§ 20-21.4. Food preparation.

(a)

General. Food shall be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross-contamination.

(b)

Raw fruits and raw vegetables. Raw fruits and raw vegetables shall be washed thoroughly in potable water under pressure before being cut, combined with other ingredients, cooked, or served for human consumption or offered for consumption in ready-to-eat form, except fruits and vegetables may be washed by using chemicals as specified in this subsection. Chemicals, including those generated on-site, used to wash or peel raw, whole fruits and vegetables shall:

(1)

Be an approved food additive listed for this intended use in 21 CFR 173; or

(2)

Be generally recognized as safe (GRAS) for this intended use; or

(3)

Be the subject of an effective food contact notification for this intended use (only effective for the manufacturer or supplier identified in the notification); and

(4)

Meet the requirements in 40 CFR 156 Labeling Requirements for Pesticide and Devices.

Ozone as an antimicrobial agent used in the treatment, storage, and processing of fruits and vegetables in a food establishments shall meet the requirements specified in 21 CFR 173.368 Ozone.

Whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.

(c)

Cooking time/temperature controlled for safety (TCS) foods.

(1)

Time and temperature specifications. The person in charge shall ensure that employees are properly cooking time/temperature controlled for safety (TCS) food and being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under section 20-21.10(f) of this Code. Except as specified under Tables 20-21.4-1, 20-21.4-2, and 20-21.4-3 and section 20-21.4(l)(2)b[9][b]{2} of this Code, raw animal foods, such as eggs, fish, meat, or poultry, and foods containing any of 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.

145°F (63°C) or above for 15 seconds for:

[1]

Raw shell eggs that are broken and prepared in response to a consumer's order for immediate service; and

[2]

Except as specified under subsections (b) and (c) of this section and in Tables 20-21.4-2 and 20-21.4-3, fish, meat, and pork, including game animals and exotic animals commercially raised for food as specified under TFER 228.62(g)(1)(A) and 228.62(g)(2)(A), and game animals and exotic animals subjected to a voluntary inspection program as specified under TFER 228.62(g)(2)B).

b.

155°F (68°C) for 15 seconds or the temperature specified in Table 20-21.4-1 that corresponds to the holding time for:

[1]

Ratites and injected meats;

[2]

The following if they are comminuted: fish, meat, game animals and exotic animals commercially raised for food as specified under TFER 228.62(g)(1)(A) and (g)(2)(A), and game animals and exotic animals subjected to a voluntary inspection program as specified under TFER 228.62(g)(2)(B); and

[3]

Raw eggs that are not prepared as specified under subitem a[1] of this item; or

c.

165°F (74°C) or above for 15 seconds for:

[1]

Poultry, baluts, game animals and exotic animals as specified under TFER 228.62(g)(1)(C), 228.62(g)(2)(C), and 228.62(g)(2)(D);

[2]

Stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, or stuffed ratites; or

[3]

Stuffing containing fish, meat, poultry, or ratites.

(2)

Special additional requirements for microwave cooking. In addition to the temperature and time requirements in the second column of Table 20-21.4-1 of this Code, raw animal foods cooked in a microwave oven shall be:

a.

Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

b.

Covered to retain surface moisture;

c.

Heated to a temperature of at least 165°F (74°C) in all parts of the food; and

d.

Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.

(3)

Raw, rare or partially cooked foods. Raw or undercooked whole-muscle, intact beef steak may be served or offered for sale if it meets the requirements in Table 20-21.4-1 of this Code.

(4)

Except as specified in items (3) and (8) of this subsection, a raw animal food, such as raw eggs, 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 meat other than whole-muscle, intact beef steak as specified in item (3) of this subsection, may be served or offered for sale upon consumer request or selection in a ready-to-eat form if:

a.

The consumer is informed as specified in item (5) of this subsection that to ensure its safety the food should be cooked as specified under subsection (c)(1) of this section; or

b.

