HAR §11-50-30. Characteristics

Food shall be safe, unadulterated, and, as specified in section ll-50-35(a), honestly presented. [Eff 2/24/2014; comp AUG 2 4 2025 (Auth: HRS §321-11) (Imp: HRS §321-11) §11-50-31 Sources, specifications for receiving, and original containers and records. (a) Compliance with food law. (1) Food shall be obtained from sources that comply with law; (2) Except as specified in section 11-50-2 "Homemade food products", food ~repared in a private home may not be used or offered for human consumption in a food establishment; (3) Packaged food shall be labeled as specified in 21 CFR 101 Food Labeling, 9 CFR 317 Labeling, marking devices, and containers, and 9 CFR 381 Subpart N Labeling and containers, and as specified in section 11-50-31(0); (4) Fish, other than those specified in section ll- 50-33(f) (2), that are intended for consumption in raw or undercooked form and allowed as specified 50-65 §11-50-31 in section 11-50-33 (a) ( 4), may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified in section ll-50-33(f); or if they are frozen on the premises as specified in section ll-50-33(f) and records are retained as specified in section ll- 50-33(g); (5) Whole-muscle intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in section ll-50- 33(a) (3) shall be: (A) Obtained from a food processing plant that does not mechanically tenderize, vacuum tumble with solutions, reconstruct, cube or pound these whole-muscle, intact beef steaks; or (B) Deemed acceptable by the department based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef; and (C) If individually cut in a food establishment: (i) Cut from whole-muscle intact beef that is received from a food processing plant as specified in subparagraph (A) or identified as specified in subparagraph (B); (ii) Prepared so they remain intact; and (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 CFR 317.2(1) and 9 CFR 381.125(b); (7) 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 CFR 101.17(h). (b) 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. (c) Fluid milk and milk products shall be obtained from sources that comply with Grade A Standards as specified in law. 50-66 §11-50-31 (d) Fish. (1) Fish that are received for sale or service shall be: (A) Commercially and legally caught or harvested; or (B) Approved for sale or service; (2) Molluscan shellfish that are recreationally caught may not be received for sale or service. (e) Molluscan shellfish. (1) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish; (2) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List. (f) Wild mushrooms. (1) Except as specified in paragraph (2), mushroom species picked in the wild shall not be offered for sale or service by a food establishment unless the food establishment has been approved to do so by the department; (2) This section does not apply to: (A) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or (B) Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant. (g) Game animals. (1) If game animals are received for sale or service they shall be: (A) Commercially raised for food and: (i) Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the 50-67 §11-50-31 agency that has animal health jurisdiction; or (ii) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; and (iii) Raised, slaughtered, and 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. Raised, slaughtered, and processed according to requirements with are developed by the agency that conducts the inspections program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee; (B) Under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 CFR 352, entitled "Exotic animals"; voluntary inspection or rabbits that are "inspected and certified" in accordance with 9 CFR 354, entitled "Voluntary inspection of rabbits and edible products thereof"; (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, and (ii) Slaughtered and 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 and requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection 50-68 §11-50-31 program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee; 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; 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; 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; (2) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17, entitled "Endangered and threatened wildlife and plants". (h) Temperature when received. (1) Except as specified in paragraph (2), refrigerated, time/temperature control for safety food shall be at a temperature of forty-one degrees Fahrenheit or below when received; (2) If a temperature other than forty-one degrees Fahrenheit for a time/temperature control for safety food is specified in law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature; (3) Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of forty-five degrees Fahrenheit or less; (4) Time/temperature control for safety food that is cooked to a temperature and for a time specified in section ll-50-33(a) to (c) and received hot shall be at a temperature of one hundred thirty- five degrees Fahrenheit or above; 50-69 §11-50-31 (5) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen; (6) Upon receipt, time/temperature control for safety food shall be free of evidence of previous temperature abuse. (i) Food may not contain unapproved food additives or additives that: (1) Exceed amounts specified in 21 CFR 170-180 relating to food additives; (2) Generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181-186; (3) Substances that exceed amounts specified in 9 CFR Subpart C Section 424.21(b), entitled "Food ingredients and sources of radiation"; or (4) Pesticide residues that exceed provisions specified in 40 CFR 180, entitled "Tolerances for pesticides chemicals in food, and exceptions". (j) Eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade Bas specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA. (k) Eggs and milk products, pasteurized. (1) Egg products shall be obtained pasteurized; (2) Fluid and dry milk and milk products shall: (A) Be obtained pasteurized; and (B) Comply with Grade A Standards as specified in law; (3) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 CFR 135, entitled "Frozen desserts". (4) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the CFR, such as 21 CFR 133, entitled "Cheeses and related cheese products", for curing certain cheese varieties. (1) 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. (m) Ice for use as a food or a cooling medium shall be made from drinking water. (n) Shellstock received by a food establishment shall be reasonably free of mud, dead shellstock, and shellstock 50-70