(2) Except for non-time/temperature control for safety food sold in accordance with the Food Freedom Act, Arkansas Code § 20-57-501 et seq. (Arkansas Code § 20-57-504), food prepared in a private home may not be used or offered for human consumption in a retail food establishment.

(3) Packaged food shall be labeled as specified in law, including 21 C.F.R. pt. 101, Food labeling, 9 C.F.R. pt. 317, Labeling, marking devices, and containers, and 9 C.F.R. pt. 381, Subpart N — Labeling and containers, and as specified under 20 CAR § 192-202(g) and (h). ^Pf

(4) Fish, other than those specified in 20 CAR § 192-402(a)(2), that are intended for consumption in raw or undercooked form and allowed as specified in 20 CAR § 192-401(a)(4), may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under 20 CAR § 192-402(a), or if they are frozen on the premises as specified under 20 CAR § 192-402(a) and records are retained as specified under 20 CAR § 192-402(b).

(5) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in 20 CAR § 192-401(a)(3) shall be:

(A) Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steaks meet the definition of whole-muscle, intact beef; ^Pf or

(B) Deemed acceptable by the regulatory authority based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef; ^Pf and

(C) If individually cut in a retail food establishment:

(i) Cut from whole-muscle, intact beef that is labeled by a food processing plant as specified in subdivision (a)(5)(A) of this section or identified as specified in subdivision (a)(5)(B) of this section; ^Pf

(ii) Prepared so they remain intact; ^Pf and

(iii) If packaged for undercooking in a retail food establishment, labeled as specified in subdivision (a)(4)(A) of this section or identified as specified in subdivision (a)(4)(B) of this section. ^Pf

(6) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption shall be labeled to include safe handling instructions as specified in law, including 9 C.F.R. § 317.2(l) and 9 C.F.R. § 381.125(b).

(7) Shell eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 C.F.R. § 101.17(h).

(b) Food in a hermetically sealed container.* Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant. ^P

(c) Fluid milk and milk products.* Fluid milk and milk products shall be obtained from sources that comply with Grade “A” standards as specified in law. ^P

(d) Fish.*

(1) Fish that are received for sale or service shall be:

(A) Commercially and legally caught or harvested; ^P or

(B) Approved for sale or service. ^P

(2) Molluscan shellfish that are recreationally caught may not be received for sale or service. ^P

(e) Molluscan shellfish.*

(1) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish. ^P

(2) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List. ^P

(f) Wild mushrooms.* If wild mushrooms are to be sold, they must be:

(1) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the regulatory authority that has jurisdiction over the operation; ^Por

(2) Wild mushroom species in packaged form and are the product of a food processing plant that is regulated by the regulatory authority that has jurisdiction over the plant. ^P

(g) Game animals.*

(1) If game animals are received for sale or service they shall be:

(A) Commercially raised for food ^P and:

(i) Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction; ^P or

(ii) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; ^P and

(iii) Raised, slaughtered, and processed according to:

(a) Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program; ^P and

(b) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian’s designee; ^P

(B) Under a voluntary inspection program administered by the United States Department of Agriculture for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are “inspected and approved” in accordance with 9 C.F.R. pt. 352, Exotic animals and horses, voluntary inspection, or rabbits that are “inspected and certified” in accordance with 9 C.F.R. pt. 354, Voluntary inspection of rabbits and edible products thereof; ^P

(C) As allowed by law, for wild game animals that are live-caught:

(i) Under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction; ^P and

(ii) Slaughtered and processed according to:

(a) Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program; ^P and

(b) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian’s designee; ^P or

(D) As allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals:

(i) Receive a postmortem examination by an approved veterinarian or veterinarian's designee; ^P or

(ii) Are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program; ^P and

(iii) Are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program. ^P

(2) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 C.F.R. pt. 17, Endangered and threatened wildlife and plants.

20 CAR § 192-202 Specifications for receiving {#sec-20-car-192-202 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-202}

20 CAR § 192-202. Specifications for receiving.

(a) Temperature.*

(1) Except as specified in subdivision (a)(2) of this section, refrigerated, time/temperature control for safety food shall be at a temperature of five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or below when received. ^P

(2) If a temperature other than five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) for 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.

(3) Raw shell eggs shall be received in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7°C) (forty-five degrees Fahrenheit (45°F)) or less. ^P

(4) Time/temperature control for safety food that is cooked to a temperature and for a time specified under 20 CAR § 192-401(a) – (c) and received hot shall be at a temperature of fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) or above. ^P

(5) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen. ^Pf

(6) Upon receipt, time/temperature control for safety food shall be free of evidence of previous temperature abuse. ^Pf

(b) Additives.* Food may not contain unapproved food additives or additives that exceed amounts specified in 21 C.F.R. pts. 170 – 180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 C.F.R. pts. 181 – 186, substances that exceed amounts specified in 9 C.F.R. pt. 424, Subpart C, § 424.21(b), Food ingredients and sources of radiation, or pesticide residues that exceed provisions specified in 40 C.F.R. pt. 180, Tolerances and exemptions for pesticide chemical residues in food, and exceptions. ^P

(c) Eggs.* Eggs shall be received clean and sound and may 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 the United States Department of Agriculture. ^P

(d) Eggs and milk products — Pasteurized.*

(1) Egg products shall be obtained pasteurized. ^P

(2) Fluid and dry milk and milk products shall:

(A) Be obtained pasteurized; ^P and

(B) Comply with Grade “A” standards as specified in law. ^P

(3) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 C.F.R. pt. 135, Frozen desserts. ^P

(4) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the Code of Federal Regulations, such as 21 C.F.R. pt. 133, Cheeses and related cheese products, for curing certain cheese varieties. ^P

(e) Package 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

(f) Ice.* Ice for use as a food or a cooling medium shall be made from drinking water. ^P

(g) Shucked shellfish, packaging, and identification.

(1) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the: ^Pf

(A) Name, address, and certification number of the shucker-packer or repacker of the molluscan shellfish; ^Pf and

(B) The sell-by or best-used-by date for packages with a capacity of less than one and eighty-nine hundredths liters (1.89 L) or one-half gallon (1/2 gal.) or the date shucked for packages with a capacity of one and eighty-nine hundredths liters (1.89 L) or one-half gallon (1/2 gal.) or more. ^Pf

(2) 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 subdivision (g)(1) of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 C.F.R. pt. 1240, Subpart D — Specific administrative decisions regarding interstate shipments, § 1240.60(d), Molluscan shellfish.