The department grants a variance from subsection (c)(1) of this section as specified under section 20-19(e) of this Code based on a HACCP plan that:

[1]

Is submitted by the permit holder and approved as specified under section 20-19(e)(1) of this Code

[2]

Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food; and

[3]

Verifies that equipment and procedures for food preparation and training for food employees at the food establishment meet the conditions of the variance.

(5)

Consumer advisory . Except as specified in items (3) and (8) of this subsection, if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in items (6) and (7) of this subsection, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.

(6)

Disclosure shall include:

a.

A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)", "raw-egg Caesar salad", and "hamburgers (can be cooked to order)"; or

b.

Identification of the animal-derived foods in a menu or other listing by asterisking them to a footnote that states that the items are served raw or undercooked or contain (or may contain) raw or undercooked ingredients.

(7)

Reminder shall include asterisking the animal-derived foods that require disclosure in a menu or other listing to a footnote that states that:

a.

Written information regarding the safety of these items is available upon request;

b.

Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk for foodborne illness; or

c.

Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk for foodborne illness, especially if you have certain medical conditions.

(8)

The following foods may not be served or offered for sale in a ready-to-eat form in a food establishment serving a highly susceptible population:

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 shell eggs, and meringue; and

c.

Raw seed sprouts.

(d)

Dry milk and dry milk products . Reconstituted dry milk and dry milk products may only be used in instant desserts and whipped products or for cooking and baking purposes.

(e)

Liquid, frozen, or dry eggs and egg products . Liquid, frozen, or dry eggs and egg products shall be used only for cooking and baking purposes.

(f)

Reheating for hot holding.

(1)

Time and temperature specifications. Time/temperature controlled for safety (TCS) food that was cooked and then refrigerated shall be reheated rapidly to the temperature and for the applicable time specified in the third column of Table 20-21.4-1 of this Code before being served or placed in a hot food storage facility. The temperature of the food shall reach the minimum temperature specified in the table within two hours from the removal of the food from refrigeration.

(2)

Hot holding facilities not for rapid reheating. Steam tables, bainmaries, warmers, and similar hot food holding facilities shall not be used for the rapid reheating of time/temperature controlled for safety (TCS) foods.

(3)

Additional requirements for reheating in microwave oven. Food reheated in a microwave oven for hot holding shall be reheated so that the food is covered and either rotated or stirred during reheating; the food shall then be allowed to stand covered for two minutes after reheating.

(4)

Sealed or packaged food. Ready-to-eat food taken from a commercially-processed, hermetically-sealed container or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant shall be heated to a temperature of at least 135°F (57°C), for hot holding.

(g)

Preparation for immediate service . Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature, as requested by the customer.

(h)

Nondairy products. Nondairy creaming, whitening, or whipping agents may be reconstituted on the premises only when they will be stored in sanitized, covered containers not exceeding one gallon in capacity and cooled to 41°F (5°C) or below within four hours after preparation.

(i)

Temperature measuring device, food. Food temperature measuring devices accurate to ±2°F in the intended range of use shall be provided and used to assure attainment and maintenance of proper internal cooking, holding, or refrigeration temperatures of all time/temperature controlled for safety (TCS) food if the thermometers are scaled only in Fahrenheit. If the thermometers are scaled in Celsius or dually scaled, they shall be accurate to ±1°C in the intended range of use. A temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and kept readily accessible to accurately measure the temperature in thin foods, such as meat patties and fish fillets.

(j)

Thawing time/temperature controlled for safety (TCS) food. Except as specified in item (5) of this subsection, time/temperature controlled for safety (TCS) food shall be thawed:

(1)

In refrigerated units at a temperature not to exceed 41°F (5°C);

(2)

Completely submerged under potable running water of a temperature of 70°F (21°C) or below, with sufficient water velocity to agitate and float off loose food particles into the overflow, provided the temperature of the thawed portions of time/temperature controlled for safety (TCS) food shall not remain above 41°F (5°C) for more than four hours, including the time the food is exposed to the running water and the time needed for preparation for cooking or the time it takes under refrigeration to lower the food temperature to 41°F (5°C);

(3)

In a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven;

(4)

As part of the conventional cooking process; or

(5)

Using any other safe procedure that thaws a portion of frozen ready-to-eat food that is prepared for immediate service in response to an individual consumer's order.

Reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use shall be removed from the reduced oxygen environment prior to its thawing under refrigeration as specified in item (1) of this subsection, or prior to, or immediately upon completion of, its thawing using procedures specified in item (2) of this subsection.

(k)

Time/temperature controlled for safety (TCS) food, slacking. Frozen time/temperature controlled for safety (TCS) food that is slacked to moderate the temperature shall be held under refrigeration that maintains the food temperature at 41ºF (5ºC) or below or at any temperature if the food remains frozen.

(l)

Specialized processing methods.

(1)

Variance requirement. A food establishment shall obtain a variance from the department as specified in section 20-19(e)(1) of this Code before:

a.

Smoking food as a method of food preservation rather than as a method of flavor enhancement;

b.

Curing food;

c.

Using food additives or adding components such as vinegar:

[1]

As a method of food preservation rather than as a method of flavor enhancement; or

[2]

To render a food so that it is not potentially hazardous;

d.

Packaging time/temperature controlled for safety (TCS) food using a reduced oxygen packaging method except where the growth of and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes in addition to are controlled as specified in item (2) of this subsection.

e.

Operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption;

f.

Custom processing animals that are for personal use as food and not for sale or service in a food establishment; such as indigenous deer processing.

g.

Preparing food by another method that is determined by the regulatory authority to require a variance; or

h.

Sprouting seeds or beans, such as wheat grass and alfalfa sprouts, in a retail food establishment.

(2)

Clostridium botulinum and Listeria monocytogenes controls, reduced oxygen packaging criteria without a variance.

a.

Except for a food establishment that obtains a variance as specified under item (1) of this subsection, a food establishment that packages time/temperature controlled for safety (TCS) food using a reduced oxygen packaging method shall control the growth of and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes.

b.

A food establishment that packages time/temperature controlled for safety (TCS) food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes, except as specified under [11] of this section, shall have a HACCP plan that contains the information specified under section 20-19(f)(2)(b) and (d) of this Code, and that:

[1]

Identifies the food to be packaged;

[2]

Except as specified in parts [8] - [10] of this subitem, requires that the packaged food shall be maintained at 41ºF (5ºC) or less and meet at least one of the following criteria:

[a]

Has an a _w of 0.91 or less;

[b]

Has a pH of 4.6 or less;

[c]

Is a meat or poultry product cured at a food processing plant regulated by the USDA or the department using substances specified in 9 CFR § 424.21, Use of food ingredients and sources of radiation, and is received in an intact package; or

[d]

Is a food with a high level of competing organisms such as raw meat, raw poultry or raw vegetables;

[3]

Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:

[a]

Maintain the food at 41°F (5°C) or below; and

[b]

Discard the food within 30 calendar days of its packaging if it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;

[4]

Limits the refrigerated shelf life to no more than 30 calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's 'sell by' or 'use by' date, whichever occurs first;

[5]

Includes operational procedures that:

[a]

Prohibit contacting ready-to-eat food with bare hands, as specified in 20-21.2(c)(2);

[b]

Identify a designated area and the method by which:

1

Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination; and

2

Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation; and

[c]

Delineate cleaning and sanitization procedures for food-contact surfaces; and

[6]

Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:

[a]

Concepts required for a safe operation;

[b]

Equipment and facilities; and

[c]

Procedures specified under part [5] of this subitem and section 20-19(f)(2)(b) and (d) of this Code.

[7]

Is provided to the regulatory authority prior to implementation as specified under section 20-19(f)(1)(b).

[8]

Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced oxygen packaging method.

