(a) Compliance with food law.*

1. (1) Food shall be obtained from sources that comply with law. ^P
2. (2) Except for non-time/temperature control for safety food sold in accordance with the Food Freedom Act, Arkansas Code § 20-57-501 et seq. (Arkansas Code § 20-57-504), food prepared in a private home may not be used or offered for human consumption in a retail food establishment.
3. (3) Packaged food shall be labeled as specified in law, including 21 C.F.R. pt. 101, Food labeling, 9 C.F.R. pt. 317, Labeling, marking devices, and containers, and 9 C.F.R. pt. 381, Subpart N — Labeling and containers, and as specified under 20 CAR § 192-202(g) and (h). ^Pf
4. (4) Fish, other than those specified in 20 CAR § 192-402(a)(2), that are intended for consumption in raw or undercooked form and allowed as specified in 20 CAR § 192-401(a)(4), may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under 20 CAR § 192-402(a), or if they are frozen on the premises as specified under 20 CAR § 192-402(a) and records are retained as specified under 20 CAR § 192-402(b).

5. (5) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in 20 CAR § 192-401(a)(3) shall be:

   1. (A) Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steaks meet the definition of whole-muscle, intact beef; ^Pf or
   2. (B) Deemed acceptable by the regulatory authority based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef; ^Pf and
   3. (C) If individually cut in a retail food establishment:

(i) Cut from whole-muscle, intact beef that is labeled by a food processing plant as specified in subdivision (a)(5)(A) of this section or identified as specified in subdivision (a)(5)(B) of this section; ^Pf

1. (ii) Prepared so they remain intact; ^Pf and

   1. (iii) If packaged for undercooking in a retail food establishment, labeled as specified in subdivision (a)(4)(A) of this section or identified as specified in subdivision (a)(4)(B) of this section. ^Pf
2. (6) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption shall be labeled to include safe handling instructions as specified in law, including 9 C.F.R. § 317.2(l) and 9 C.F.R. § 381.125(b).
3. (7) Shell 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 C.F.R. § 101.17(h).

(b) Food in a hermetically sealed container.* Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant. ^P

1. (c) Fluid milk and milk products.* Fluid milk and milk products shall be obtained from sources that comply with Grade “A” standards as specified in law. ^P

   1. (d) Fish.*

2. (1) Fish that are received for sale or service shall be:

   1. (A) Commercially and legally caught or harvested; ^P or
   2. (B) Approved for sale or service. ^P
3. (2) Molluscan shellfish that are recreationally caught may not be received for sale or service. ^P

(e) Molluscan shellfish.*

1. (1) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish. ^P
2. (2) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List. ^P

(f) Wild mushrooms.* If wild mushrooms are to be sold, they must be:

1. (1) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the regulatory authority that has jurisdiction over the operation; ^P or
2. (2) Wild mushroom species in packaged form and are the product of a food processing plant that is regulated by the regulatory authority that has jurisdiction over the plant. ^P

(g) Game animals.*

1. (1) If game animals are received for sale or service they shall be:

   1. (A) Commercially raised for food ^P and:

      1. (i) Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction; ^P or
      2. (ii) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; ^P and
      3. (iii) Raised, slaughtered, and processed according to:

(b) (b) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian’s designee; ^P

1. (B) Under a voluntary inspection program administered by the United States Department of Agriculture for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are “inspected and approved” in accordance with 9 C.F.R. pt. 352, Exotic animals and horses, voluntary inspection, or rabbits that are “inspected and certified” in accordance with 9 C.F.R. pt. 354, Voluntary inspection of rabbits and edible products thereof; ^P

   1. (C) As allowed by law, for wild game animals that are live-caught:

      1. (i) Under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction; ^P and
      2. (ii) Slaughtered and processed according to:

(b) (b) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian’s designee; ^P or

1. (D) As allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals:

   1. (i) Receive a postmortem examination by an approved veterinarian or veterinarian's designee; ^P or

      1. (ii) Are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program; ^P and
      2. (iii) Are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program. ^P
2. (2) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 C.F.R. pt. 17, Endangered and threatened wildlife and plants.