(h) Shellstock identification.*

(1) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each 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

(A) Except as specified under subdivision (h)(3) of this section, on the harvester's tag or label, the following information in the following order: ^Pf

(i) The harvester's identification number that is assigned by the shellfish control authority; ^Pf

(ii) The date of harvesting; ^Pf

(iii) 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

(iv) The type and quantity of shellfish; ^Pf and

(v) 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 90 DAYS."; ^Pf and

(B) Except as specified in subdivision (h)(4) of this section, on each dealer's tag or label, the following information in the following order: ^Pf

(i) The dealer's name and address, and the certification number assigned by the shellfish control authority; ^Pf

(ii) The original shipper's certification number, including the abbreviation of the name of the state or country in which the shellfish are harvested; ^Pf

(iii) The same information as specified for a harvester's tag under subdivision (h)(1)(A)(ii) – (iv) of this section; ^Pf and

(iv) The following statement in bold, capitalized type, “THIS TAG IS ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS.” ^Pf

(2) 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 subdivision (h)(1) of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 C.F.R. pt. 1240, Subpart D — Specific administrative decisions regarding interstate shipments, § 1240.60(d).

(3) 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.

(4) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under subdivision (h)(1)(B)(i) and (ii) of this section, individual dealer tags or labels need not be provided.

(i) Shellstock — Condition.

(1) When received by a retail food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells.

(2) Dead shellfish or shellstock with badly broken shells shall be discarded.

(j) Juice treated. Prepackaged juice shall be obtained:

(1) From a processor with an HACCP system as specified in 21 C.F.R. pt. 120, Hazard analysis and critical control point (HACCP) systems; ^Pf and

(2) Pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 C.F.R. § 120.24, Process controls. ^P

20 CAR § 192-203 Original containers and records {#sec-20-car-192-203 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-203}

20 CAR § 192-203. Original containers and records.

(a) Molluscan shellfish — Original container.

(1) Except as specified in subdivision (a)(2) of this section, molluscan shellfish may not be removed from the lot in which they are received other than immediately before sale or preparation for service.

(2) For display purposes, shellstock may be removed from the lot in which they are received, displayed on drained ice, or held in a display lot, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

(A) The source of the shellstock on display is identified as specified under 20 CAR § 192-202(h) and recorded as specified under subsection (b) of this section; and

(B) The shellstock are protected from contamination.

(3) Shucked shellfish may be removed from the lot in which they were received and held in a display container from which individual servings are dispensed upon a consumer’s request if the:

(A) Labeling information for the shellfish on display as specified under 20 CAR § 192-202(g) is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

(B) Shellfish are protected from contamination.

(b) Shellstock, maintaining identification.*

(1) Except as specified under subdivision (b)(3)(B) of this section, shellstock tags shall remain attached to the lot in which the shellstock are received until the container is empty. ^Pf

(2) The date when the last shellstock from the container is sold or served shall be recorded on the tag or label. ^Pf

(3) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for ninety (90) calendar days from the date that is recorded on the tag or label, as specified under subdivision (b)(2) of this section, by: ^Pf

(A) Using an approved recordkeeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified under subdivision (b)(2) of this section; ^Pf and

(B) If shellstock are removed from their tagged or labeled container:

(i) Preserving source identification by using a recordkeeping system as specified under subdivision (b)(3)(A) of this section; ^Pf and

(ii) Ensuring that shellstock from one (1) tagged or labeled container are not commingled with shellstock from another container with different certification numbers, different harvest dates, or different growing areas as identified on the tag or label before being ordered by the consumer. ^Pf

Subpart 3

20 CAR § 192-301 Preventing contamination by employees {#sec-20-car-192-301 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-301}

20 CAR § 192-301. Preventing contamination by employees.

(a) Preventing contamination from hands.*

(1) Food employees shall wash their hands as specified under 20 CAR § 191-301(b).

(2) Except when washing fruits and vegetables as specified under 20 CAR § 192-302(d), or as specified in subdivisions (a)(4) and (5) of this section, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment. ^P

(3) Food employees shall minimize bare-hand and arm contact with exposed food that is not in a ready-to-eat form. ^Pf

(4) Subdivision (a)(2) of this section does not apply to a food employee that contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that:

(A) Contains a raw animal food and is to be cooked in the retail food establishment to heat all parts of the food to the minimum temperatures specified in 20 CAR § 192-401(a)(1) and (2) or 20 CAR § 192-401(b); or

(B) Does not contain a raw animal food but is to be cooked in the retail food establishment to heat all parts of the food to a temperature of at least sixty-three degrees Celsius (63⁰C) (one hundred forty-five degrees Fahrenheit (145⁰F)).

(5) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if:

(A) The permit holder obtains prior approval from the regulatory authority;

(B) Written procedures are maintained in the retail food establishment and made available to the regulatory authority upon request that include:

(i) For each bare-hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands; and

(ii) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under 20 CAR § 194-203(a), 20 CAR § 194-204(a), 20 CAR § 194-205(a), 20 CAR § 195-301(a), 20 CAR § 195-301(b), and 20 CAR § 195-301(d), are in an easily accessible location and in close proximity to the workstation where the bare-hand contact procedure is conducted;

(C) A written employee health policy that details how the retail food establishment complies with 20 CAR § 191-201(a), (b), and (c), including:

(i) Documentation that food employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified under 20 CAR § 191-201(a)(1);

(ii) Documentation that food employees acknowledge their responsibilities as specified under 20 CAR § 191-201(a)(5) and (6); and

(iii) Documentation that the person in charge acknowledges the responsibilities as specified under 20 CAR § 191-201(a)(2), (3), (4), (b), and (c);

(D) Documentation that food employees acknowledge that they have received training in:

(i) The risks of contacting the specific ready-to-eat foods with bare hands;

(ii) Proper hand washing as specified under 20 CAR § 191-301(b);

(iii) When to wash their hands as specified under 20 CAR § 191-301(d);

(iv) Where to wash their hands as specified under 20 CAR § 191-301(e);

(v) Proper fingernail maintenance as specified under 20 CAR § 191-302;

(vi) Prohibition of jewelry as specified under 20 CAR § 191-303; and

(vii) Good hygienic practices as specified under 20 CAR § 191-401(a) and (b);

(E) Documentation that hands are washed before food preparation and as necessary to prevent cross-contamination by food employees as specified under 20 CAR § 191-301(a), (b), (c), and (d) during all hours of operation when the specific ready-to-eat foods are prepared;

(F) Documentation that food employees contacting ready-to-eat food with bare hands use two (2) or more of the following control measures to provide additional safeguards to hazards associated with bare-hand contact:

(i) Double hand washing;

(ii) Nail brushes;

(iii) A hand antiseptic after hand washing as specified under 20 CAR § 191-301(f);

(iv) Incentive programs such as paid sick leave that assist or encourage food employees not to work when they are ill; or

(v) Other control measures approved by the regulatory authority; and

(G) Documentation that corrective action is taken when subdivisions (a)(5)(A) – (F) of this section are not followed.

