HAR §11-50-33. Destruction of organisms of public health concern

(a) Cooking raw animal foods. (1) Except as specified in paragraphs (2), (3) and (4), 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 of the following methods based on the food that is being cooked: (A) One hundred forty-five degrees Fahrenheit or above for fifteen seconds for: (i) Raw eggs that are broken and prepared in response to a consumer's order and for immediate service; and (ii) Except as specified in subparagraphs (B) and (C) and paragraphs (2) and (3), fish and meat including game animals commercially raised for food as specified in section 11-50-31(g)(1)(A) and game animals under a voluntary inspection program 50-84 3236 L4A §11-50-33 as specified in section 11-50-31(g)(1)(B); (B) One hundred fifty-five degrees Fahrenheit for fifteen seconds or the temperature specified in Table 33-1 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 in section 11-50-31(g)(1)(A), and game animals in a voluntary inspection program as specified in section 11-50-31(g)(1)(B); and raw eggs that are not prepared as specified in subparagraph (A)(i): Table 33-1 | Minimum | | | --- | --- | | Temperature | Time | | 145°F | 3 minutes | | 150°F | 1 minute | | 158°F | <1 second (instantaneous) | ; or (C) One hundred sixty-five degrees Fahrenheit or above for fifteen seconds for poultry, baluts, wild game animals as specified in section 11-50-31(g)(1)(C), stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites; (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 Table 33-2 and that is held at that temperature: Table 33-2 | Oven Type | Oven Temperature Based on Roast Weight | | | --- | --- | --- | | | Less than 10 lbs | 10 lbs or More | | Still Dry | 350°F or more | 250°F or more | | Convection | 325°F or more | 250°F or more | | High Humidity^{1} | 250°F or less | 250°F or less | 50-85 3236 214 §11-50-33 ¹Relative humidity greater than ninety per cent for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides one hundred per cent humidity. ; and (B) As specified in Table 33-3, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature: Table 33-3 | Temperature | Time¹ in Minutes | Temperature | Time¹ in Seconds | | --- | --- | --- | --- | | 130°F | 112 | 147°F | 134 | | 131°F | 89 | 149°F | 85 | | 133°F | 56 | 151°F | 54 | | 135°F | 36 | 153°F | 34 | | 136°F | 28 | 155°F | 22 | | 138°F | 18 | 157°F | 14 | | 140°F | 12 | 158°F | 0 | | 142°F | 8 | - | - | | 144°F | 5 | - | - | | 145°F | 4 | - | - | ¹Holding time may include post-oven heat rise. (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 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 in section 11-50-31(a)(4); and (C) The steak is cooked on both the top and bottom to a surface temperature of one hundred forty-five degrees Fahrenheit 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 50-86 3236 §11-50-33 meat other than whole-muscle, intact beef steaks as specified in paragraph (3), may be served or offered for sale upon consumer request or selection in a ready-to-eat form if: (A) As specified in section 11-50-37(a)(3)(A) and (B), the food establishment serves a population that is not a highly susceptible population; (B) The food, if served or offered for service by consumer selection from a children's menu, does not contain comminuted meat; and (C) The consumer is informed as specified in section 11-50-35(d) that to ensure its safety, the food should be cooked as specified in paragraph (1) or (2); or (D) The department grants a variance from paragraph (1) or (2) as specified in section 11-50-13(a) based on a HACCP plan that: (i) Is submitted by the owner or operator and approved as specified in section 11-50-13(b); (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 food establishment meet the conditions of the variance. (b) 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 one hundred sixty-five degrees Fahrenheit in all parts of the food; and (4) Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium. (c) Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of one hundred thirty-five degrees Fahrenheit. 50-87 B236 山 §11-50-33 (d) Raw animal foods that are cooked using a non-continuous cooking process shall be: (1) Subject to an initial heating process that is no longer than sixty minutes in duration; (2) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) in section 11-50-34(d)(1); (3) After cooling, held frozen or cold, as specified for potentially hazardous food (time/temperature control for safety food) in section 11-50-34(f)(1)(B); (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 section 11-50-33(a)(1)-(3); (5) Cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) in section 11-50-34(d)(1) if not either hot held as specified in section 11-50-34(f)(1), served immediately, or held using time as a public health control as specified in section 11-50-34(i) after complete cooking; and (6) Prepared and stored according to written procedures that: (A) Have obtained prior approval from the department; (B) Are maintained in the food establishment and are available to the department upon request; (C) Describe how the requirements specified in paragraphs (1) to (5) are to be monitored and documented by the owner or operator and the corrective actions to be taken if the requirements are not met; (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 in paragraph (4) prior to being offered for sale or service; and (E) Describe how the foods, after initial heating but prior to cooking as specified in paragraph (4), are to be separated from 50-88 3236 §11-50-33 ready-to-eat foods as specified in section 11-50-32(c)(1). (e) Parasite destruction. (1) Except as specified in paragraph (2), 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 minus four degrees Fahrenheit or below for a minimum of one hundred sixty-eight hours (seven days) in a freezer; (B) Frozen at minus thirty-one degrees Fahrenheit or below until solid and stored at minus thirty-one degrees Fahrenheit or below for a minimum of fifteen hours; or (C) Frozen at minus thirty-one degrees Fahrenheit or below until solid and stored at minus four degrees Fahrenheit or below for a minimum of twenty-four hours; (2) Paragraph (1) does not apply to: (A) Molluscan shellfish; (B) A scalloped product consisting only of the shucked adductor muscle; (C) Tuna of the species Thunnus alalunga (Albacore tuna), Thunnus albacares (Yellowfin tuna), Thunnus atlanticus (Blackfin tuna), Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), Thunnus thynnus (Bluefin tuna, Northern), Katsuwonus Pelamis (Skipjack tuna), Makaira nigricans (Pacific blue marlin), Tetrapturus audax (Striped marlin); or (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; (E) Fish eggs that have been removed from the skein and rinsed; or (F) Non-anadromous open ocean fish commonly eaten raw such as tuna, marlin, and 50-89 3236 1