HAR §11-50-36. Contaminated food

Discarding or reconditioning unsafe, adulterated, or contaminated food. (1) A food that is unsafe, adulterated, or not honestly presented as specified in section 11-50-30 shall be discarded or reconditioned according to an approved procedure; (2) Food that is not from an approved source as specified in section 11-50-31(a) to (g) shall be discarded; 50-110 §11-50-37 (3) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in section ll-50-21(b) shall be discarded; (4) 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. [Eff 2/24/2014; am and comp AUG 24 2025 (Auth: HRS §321-11) (Imp: HRS §321-11) §11-50-37 Special requirements for highly susceptible populations. In a 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 or less and receive food in a school, day care 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 CFR 101.17(g), 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 in section 11-50-33 (j) (2) may not be served or offered for sale; and (C) Unpackaged juice that is prepared on the premises for service or sale in a ready-to- eat form shall be processed under a HACCP plan that contains the information specified in section 11-50-4 (h) (2) (B) to (D) and as specified in 21 CFR Part 120, entitled "Hazard analysis and critical control point (HACCP) systems", Subpart B entitled "Pathogen reduction", 120.24 entitled "Process controls"; (2) Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of: (A) Foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, 50-111 §11-50-37 eggnog, ice cream, and egg-fortified beverages; and (B) Except as specified in paragraph (7), recipes in which more than one egg is broken and the eggs are combined; (3) The following foods may not be served or offered for sale in a ready-to-eat form: (A) Raw animal foods such as raw fish, raw- marinated fish, raw molluscan shellfish, and steak tartare; (B) A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw eggs, and meringue; (C) Raw seed sprouts; and (D) Packaged food as specified in section 11- 50-33 (e); (4) Paragraph (3) may be waived by the department for a food establishment that serves a highly susceptible population that has submitted a form issued by the department and signed by the person requesting to be served foods specified in paragraph (3) (A) to (D); (5) Food employees may not contact ready-to-eat food as specified in section 11-50-32 (a) (2) and (5); (6) Time only, as the public health control as specified in section 11-50-34 (i) (4), may not be used for raw eggs; (7) Paragraph (2) (B) does not apply if: (A) The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified in section 11-50-33 (a) (1) (A), and served immediately, such as an omelet, souffle, 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 a 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 Salmonella Enteritidis 50-112 §11-50-45 growth is controlled before and after cooking, and is destroyed by cooking the eggs according to the temperature, and time specified in section 11-50-33 (a) (1) (B); (iv) Contains the information specified in section 11-50-4 (h) (2) (C) including procedures that control cross contamination of ready-to-eat food with raw eggs, and 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 paragraph (8), food may be re-served as specified in section 11-50-32 (y) (2) (A) and (B); (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; (B) Packages of food from any patients, clients, or other consumers should not be re-served to persons in protective environment isolation. [Eff 2/24/2014; am and comp AUG242025 ] (Auth: HRS §321- 11) (Imp: HRS §321-11) §§11-50-38 to 11-50-44 (Reserved). SUBCHAPTER 4 EQUIPMENT, UTENSILS, AND LINENS