(b) Preventing contamination when tasting.* A food employee may not use a utensil more than once to taste food that is to be sold or served. ^P

20 CAR § 192-302 Preventing food and ingredient contamination {#sec-20-car-192-302 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-302}

20 CAR § 192-302. Preventing food and ingredient contamination.

(a) Packaged and unpackaged food — Separation, packaging, and segregation.*

(1) Food shall be protected from cross-contamination by:

(A)(i) Except as specified by subdivision (a)(1)(A)(ii) of this section, separating raw animal foods during storage, preparation, holding, and display from:

(a) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as vegetables; ^P and

(b) Cooked ready-to-eat food; ^P

(ii) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food;

(B) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

(i) Using separate equipment for each type; ^P or

(ii) Arranging each type of food in equipment so that cross-contamination of one (1) type with another is prevented; ^P and

(iii) Preparing each type of food at different times or in separate areas; ^P

(C) Cleaning equipment and utensils as specified under 20 CAR § 193-602(a)(1)(A) and sanitizing as specified under 20 CAR § 193-703;

(D) Except as specified in 20 CAR § 192-501(f)(2) and in subdivision (a)(2) of this section, storing the food in packages, covered containers, or wrappings;

(E) Cleaning hermetically sealed containers of food or visible soil before opening;

(F) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(G) Storing damaged, spoiled, or recalled food being held in the retail food establishment as specified under 20 CAR § 195-404; and

(H) Separating fruits and vegetables before they are washed as specified under subsection (e) of this section from ready-to-eat food.

(2) Subdivision (a)(1)(D) of this section does not apply to:

(A) Whole, uncut, raw fruits and vegetables and nuts in the shell that require peeling or hulling before consumption;

(B) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;

(C) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

(D) Food being cooled as specified under 20 CAR § 192-501(e)(2)(B); or

(E) Shellstock.

(b) Food storage containers — Identified with common name of food. Except for containers holding food that can be readily and unmistakably recognized, such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the retail food establishment such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food.

(c) Pasteurized eggs — Substitute for raw shell eggs for certain recipes.* Pasteurized eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not:

(1) Cooked as specified under 20 CAR § 192-401(a)(1)(A) or 20 CAR § 192-401(a)(1)(B); ^P or

(2) Included in 20 CAR § 192-401(a)(4). ^P

(d) Protection from unapproved additives.*

(1) Food shall be protected from contamination that may result from the addition of, as specified in 20 CAR § 192-202(b):

(A) Unsafe or unapproved food or color additives; ^P and

(B) Unsafe or unapproved levels of approved food and color additives. ^P

(2) A food employee may not:

(A) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; ^P or

(B) Except for grapes, serve or sell food specified under subdivision (d)(2)(A) of this section that is treated with sulfiting agents before receipt by the retail food establishment. ^P

(e) Washing fruits and vegetables.

(1) Except as specified in subdivision (e)(2) of this section and except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form.

(2) Fruits and vegetables may be washed by using chemicals as specified under 20 CAR § 196-204(b).

(3) Devices used for on-site generation of chemicals meeting the requirements specified in 21 C.F.R. § 173.315, Chemicals used in washing or to assist in the peeling of fruits and vegetables, shall be used in accordance with the manufacturer’s instructions.

20 CAR § 192-303 Preventing contamination from ice used as a coolant {#sec-20-car-192-303 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-303}

20 CAR § 192-303. Preventing contamination from ice used as a coolant.

(a) Ice used as exterior coolant prohibited as ingredient. After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as food. ^P

(b) Storage or display of food in contact with water or ice. Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

(1) Except as specified in subdivisions (b)(2) and (3) of this section, unpackaged food may not be stored in direct contact with undrained ice.

(2) Whole, raw fruits or vegetables, cut, raw vegetables such as celery or carrot sticks or cut potatoes, and tofu may be immersed in ice or water.

(3) Raw poultry and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

20 CAR § 192-304 Preventing contamination from equipment, utensils, and linens {#sec-20-car-192-304 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-304}

20 CAR § 192-304. Preventing contamination from equipment, utensils, and linens.

(a) Food contact with equipment and utensils.*

(1) Food shall only contact surfaces of:

(A) Equipment and utensils that are cleaned as specified under 20 CAR § 193-601 et seq., and sanitized as specified under 20 CAR § 193-701 et seq.; ^P or

(B) Single-service and single-use articles. ^P

(2) Linens, such as cloth napkins, as specified under subsection (c) of this section that are laundered as specified under 20 CAR § 193-801 et seq.

(b) In-use utensils — Between-use storage. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

(1) Except as specified under subdivision (b)(2) of this section, in the food with their handles above the top of the food and the container;

(2) In food that is not time/temperature control for safety food with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;

(3) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under 20 CAR § 193-602(a) and 20 CAR § 193-702;

(4) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

(5) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not time/temperature control for safety food; or

(6) In a container of water if the water is maintained at a temperature of at least fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) and the container is cleaned at a frequency specified under 20 CAR § 193-602(a)(4)(G).

(c) Linens and napkins — Use limitation. Linens, such as cloth napkins, may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.

(d) Wiping cloths — Use limitation.

(1) Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

(A) Maintained dry; and

(B) Used for no other purpose.

(2) Cloths in-use for wiping counters and other equipment surfaces shall be:

(A) Held between uses in a chemical sanitizer solution at a concentration specified under 20 CAR § 193-501(n); and

(B) Laundered daily as specified under 20 CAR § 193-802(d).

(3) Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.

(4) Dry wiping cloths and the chemical sanitizing solutions specified in subdivision (d)(2)(A) of this section in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

(5) Containers of chemical sanitizing solutions specified in subdivision (d)(2)(A) of this section in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service articles, or single-use articles.

(6) Single-use disposable sanitizer wipes shall be used in accordance with Environmental Protection Agency-approved manufacturer's label use instructions.

(e) Gloves — Use limitation.

(1) If used, single-use gloves shall be used for only one (1) task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation. ^P

(2) Except as specified in subdivision (e)(3) of this section, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under 20 CAR § 192-401 et seq., such as frozen food or a primal cut of meat.

(3) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface, or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

(4) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under 20 CAR § 192-401 et seq., such as frozen food or a primal cut of meat.

(f) Using clean tableware for second portions and refills.

(1) Except for refilling a consumer’s drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills.