[9]

Except as specified in parts [8] and [11] of this subitem, a food establishment that packages time/temperature controlled for safety (TCS) food using a cook-chill or sous vide process shall:

[a]

Provide to the regulatory authority prior to implementation, a HACCP plan that contains the information as specified under section 20-19(f)(2)(b) and (d).

[b]

Ensure that the food is:

{1}

Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer.

{2}

Cooked to heat all parts of the food to a temperature and for a time as specified in section 20-21.4(c) or cooked in a scheduled process for a continuous time-temperature combination as specified in section 20-21.4(l)(1)(g) or based on a variance from section 20-21.4(c)(1) granted by the department as specified under section 20-19(e).

{3}

Protected from contamination before and after cooking, as specified in sections 20-21.2(a)(1) (protecting food from potential contamination), 20-21.2(a)(3) (protecting food from unapproved additives), 20-21.2(b) (protecting food from cross contamination), 20-21.2(c) (protecting food from contamination by employee's hands), 20-21.10(a)(8) (glove use), and 20-21.11(a)(9) (tasting spoons).

{4}

Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below (135ºF) 57ºC.

{5}

Cooled to 41ºF (5ºC) in the sealed package or bag as specified in section 20-21.3(b)(2) and:

a.

Cooled to 34ºF(1ºC) within 48 hours of reaching 41ºF(5ºC) and held at that temperature until consumed or discarded within 30 days after the date of packaging;

b.

Held at 41ºF (5ºC) or less for no more than seven days, at which time the food must be consumed or discarded; or

c.

Held frozen with no shelf life restriction while frozen until consumed or used.

{6}

Held in a refrigeration unit that is equipped with an electronic system that continuously monitors and records time and temperature, such as thermocouple data loggers that connect with thermocouple probes, or similar technology, and is visually examined for proper operation twice daily,

{7}

If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices as specified in paragraph 6 of this section to ensure that times and temperatures are monitored during transportation; and

{8}

Labeled with product name and date packaged; and

[c]

Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are met as part of the HACCP plan and:

{1}

Make such records available to the department upon request; and

{2}

Hold such records for at least 6 months; and

[d]

Implement written operational procedures as specified under paragraph {1} of this subpart and a training program as specified under paragraph 2 of this subpart:

{1}

Includes operational procedures that:

{a}

Prohibit contacting ready-to-eat food with bare hands;

{b}

Identify a designated area and the method by which:

1.

Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination; and

2.

Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation; and

{c}

Delineate cleaning and sanitization procedures for food-contact surfaces;

{2}

Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:

{a}

Concepts required for a safe operation;

{b}

Equipment and facilities; and

{c}

Procedures specified under paragraph 1 of this subpart and section 20-19(f)(2)(b) and (d) of this Code.

[10]

Except as specified under part [11] of this subitem, a food establishment that packages cheese using a reduced oxygen packaging method shall:

[a]

Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the food establishment and that meet the Standards of Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR 133.169 Pasteurized Process cheese or 21 CFR 133.187 Semisoft cheeses;

[b]

Have a HACCP plan that contains the information specified in section 20-19(f)(2)(b) and (d) of this Code, and as specified in subsections (l)(2)b[1], (l)(2)b[3][a], (l)(2)b[5] and (l)(2)b[6];

[c]

Labels the package on the principal display panel with a 'use by' date that does not exceed thirty (30) days from its packaging or the original manufacturer's 'sell by' or 'use by' date, whichever occurs first: and

[d]

Discards the reduced oxygen packaged cheese if it is not sold for off-

premises consumption or consumed within 30 calendar days of its packaging.

[11]

A HACCP plan is not required when a food establishment uses a reduced oxygen packaging method to package time/temperature controlled for safety (TCS) food that is always:

[a]

Labeled with the production time and date,

[b]

Held at 41°F (5°C) or less during refrigerated storage, and

[c]

Removed from its package or exposed to atmospheric oxygen by cutting open the entire package in the food establishment within 48 hours after packaging.

(3)

Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced oxygen packaging method.

