410 IAC 7-26-155 Food sources

Sec. 155. (a) Food must be obtained from sources that comply with law at least equivalent to Indiana law. (b) Food prepared in a private home, including food prepared for sale under IC 16-42-5.3, may not be used or offered for human consumption in a retail food establishment. (c) Packaged food must be labeled as specified: (1) by law, including IC 16-42-1, IC 16-42-2, 21 CFR 101, 9 CFR 317, and 9 CFR 381; and (2) in sections 159 and 169 of this rule. (d) Fish, other than those specified in section 203(b) of this rule, intended for consumption in a raw or an undercooked form and allowed as specified in section 198(d) of this rule, may be offered for sale or service if they are: (1) obtained from a supplier that freezes the fish as specified under section 203 of this rule; or (2) frozen on the premises as specified under section 203 of this rule and records are retained as specified under section 204 of this rule. (e) Whole-muscle intact beef steaks intended for consumption in an undercooked form without a consumer advisory as specified in section (c) of this rule [subsection (c)] must be: (1) obtained from a food processing plant that does not mechanically tenderize, vacuum tumble with solutions, reconstruct, cube, or pound the whole-muscle intact beef steaks; (2) deemed acceptable by the regulatory authority based on other evidence, such as written buyer specifications or invoices, that indicates the steaks meet the definition of whole-muscle intact beef; or (3) if individually cut in a retail food establishment: (A) cut from whole-muscle intact beef that is received from a food processing plant as specified in subdivision (e)(1) [subdivision (1)] or identified as specified in subdivision (e)(2) [subdivision (2)]; and (B) prepared so they remain intact. (f) Meat and poultry that is not a ready-to-eat food and in a packaged form when it is offered for sale or otherwise offered for consumption must: (1) be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b); and (2) meet applicable labeling requirements under IC 15-17-5. (g) 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). (h) For purposes of this section, a violation of subsection (a), (b), or (e)(3)(A) is a P item. (i) For purposes of this section, a violation of subsection (c), (d), (e)(1), (e)(2), or (e)(3)(B) is a PF item. (j) For purposes of this section, a violation of subsection (f) or (g) is a core item.