(2) Except as specified in subdivision (f)(3) of this section, self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.

(3) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under 20 CAR § 193-204(c)(1), (2), and (3).

(g) Refilling returnables.

(1) Except as specified in subdivisions (g)(2) – (5) of this section, empty containers returned to a retail food establishment for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant. ^P

(2) A take-home food container returned to a retail food establishment may be refilled at a food establishment with food if the food container is:

(A) Designed and constructed for reuse and in accordance with the requirements specified under 20 CAR § 193-101 et seq., and 20 CAR § 193-201 et seq.; ^P

(B) One that was initially provided by the retail food establishment to the consumer, either empty or filled with food by the retail food establishment, for the purpose of being returned for reuse;

(C) Returned to the retail food establishment by the consumer after use; and

(D) Subject to the following steps before being refilled with food:

(i) Cleaned as specified under 20 CAR § 193-601 et seq.;

(ii) Sanitized as specified under 20 CAR § 193-701 et seq.; ^P and

(iii) Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under 20 CAR § 193-101 et seq., and 20 CAR § 193-201 et seq. ^P

(3) A take-home food container returned to a retail food establishment may be refilled at a retail food establishment with beverage if:

(A) The beverage is not a time/temperature control for safety food;

(B) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the retail food establishment;

(C) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;

(D) The consumer-owned container returned to the retail food establishment for refilling is refilled for sale or service only to the same consumer; and

(E) The container is refilled by:

(i) An employee of the retail food establishment; or

(ii) The owner of the container if the beverage system includes a contamination-free transfer process as specified under 20 CAR § 193-204(c)(1), (2), and (4), that cannot be bypassed by the container owner.

(4) Consumer-owned, personal take-out beverage containers such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under 20 CAR § 193-204(c)(1), (2), and (4).

(5) Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.

20 CAR § 192-305 Preventing contamination from the premises {#sec-20-car-192-305 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-305}

20 CAR § 192-305. Preventing contamination from the premises.

(a) Food storage.

(1) Except as specified in subdivision (a)(2) and (3) of this section, food shall be protected from contamination by storing the food:

(A) In a clean, dry location;

(B) Where it is not exposed to splash, dust, or other contamination; and

(C) At least fifteen centimeters (15 cm) or six inches (6”) above the floor.

(2) Food in packages and working containers may be stored fewer than fifteen centimeters (15 cm) or six inches (6”) above the floor on case lot handling equipment as specified under 20 CAR § 193-204(l).

(3) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

(b) Food storage — Prohibited areas. Food may not be stored:

(1) In locker rooms;

(2) In toilet rooms;

(3) In dressing rooms;

(4) In garbage rooms;

(5) In mechanical rooms;

(6) Under sewer lines that are not shielded to intercept potential drips;

(7) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

(8) Under open stairwells; or

(9) Under other sources of contamination.

(c) Vended potentially hazardous food (time/temperature control for safety food) — Original container. Time/temperature control for safety food dispensed through a vending machine shall be in the package in which it was placed at the retail food establishment or food processing plant at which it was prepared.

(d) Food preparation. During preparation, unpackaged food shall be protected from environmental sources of contamination.

20 CAR § 192-306 Preventing contamination by consumers {#sec-20-car-192-306 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-306}

20 CAR § 192-306. Preventing contamination by consumers.

(a) Food display. Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging, counter, service line, or salad bar food guards, display cases, or other effective means. ^P

(b) Condiments — Protection.

(1) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.

(2) Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at an approved location, such as the retail food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.

(c) Consumer self-service operations.*

(1)(A) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. ^P

(B) This paragraph does not apply to:

(i) Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;

(ii) Ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue; or

(iii) Raw, frozen, shell-on shrimp or lobster.

(2) Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination. ^Pf

(3) Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures. ^Pf

(d) Returned food and reservice of food.*

(1) Except as specified in subdivision (d)(2) of this section, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption. ^P

(2) Except as specified under 20 CAR § 192-801(7), a container of food that is not time/temperature control for safety food may be re-served from one (1) consumer to another if:

(A) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(B) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

20 CAR § 192-307 Preventing contamination from other sources — Miscellaneous sources of contamination {#sec-20-car-192-307 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-307}

20 CAR § 192-307. Preventing contamination from other sources — Miscellaneous sources of contamination.

(a) Food shall be protected from contamination that may result from a factor or source not specified under 20 CAR §§ 192-301 – 192-306.

(b)(1) In the event of a fire, flood, power outage, or similar event that might result in the contamination of food, that might prevent time/temperature control for safety food from being held at required temperatures, the person in charge shall contact the regulatory authority prior to reopening.

(2) Upon receiving notice of this occurrence, the regulatory authority shall take whatever action it deems necessary to protect the public health.

Subpart 4

20 CAR § 192-401 Cooking {#sec-20-car-192-401 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-401}

20 CAR § 192-401. Cooking.

(a) Raw animal foods.*

(1) Except as specified under subdivisions (a)(2) – (4) of this section, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time that complies with one (1) of the following methods based on the food that is being cooked:

(A) Sixty-three degrees Celsius (63°C) (one hundred forty-five degrees Fahrenheit (145°F)) or above for fifteen (15) seconds for: ^P

(i) Raw eggs that are broken and prepared in response to a consumer’s order and for immediate service; ^P and

(ii) Except as specified under subdivisions (a)(1)(B), (C), and (a)(2) of this section, fish and meat including game animals commercially raised for food as specified under 20 CAR § 192-201(g)(1)(A) and game animals under a voluntary inspection program as specified under 20 CAR § 192-201(g)(1)(B); ^P

(B) Sixty-eight degrees Celsius (68°C) (one hundred fifty-five degrees Fahrenheit (155°F)) for fifteen (15) seconds or the temperature specified in the following chart that corresponds to the holding time for ratites, mechanically tenderized and injected meats, the following if they are comminuted, fish, meat, game animals commercially raised for food as specified under 20 CAR § 192-201(g)(1)(A), and game animals under a voluntary inspection program as specified under 20 CAR § 192-201(g)(1)(B), and raw eggs that are not prepared as specified under 20 CAR § 192-201(g)(1)(A)(i): ^P

; or

(C) Seventy-four degrees Celsius (74°C) (one hundred sixty-five degrees Fahrenheit (165°F)) or above for fifteen (15) seconds for poultry, baluts, wild game animals as specified under 20 CAR § 192-201(g)(1)(C) and (D), stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites. ^P

(2) Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked:

(A) In an oven that is preheated to the temperature specified for the roast's weight in the following chart and that is held at that temperature: ^Pf

; and

(B) As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature: ^P

(3) A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:

(A) The retail food establishment serves a population that is not a highly susceptible population;

(B) The steak is labeled to indicate that it meets the definition of “whole-muscle, intact beef” as specified under 20 CAR § 192-201(a)(4); and

(C) The steak is cooked on both the top and bottom to a surface temperature of sixty-three degrees Celsius (63°C) (one hundred forty-five degrees Fahrenheit (145°F)) or above and a cooked color change is achieved on all external surfaces.

