410 IAC 7-26-225 Pasteurized food; prohibited food

Sec. 225. (a) The following apply in a retail food establishment that serves a highly susceptible population: (1) The following criteria apply to juice: (A) For purposes of this subdivision only, children less than ten (10) years of age receiving 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, which bears a warning label as specified in 21 CFR 101.17(g) or section 207(c) of this rule, may not be served or offered for sale. (C) Unpackaged juice prepared on the premises for service or sale in a ready-to-eat form must be processed under a HACCP plan that contains the information specified in section 486(a)(2) through 486(a)(5) of this rule and 21 CFR 120 Subpart B 120.24. (2) Pasteurized eggs or egg products may be substituted for raw eggs in the preparation of the following: (A) Foods, such as the following: (i) Caesar salad. (ii) Hollandaise or Béarnaise sauce. (iii) Mayonnaise. (iv) Meringue. (v) Eggnog. (vi) Ice cream. (vii) Egg-fortified beverages. (B) Except as specified in subdivision (6), recipes in which more than one (1) 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 foods of animal origin, such as the following: (i) Raw fish. (ii) Raw-marinated fish. (iii) Raw molluscan shellfish. (iv) Steak tartare. (B) A partially cooked food of animal origin, such as the following: (i) Lightly cooked fish. (ii) Rare meat. (iii) Soft-cooked eggs made from raw eggs. (iv) Meringue. (C) Raw seed sprouts. (D) Packaged food as specified under section 202 of this rule. (4) Food employees may not contact ready-to-eat food as specified under section 173(b) and 173(e) of this rule. (5) Time only as a public health control as specified under section 216(d) of this rule may not be used for raw eggs. (6) Subdivision (2)(B) does not apply if: (A) the raw eggs are combined: (i) immediately before cooking for one (1) consumer's serving at a single meal, cooked as specified under section 198(a)(1) of this rule and served immediately, such as an omelet, soufflé, or scrambled eggs; or (ii) 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 (B) the preparation of the food is conducted under a HACCP plan that meets all the following: (i) Identifies the food to be prepared. (ii) Prohibits contacting ready-to-eat food with bare hands. (iii) Includes specifications and practices that ensure the following: (AA) Salmonella enteritidis growth is controlled before and after cooking. (BB) Salmonella enteritidis is destroyed by cooking the eggs according to the temperature and time specified in section 198(a)(2) of this rule. (iv) Contains the information specified under section 486(a)(4) of this rule, including procedures that: (AA) control cross-contamination of ready-to-eat food with raw eggs; and (BB) delineate cleaning and sanitization procedures for food contact surfaces. (v) Describes the training program that ensures the food employee responsible for the preparation of the food understands the procedures to be used. (7) Except as specified in subdivision (8), food may be re-served as specified under section 196(b)(1) and 196(b)(2) of this rule. (8) Food may not be re-served under the following conditions: (A) Food served to patients or clients under contact precaution in medical isolation or quarantine, or protective environment isolation, may not be re-served to others outside. (B) Packages of food from a patient, clients, or other consumers may not be re-served to persons in protective environmental isolation. (b) For purposes of this section, a violation of subsection (a)(1)(B), (a)(1)(C), (a)(2)(A), (a)(2)(B), or subsection (a)(3) through (a)(5) is a P item. (c) For purposes of this section, a violation of subsection (a)(1)(A) is a core item.