(a) Parasite destruction.*

1. (1) Except as specified in subdivision (a)(2) of this section, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish shall be:

   1. (A) Frozen and stored at a temperature of negative twenty degrees Celsius (-20°C) (negative four degrees Fahrenheit (-4°F)) or below for one hundred sixty-eight (168) hours (seven (7) days) in a freezer; ^P
   2. (B) Frozen at negative thirty-five degrees Celsius (-35°C) (negative thirty-one degrees Fahrenheit (-31°F)) or below until solid and stored at negative thirty-five degrees Celsius (-35°C) (negative thirty-one degrees Fahrenheit (-31°F)) or below for a minimum of fifteen (15) hours; ^P or
   3. (C) Frozen at negative thirty-five degrees Celsius (-35°C) (negative thirty-one degrees Fahrenheit (-31°F)) or below until solid and stored at negative twenty degrees Celsius (-20°C) (negative four degrees Fahrenheit (-4°F)) or below for a minimum of twenty-four (24) hours. ^P

2. (2) Subdivision (a)(1) of this section does not apply to:

   1. (A) Molluscan shellfish;
   2. (B) A scallop product consisting only of the shucked adductor muscle;
   3. (C) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern);
   4. (D) Aquacultured fish, such as salmon, that:

(i) If raised in open water, are raised in net-pens; or

1. (ii) Are raised in land-based operations such as ponds or tanks; and

   1. (iii) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish; or
   2. (E) Fish eggs that have been removed from the skein and rinsed.

(b) Records — Creation and retention.

1. (1) Except as specified in subdivisions (a)(2) and (b)(2) of this section, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records in the retail food establishment for ninety (90) calendar days beyond the time of service or sale of the fish. ^Pf
2. (2) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under subsection (a) of this section may substitute for the records specified under subdivision (b)(1) of this section.

3. (3) If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in subdivision (a)(2)(C) of this section, a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in subdivision (a)(2)(C) of this section shall be obtained by the person in charge and retained in the records of the retail food establishment for ninety (90) calendar days beyond the time of service or sale of the fish. ^Pf

   1. (c) 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.