(4) A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare, or a partially cooked food such as lightly cooked fish, soft-cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subdivision (a)(2)(C) of this section, may be served or offered for sale in a ready-to-eat form if:

(A) As specified under 20 CAR § 192-801(3)(A) and (B), the retail food establishment serves a population that is not a highly susceptible population; and

(B) The food, if served or offered for service by consumer selection from a children's menu, does not contain comminuted meat; ^Pf and

(C) The consumer is informed as specified under 20 CAR § 192-603 that to ensure its safety, the food should be cooked as specified under subdivisions (a)(1) or (a)(2) of this section; or

(D) The regulatory authority grants a variance from subdivisions (a)(1) or (a)(2) of this section as specified in 20 CAR § 197-103(a) based on an HACCP plan that:

(i) Is submitted by the permit holder and approved as specified under 20 CAR § 197-103(a);

(ii) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food; and

(iii) Verifies that equipment and procedures for food preparation and training of food employees at the retail food establishment meet the conditions of the variance.

(b) Microwave cooking.* Raw animal foods cooked in a microwave oven shall be:

(1) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(2) Covered to retain surface moisture;

(3) Heated to a temperature of at least seventy-four degrees Celsius (74°C) (one hundred sixty-five degrees Fahrenheit (165°F)) in all parts of the food; ^P and

(4) Allowed to stand covered for two (2) minutes after cooking to obtain temperature equilibrium.

(c) Plant food cooking for hot holding. Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)). ^Pf

(d) Noncontinuous cooking of raw animal foods. Raw animal foods that are cooked using a noncontinuous cooking process shall be:

(1) Subject to an initial heating process that is no longer than sixty (60) minutes in duration; ^P

(2) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked time/temperature control for safety food under 20 CAR § 192-501(d)(1); ^P

(3) After cooling, held frozen or cold, as specified for time/temperature control for safety food under 20 CAR § 192-501(f)(1)(B); ^P

(4) Prior to sale or service, cooked using a process that heats all parts of the food to a temperature and for a time as specified under subdivisions (a)(1) – (3); ^P

(5) Cooled according to the time and temperature parameters specified for cooked time/temperature control for safety food under 20 CAR § 192-501(d)(1) if not either hot held as specified under 20 CAR § 192-501(f)(1), served immediately, or held using time as a public health control as specified under 20 CAR § 192-501(h) after complete cooking; ^P and

(6) Prepared and stored according to written procedures that:

(A) Have obtained prior approval from the regulatory authority; ^Pf

(B) Are maintained in the retail food establishment and are available to the regulatory authority upon request; ^Pf

(C) Describe how the requirements specified under subsection (d)(1) – (5) of this section are to be monitored and documented by the permit holder and the corrective actions to be taken if the requirements are not met; ^Pf

(D) Describe how the foods, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified under subdivision (d)(4) of this section prior to being offered for sale or service; ^Pf and

(E) Describe how the foods, after initial heating but prior to cooking as specified under subdivision (d)(4) of this section, are to be separated from ready-to-eat foods as specified under 20 CAR § 192-302(a)(1). ^Pf

20 CAR § 192-402 Freezing {#sec-20-car-192-402 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-402}

20 CAR § 192-402. Freezing.

(a) Parasite destruction.*

(1) Except as specified in subdivision (a)(2) of this section, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish shall be:

(A) Frozen and stored at a temperature of negative twenty degrees Celsius (-20°C) (negative four degrees Fahrenheit (-4°F)) or below for one hundred sixty-eight (168) hours (seven (7) days) in a freezer; ^P

(B) Frozen at negative thirty-five degrees Celsius (-35°C) (negative thirty-one degrees Fahrenheit (-31°F)) or below until solid and stored at negative thirty-five degrees Celsius (-35°C) (negative thirty-one degrees Fahrenheit (-31°F)) or below for a minimum of fifteen (15) hours; ^P or

(C) Frozen at negative thirty-five degrees Celsius (-35°C) (negative thirty-one degrees Fahrenheit (-31°F)) or below until solid and stored at negative twenty degrees Celsius (-20°C) (negative four degrees Fahrenheit (-4°F)) or below for a minimum of twenty-four (24) hours. ^P

(2) Subdivision (a)(1) of this section does not apply to:

(A) Molluscan shellfish;

(B) A scallop product consisting only of the shucked adductor muscle;

(C) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern);

(D) Aquacultured fish, such as salmon, that:

(i) If raised in open water, are raised in net-pens; or

(ii) Are raised in land-based operations such as ponds or tanks; and

(iii) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish; or

(E) Fish eggs that have been removed from the skein and rinsed.

(b) Records — Creation and retention.

(1) Except as specified in subdivisions (a)(2) and (b)(2) of this section, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records in the retail food establishment for ninety (90) calendar days beyond the time of service or sale of the fish. ^Pf

(2) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under subsection (a) of this section may substitute for the records specified under subdivision (b)(1) of this section.

(3) If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in subdivision (a)(2)(C) of this section, a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in subdivision (a)(2)(C) of this section shall be obtained by the person in charge and retained in the records of the retail food establishment for ninety (90) calendar days beyond the time of service or sale of the fish. ^Pf

(c) Preparation for immediate service. Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.

20 CAR § 192-403 Reheating — Reheating for hot holding* {#sec-20-car-192-403 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-403}

20 CAR § 192-403. Reheating — Reheating for hot holding.*

(a) Except as specified under subsections (b), (c), and (e) of this section, time/temperature control for safety food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least seventy-four degrees Celsius (74°C) (one hundred sixty-five degrees Fahrenheit (165°F)) for fifteen (15) seconds. ^P

(b) Except as specified under subsection (c) of this section, time/temperature control for safety food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least seventy-four degrees Celsius (74°C) (one hundred sixty-five degrees Fahrenheit (165°F)) and the food is rotated or stirred, covered, and allowed to stand covered for two (2) minutes after reheating. ^P

(c) Ready-to-eat time/temperature control for safety food that has been commercially processed and packaged in a food processing plant that is inspected by the regulatory authority that has jurisdiction over the plant shall be heated to a temperature of at least fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) when being reheated for hot holding. ^P

(d) Reheating for hot holding as specified under subsections (a) – (c) of this section shall be done rapidly and the time the food is between five degrees Celsius (5⁰C) (forty-one degrees Fahrenheit (41⁰F)) and the temperatures specified under subsections (a) – (c) of this section may not exceed two (2) hours. ^P

(e) Remaining unsliced portions of meat roasts that are cooked as specified under 20 CAR § 192-401(a)(2) may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under 20 CAR § 192-401(a)(2).