TABLE 20-21.4-1.
Cooking Time/temperature controlled for safety (TCS) foods

Food	Cooking Temperature & Time and Instructions	Reheating Minimum Temperature & Time (minimum temperature to be reached within 2 hours)
•Fruits and vegetables cooked for hot holding	135°F (57°C)	165°F (74°C) for 15 seconds
•A raw or undercooked whole muscle, intact beef steak, not served in a food establishment serving a highly susceptible population and labeled to indicate that it meets the definition of whole muscle intact beef as specified in section 20-21.1(b)(11) of this Code	Shall be cooked on both the top and bottom to a surface temperature of 145°F (63° C) or above and a cooked color change is achieved on all external surfaces.
•Raw animals foods not specified below •Raw shell eggs that are broken and prepared for immediate service •Fish, meat, game animals and exotic animals commercially raised for food, and game animals and exotic animals subject to a voluntary inspection program that are not specified below Pork	145°F (63°C) for 15 seconds	165°F (74°C) for 15 seconds
•Ratites •Injected meats •Any of the following if they are comminuted: fish, meat, game animals and exotic animals commercially raised for food, and game animals and exotic animals subject to a voluntary inspection program •Raw shell eggs not prepared as specified above	155°F (68°C) for 15 seconds; or 150°F (66°C) for 60 seconds; or 145°F (63°C) for 180 seconds; or 158° F (70°C) for less than 1 second (instantaneous)	165°F (74°C) for 15 seconds
•Poultry, baluts, other than ratites •Game animals and exotic animals that are live caught and are subjected to a voluntary inspection program •Stuffed fish/meat/poultry/pasta/ratites •Stuffing containing fish/meat/poultry/ratites	165°F (74°C) for 15 seconds	165°F (74°C) for 15 seconds
•Whole beef roast •Whole corned beef roast Whole pork roast and cured pork roast	Shall be cooked in an oven that is preheated to and held at the temperature specified for the roast's weight and the type of oven, as applicable, in Table 20-21.4-2 of this Code and shall be cooked so that all parts of the roast are heated to the temperature and for the holding time that corresponds to that temperature in Table 20-21.4-3 of this Code	Unsliced portions, if cooked in accordance with Cooking Temperature and Time, at left, may be reheated in the same manner
•Raw animal foods cooked in a microwave oven and allowed to stand for two minutes	165°F (74°C) and allowed to stand for two minutes	165°F (74°C) for 15 seconds
•Ready-to-eat food taken from hermetically-sealed container or intact package from an inspected food processing plant	—	135°F (57°C) without time duration

 

TABLE 20-21.4-2.
Cooking Whole Meat Roasts Including Beef, Corned Beef, Lamb, Pork, and Cured Pork Roasts Such as Ham—Oven Preheating/Holding Requirements by Weight

Oven Type	Oven temperature based on ROAST weight
	Less than 10 lbs. (4.5 Kg)	10 lbs. (4.5 Kg) or more
STILL DRY	350°F (177°C) or more	250°F (121°C) or more
CONVECTION	325°F (163°C) or more	250°F (121°C) or more
HIGH HUMIDITY@	250°F (121°C) or more	250°F (121°C) or more
@ Relative humidity greater than 90% for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity.

 

TABLE 20-21.4-3.
Cooking Whole Meat Roasts Including Beef, Corned Beef, Lamb, Pork, and Cured Pork Roasts Such as Ham Roasts—Heating Temperatures and Holding Times

Temperature		Time in Minutes @	Temperature		Time in Seconds @
°C	°F		°C	°F
54.4	130	112	63.9	147	134
55.0	131	89	65.0	149	85
56.1	133	56	66.1	151	54
57.2	135	36	67.2	153	34
57.8	136	28	68.3	155	22
58.9	138	18	69.4	157	14
60.0	140	12	70.0	158	0
61.1	142	8
62.2	144	5
62.8	145	4
@ Holding time may include postover heat rise.

 

(Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-1202, §§ 33—38, 96, 12-2-2015)