(a) Temperature.*

1. (1) Except as specified in subdivision (a)(2) of this section, refrigerated, time/temperature control for safety food shall be at a temperature of five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or below when received. ^P
2. (2) If a temperature other than five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) for time/temperature control for safety food is specified in law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.
3. (3) Raw shell eggs shall be received in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7°C) (forty-five degrees Fahrenheit (45°F)) or less. ^P
4. (4) Time/temperature control for safety food that is cooked to a temperature and for a time specified under 20 CAR § 192-401(a) – (c) and received hot shall be at a temperature of fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) or above. ^P
5. (5) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen. ^Pf
6. (6) Upon receipt, time/temperature control for safety food shall be free of evidence of previous temperature abuse. ^Pf

(d) Eggs and milk products — Pasteurized.*

1. (1) Egg products shall be obtained pasteurized. ^P

2. (2) Fluid and dry milk and milk products shall:

   1. (A) Be obtained pasteurized; ^P and
   2. (B) Comply with Grade “A” standards as specified in law. ^P
3. (3) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 C.F.R. pt. 135, Frozen desserts. ^P
4. (4) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the Code of Federal Regulations, such as 21 C.F.R. pt. 133, Cheeses and related cheese products, for curing certain cheese varieties. ^P

(g) Shucked shellfish, packaging, and identification.

1. (1) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the: ^Pf

   1. (A) Name, address, and certification number of the shucker-packer or repacker of the molluscan shellfish; ^Pf and
   2. (B) The sell-by or best-used-by date for packages with a capacity of less than one and eighty-nine hundredths liters (1.89 L) or one-half gallon (1/2 gal.) or the date shucked for packages with a capacity of one and eighty-nine hundredths liters (1.89 L) or one-half gallon (1/2 gal.) or more. ^Pf
2. (2) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified under subdivision (g)(1) of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 C.F.R. pt. 1240, Subpart D — Specific administrative decisions regarding interstate shipments, § 1240.60(d), Molluscan shellfish.

(h) Shellstock identification.*

1. (1) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list: ^Pf

   1. (A) Except as specified under subdivision (h)(3) of this section, on the harvester's tag or label, the following information in the following order: ^Pf

(i) The harvester's identification number that is assigned by the shellfish control authority; ^Pf

1. (ii) The date of harvesting; ^Pf

   1. (iii) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested; ^Pf

      1. (iv) The type and quantity of shellfish; ^Pf and
      2. (v) The following statement in bold, capitalized type, "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."; ^Pf and

   2. (B) Except as specified in subdivision (h)(4) of this section, on each dealer's tag or label, the following information in the following order: ^Pf

      1. (i) The dealer's name and address, and the certification number assigned by the shellfish control authority; ^Pf
      2. (ii) The original shipper's certification number, including the abbreviation of the name of the state or country in which the shellfish are harvested; ^Pf
      3. (iii) The same information as specified for a harvester's tag under subdivision (h)(1)(A)(ii) – (iv) of this section; ^Pf and
      4. (iv) The following statement in bold, capitalized type, “THIS TAG IS ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS.” ^Pf
2. (2) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under subdivision (h)(1) of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 C.F.R. pt. 1240, Subpart D — Specific administrative decisions regarding interstate shipments, § 1240.60(d).
3. (3) If a place is provided on the harvester's tag or label for a dealer’s name, address, and certification number, the dealer’s information shall be listed first.

4. (4) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under subdivision (h)(1)(B)(i) and (ii) of this section, individual dealer tags or labels need not be provided.

   1. (i) Shellstock — Condition.
5. (1) When received by a retail food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells.
6. (2) Dead shellfish or shellstock with badly broken shells shall be discarded.

(j) Juice treated. Prepackaged juice shall be obtained:

1. (1) From a processor with an HACCP system as specified in 21 C.F.R. pt. 120, Hazard analysis and critical control point (HACCP) systems; ^Pf and
2. (2) Pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 C.F.R. § 120.24, Process controls. ^P