20 CAR § 192-404 Other methods {#sec-20-car-192-404 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-404}

20 CAR § 192-404. Other methods.

Treating juice. Juice packaged in a retail food establishment shall be:

(1) Treated under an HACCP plan as specified in 20 CAR § 197-201(b)(6) to attain a 5-log reduction, which is equal to a ninety-nine and nine hundred ninety-nine thousandths percent (99.999%) reduction of the most resistant microorganism of public health significance; ^P or

(2) Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of public health significance: ^Pf

(A) As specified under 20 CAR § 192-602(a); ^Pf and

(B) As specified in 21 C.F.R. § 101.17(g), Food labeling warning, notice, and safe handling statements, Juices, that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens, with the following, “WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.” ^Pf

Subpart 5

20 CAR § 192-501 Temperature and time control {#sec-20-car-192-501 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-501}

20 CAR § 192-501. Temperature and time control.

(a) Frozen food. Stored frozen foods shall be maintained frozen.

(b) Time/temperature control for safety food — Slacking. Frozen time/temperature control for safety food that is slacked to moderate the temperature shall be held:

(1) Under refrigeration that maintains the food temperature at five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less, or at five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less; or

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

(c) Thawing.

(1) Except as specified in subdivision (c)(4) of this section, time/temperature control for safety food shall be thawed:

(A) Under refrigeration that maintains the food temperature at five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less;

(B) Completely submerged under running water:

(i) At a water temperature of twenty-one degrees Celsius (21°C) (seventy degrees Fahrenheit (70°F)) or below;

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

(iii) For a period of time that does not allow thawed portions of ready-to-eat food to rise above five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)); or

(iv) For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified under 20 CAR § 192-401(a)(1) or (a)(2) to be above five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) 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 five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F));

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

(i) Cooked as specified under 20 CAR § 192-401(a)(1), (a)(2), or (b); or

(ii) 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.

(2) 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:

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

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

(d) Cooling.*

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

(A) Within two (2) hours from fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) to twenty-one degrees Celsius (21°C) (seventy degrees Fahrenheit (70°F)); ^P and

(B) Within six (6) hours from fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) to five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less. ^P

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

(3) Except as specified in subdivision (d)(4) of this section, a time/temperature control for safety food received in compliance with laws allowing a temperature above five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) during shipment from the supplier as specified in 20 CAR § 192-202(a)(2), shall be cooled within four (4) hours to five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less. ^P

(4) Raw eggs shall be received as specified under 20 CAR § 192-202(a)(3) and immediately placed in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7°C) (forty-five degrees Fahrenheit (45°F)) or less. ^P

(e) Cooling methods.

(1) Cooling shall be accomplished in accordance with the time and temperature criteria specified under subsection (d) of this section by using one (1) or more of the following methods based on the type of food being cooled:

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

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

(C) Using rapid cooling equipment; ^Pf

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

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

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

(G) Other effective methods. ^Pf

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

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

(B) Loosely covered, or uncovered if protected from overhead contamination as specified under 20 CAR § 192-305(a)(1)(B), during the cooling period to facilitate heat transfer from the surface of the food.

(f) Time/temperature control for safety food — Hot and cold holding.*

(1) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified in subsection (i) of this section, and except as specified in subdivision (f)(2) and (3) of this section, time/temperature control for safety food shall be maintained:

(A) At fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) or above, except that roasts cooked to a temperature and for a time specified in 20 CAR § 192-401(a)(2) or reheated as specified in 20 CAR § 192-403(e) may be held at a temperature of fifty-four degrees Celsius (54°C) (one hundred thirty degrees Fahrenheit (130°F)) or above; ^P or

(B) At five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less. ^P

(2) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7°C) (forty-five degrees Fahrenheit (45°F)) or less. ^P

(3) Time/temperature control for safety food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under subdivision (f)(1) of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified under 20 CAR § 193-204(c)(5).

(g) Ready-to-eat time/temperature control for safety food date marking.*

(1)(A) Except when packaging food using a reduced oxygen packaging method as specified under 20 CAR § 192-503, and except as specified in subdivisions (g)(5) and (6) 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 five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less for a maximum of seven (7) days.

(B) The day of preparation shall be counted as Day 1. ^Pf

(2) Except as specified in subdivisions (g)(5) and (7) 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 specified in subdivision (g)(1) of this section and: ^Pf

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

(B) 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

(3) 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

(4) A date marking system that meets the criteria stated in subdivisions (g)(1) and (2) of this section may include:

(A) Using a method approved by the regulatory authority 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;

(B) 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 subdivision (g)(1) of this section;

(C) 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 subdivision (g)(2) of this section; or

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

(5) Subdivisions (g)(1) and (2) of this section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

(6) Subdivisions (g)(1) and (2) of this section do not apply to shellstock.

(7) Subdivision (g)(2) of this section does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

(A) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 C.F.R. pt. 110, Current good manufacturing practice in manufacturing, packing, or holding human food;

(B) Hard cheeses containing not more than thirty-nine percent (39%) moisture as defined in 21 C.F.R. pt. 133, Cheeses and related cheese products, such as cheddar, gruyere, Parmesan and Reggiano, and Romano;

(C) Semisoft cheeses containing more than thirty-nine percent (39%) moisture, but not more than fifty percent (50%) moisture, as defined in 21 C.F.R. pt. 133, Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and Monterey Jack;

(D) Cultured dairy products as defined in 21 C.F.R. pt. 131, Milk and cream, such as yogurt, sour cream, and buttermilk;

(E) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 C.F.R. pt. 114, Acidified foods;

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

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

(h) Ready-to-eat time/temperature control for safety food — Disposition.*

(1) A food specified in subdivisions (g)(1) or (g)(2) of this section shall be discarded if it:

(A) Exceeds the temperature and time combination specified in subdivision (g)(1) of this section, 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 subdivision (g)(1) of this section. ^P

(2) Refrigerated, ready-to-eat time/temperature control for safety food prepared in a retail food establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds a temperature and time combination as specified in subdivision (g)(1) of this section. ^P

(i) Time as a public health control.*

(1) Except as specified under subdivision (i)(4) 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, written procedures shall be prepared in advance, maintained in the retail food establishment and made available to the regulatory authority upon request that specify: ^Pf

(A) Methods of compliance with subdivisions (i)(3)(A) – (C) or (i)(4) of this section; ^Pf and

(B) Methods of compliance with subsection (d) of this section for food that is prepared, cooked, and refrigerated before time is used as a public health control. ^Pf

(2) If time/temperature control is used as the public health control up to a maximum of four (4) hours.

(3) Time — Maximum up to four (4) hours.

(A) The food shall have an initial temperature of five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less when removed from cold holding temperature control, or fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) or greater when removed from hot holding temperature control; ^P

(B) 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

(C) 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

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

(4) A retail food establishment that serves a highly susceptible population may not use time as specified under subdivisions (i)(3)(A) or (i)(3)(B) of this section as the public health control for raw eggs.

20 CAR § 192-502 Specialized processing methods {#sec-20-car-192-502 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-502}

20 CAR § 192-502. Specialized processing methods.

Variance requirement.* A retail food establishment shall obtain a variance from the regulatory authority as specified in 20 CAR § 197-103(a) and 20 CAR § 197-103(b) before: ^Pf

(1) Smoking food as a method of food preservation rather than as a method of flavor enhancement; ^Pf

(2) Curing food; ^Pf

(3) Using food additives or adding components such as vinegar: ^Pf

(A) As a method of food preservation rather than as a method of flavor enhancement; ^Pf or

(B) To render a food so that it is not time/temperature control for safety food; ^Pf

(4) Packaging time/temperature control for safety food using a reduced oxygen packaging method except where the growth of a toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified in 20 CAR § 192-503; ^Pf

(5) Operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption; ^Pf

(6) Custom processing animals that are for personal use as food and not for sale or service in a retail food establishment; ^Pf

(7) Preparing food by another method that is determined by the regulatory authority to require a variance; ^Pf or

(8) Sprouting seeds or beans. ^Pf

20 CAR § 192-503 Clostridium botulinum and Listeria monocytogenes controls — Reduced oxygen packaging without a variance — Criteria {#sec-20-car-192-503 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-503}

20 CAR § 192-503. Clostridium botulinum and Listeria monocytogenes controls — Reduced oxygen packaging without a variance — Criteria.

(a) Except for a retail food establishment that obtains a variance as specified under 20 CAR § 192-502, a retail food establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes. ^P

(b) Except as specified under subsection (f) of this section, a retail food establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall have an HACCP plan that contains the information specified under 20 CAR § 197-201(d)(2) and (4) and that: ^Pf

(1) Identifies the food to be packaged; ^Pf

(2) Except as specified under subsections (c) – (e) of this section, requires that the packaged food shall be maintained at five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less and meet at least one (1) of the following criteria: ^Pf

(A) Has an aw of ninety-one hundredths (0.91) or less; ^Pf

(B) Has a pH of four and six tenths (4.6) or less; ^Pf

(C) Is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture using substances specified in 9 C.F.R. § 424.21, Use of food ingredients and sources of radiation, and is received in an intact package; ^Pf or

(D) Is a food with a high level of competing organisms such as raw meat, raw poultry, or raw vegetables; ^Pf

(3) Describes how the package shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to: ^Pf

(A) Maintain the food at five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or below; ^Pf and

(B) Discard the food if within thirty (30) calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption; ^Pf

(4) Limits the refrigerated shelf life to no more than thirty (30) calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's sell-by or use-by date, whichever occurs first; ^Pand

(5) Includes operational procedures that:

(A) Prohibit contacting ready-to-eat food with bare hands, under 20 CAR § 192-301(a)(2); ^Pf

(B) Identify a designated work area and the method by which: ^Pf

(i) Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination; ^Pf and

(ii) Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation; ^Pf

(C) Delineate cleaning and sanitization procedures for food-contact surfaces; ^Pf

(D) Describe the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the: ^Pf

(i) Concepts required for a safe operation; ^Pf

(ii) Equipment and facilities; ^Pf and(5)

(iii) Procedures specified under subdivision (b)(5) of this section and 20 CAR § 197-201(d)(2) and (4); ^Pfand

(E) Are provided to the regulatory authority prior to implementation as specified under 20 CAR § 197-201(c)(2).

(c) Except for fish that is frozen before, during, and after packaging, a retail food establishment may not package fish using a reduced oxygen packaging method. ^P

(d) Except as specified under subsections (c) and (f) of this section, a retain food establishment that packages time/temperature control for safety food using a cook-chill or sous vide process shall:

(1) Provide to the regulatory authority before implementation an HACCP plan that contains the information as specified under 20 CAR § 197-201(d)(2) and (4); ^Pf

(2) Ensure the food is:

(A) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer; ^Pf

(B) Cooked to heat all parts of the food to a temperature and for a time as specified under 20 CAR § 192-401(a)(1) – (3); ^P

(C) Protected from contamination before and after cooking as specified under 20 CAR § 192-301 et seq., and 20 CAR § 192-401 et seq.; ^P

(D) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)); ^P

(E) Cooled to five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) in the sealed package or bag as specified under 20 CAR § 192-501(d) and: ^P

(i) Cooled to one degree Celsius (1°C) (thirty-four degrees Fahrenheit (34°F)) within forty-eight (48) hours of reaching five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) and held at that temperature until consumed or discarded within thirty (30) days after the date of packaging; ^P

(ii) Held at five degrees Celsius (5⁰C) (forty-one degrees Fahrenheit (41⁰F)) or less for no more than seven (7) days, at which time the food must be consumed or discarded; ^P or

(iii) Held frozen with no shelf-life restriction while frozen until consumed or used; ^P

(F) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily; ^Pf

(G) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation; ^Pf and

(H) Labeled with the product name and the date packaged; ^Pf

(3) Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP plan and:

(A) Make such records available to the regulatory authority upon request; ^Pf and

(B) Hold such records for at least six (6) months; ^Pf and

(4) Implement written operational procedures as specified under subdivision (b)(5) of this section and a training program as specified under (B)(6) of this section. ^Pf

(e) Except as specified under subsection (f) of this section, a retail food establishment that packages cheese using a reduced oxygen packaging method shall:

(1) Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the retail food establishment and that meet the standards of identity as specified in 21 C.F.R. § 133.150, Hard cheeses, 21 C.F.R. § 133.169, Pasteurized process cheese, or 21 C.F.R. § 133.187, Semisoft cheeses; ^P

(2) Have an HACCP plan that contains the information specified under 20 CAR § 197-201(d)(2) and (4) and as specified under subdivisions (b)(1), (b)(3)(A), and (b)(5) of this section; ^Pf

(3) Labels the package on the principal display panel with a use-by date that does not exceed thirty (30) days from its packaging or the original manufacturer's sell-by or use-by date, whichever occurs first; ^Pf and

(4) Discards the reduced-oxygen-packaged cheese if it is not sold for off-premises consumption or consumed within thirty (30) calendar days of its packaging. ^Pf

(f) An HACCP plan is not required when a retail food establishment uses a reduced oxygen packaging method to package time/temperature control for safety food that is always:

(1) Labeled with the production time and date;

(2) Held at five degrees Celsius (5⁰C) (forty-one degrees Fahrenheit (41⁰F)) or less during refrigerated storage; and

(3) Removed from its package in the retail food establishment within forty-eight (48) hours after packaging.

History

• Codification Notes: “HACCP” means hazard analysis and critical control point. Authorities: Arkansas Code § 20-56-219; Arkansas Code § 20-57-209

Subpart 6

20 CAR § 192-601 Accurate representation {#sec-20-car-192-601 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-601}

20 CAR § 192-601. Accurate representation.

(a) Standards of identity. Packaged food shall comply with standard of identity requirements in 21 C.F.R. pts. 131 – 169 and 9 C.F.R. pt. 319, Definitions and standards of identity or composition, and the general requirements in 21 C.F.R. pt. 130, Food standards: General, and 9 C.F.R. pt. 319, Subpart A — General.

(b) Honestly presented.

(1) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.

(2) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.

20 CAR § 192-602 Labeling {#sec-20-car-192-602 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-602}

20 CAR § 192-602. Labeling.

(a) Food labels.

(1) Food packaged in a retail food establishment shall be labeled as specified in law, including 21 C.F.R. pt. 101, Food labeling, and 9 C.F.R. pt. 317, Labeling, marking devices, and containers.

(2)(A) Label information shall include:

(i) The common name of the food, or, absent a common name, an adequately descriptive identity statement;

(ii) If made from two (2) or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;

(iii) An accurate declaration of the quantity of contents;

(iv) The name and place of business of the manufacturer, packer, or distributor; and

(v) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient. ^Pf

(B) Except as exempted in section 403(q)(3) – (5) of the Federal Food, Drug, and Cosmetic Act, nutrition labeling as specified in 21 C.F.R. pt. 101, Food labeling, and 9 C.F.R. pt. 317, Subpart B — Nutrition labeling.

(C) For any salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.

(3) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

(A) The manufacturer’s or processor’s label that was provided with the food; or

(B) A card, sign, or other method of notification that includes the information specified under subdivisions (a)(2)(A)(i), (ii), and (a)(2)(B) of this section.

(4) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(A) A health, nutrient content, or other claim is not made;

(B) There are no state or local laws requiring labeling; and

(C) The food is manufactured or prepared on the premises of the retail food establishment or another retail food establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

(b) Other forms of information.

(1) If required by law, consumer warnings shall be provided.

(2) Retail food establishment or manufacturers’ dating information on foods may not be concealed or altered.

History

• Codification Notes: Sections 403(q)(3) – (5) of the Food, Drug, and Cosmetic Act are codified at 21 U.S.C. § 343(q)(3) – (5). Authorities: Arkansas Code § 20-56-219; Arkansas Code § 20-57-209

20 CAR § 192-603 Consumer advisory — Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens {#sec-20-car-192-603 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-603}

20 CAR § 192-603. Consumer advisory — Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens.

(a) Except as specified in 20 CAR § 192-401(a)(3) and (a)(4)(D) and 20 CAR § 192-801(3), if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in subsections (b) and (c) of this section using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means. ^Pf

(b) Disclosure shall include:

(1) A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)", "raw-egg Caesar salad", and "hamburgers (can be cooked to order)"; ^Pf or

(2) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients. ^Pf

(c) Reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states:

(1) Regarding the safety of these items, written information is available upon request; ^Pf

(2) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness; ^Pf or

(3) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.

Subpart 7

20 CAR § 192-701 Disposition — Discarding or reconditioning unsafe, adulterated, or contaminated food* {#sec-20-car-192-701 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-701}

20 CAR § 192-701. Disposition — Discarding or reconditioning unsafe, adulterated, or contaminated food.*

(a) A food that is unsafe, adulterated, or not honestly presented as specified under 20 CAR § 192-101 shall be discarded or reconditioned according to an approved procedure. ^P

(b) Food that is not from an approved source as specified under 20 CAR § 192-201(a) – (g) shall be discarded. ^P

(c) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under 20 CAR § 191-201(b) shall be discarded. ^P

(d) Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded. ^P

Subpart 8

20 CAR § 192-801 Additional safeguards {#sec-20-car-192-801 omnilex-key=us-ar-regs-official--title-20-part-192--20 CAR § 192-801}

20 CAR § 192-801. Additional safeguards.

Pasteurized foods, prohibited reservice, and prohibited food.* In a retail 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, daycare 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 C.F.R. § 101.17(g), Food labeling, warning, notice, and safe handling statements, 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 20 CAR § 192-404(2) may not be served or offered for sale; ^P and

(C) Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under an HACCP plan that contains the information specified under 20 CAR § 197-201(d)(2) and (5) and as specified in 21 C.F.R. pt. 120, Hazard analysis and critical control point (HACCP) systems, Subpart B — Pathogen reduction, § 120.24, Process controls; ^P

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

(A) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages; ^P and

(B) Except as specified in subdivision (5) of this section, recipes in which more than one (1) egg is broken and the eggs are combined; ^P

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

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

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

(C) Raw seed sprouts; ^P

(4) Food employees may not contact ready-to-eat food as specified under 20 CAR § 192-301(a)(2) and (5); ^P

(5) Time only, as the public health control as specified under 20 CAR § 192-501(i)(4), may not be used for raw eggs; ^P

(6) Subdivision (2)(B) of this section does not apply if:

(A) The raw eggs are combined immediately before cooking for one (1) consumer’s serving at a single meal, cooked as specified under 20 CAR § 192-401(a)(1)(A), 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 an 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:

(a) Salmonella Enteritidis growth is controlled before and after cooking; and

(b) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in 20 CAR § 192-401(a)(1)(B);

(iv) Contains the information specified under 20 CAR § 197-201(d)(4) including procedures that:

(a) Control cross-contamination of ready-to-eat food with raw eggs; and

(b) 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 subdivision (8) of this section, food may be re-served as specified under 20 CAR § 192-306(d)(2)(A) and (B); and

(8) Food may 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 may not be re-served to others outside; and

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