(b) Time/temperature control for safety food — Slacking. Frozen time/temperature control for safety food that is slacked to moderate the temperature shall be held:

1. (1) Under refrigeration that maintains the food temperature at five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less, or at five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less; or
2. (2) At any temperature if the food remains frozen.

(c) Thawing.

1. (1) Except as specified in subdivision (c)(4) of this section, time/temperature control for safety food shall be thawed:

   1. (A) Under refrigeration that maintains the food temperature at five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less;
   2. (B) Completely submerged under running water:

(i) At a water temperature of twenty-one degrees Celsius (21°C) (seventy degrees Fahrenheit (70°F)) or below;

1. (ii) With sufficient water velocity to agitate and float off loose particles in an overflow; and

   1. (iii) For a period of time that does not allow thawed portions of ready-to-eat food to rise above five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)); or

      1. (iv) For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified under 20 CAR § 192-401(a)(1) or (a)(2) to be above five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) for more than four (4) hours including:

(b) (b) The time it takes under refrigeration to lower the food temperature to five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F));

1. (C) As part of a cooking process if the food that is frozen is:

   1. (i) Cooked as specified under 20 CAR § 192-401(a)(1), (a)(2), or (b); or

      1. (ii) Thawed in a microwave oven and immediately transferred to conventional cooking equipment with no interruption in the process; or
   2. (D) Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer’s order.

2. (2) 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:

   1. (A) Prior to its thawing under refrigeration as specified in subdivision (c)(1) of this section; or

   2. (B) Prior to, or immediately upon completion of, its thawing using procedures specified in subdivision (c)(2) of this section.

      1. (d) Cooling.*

3. (1) Cooked time/temperature control for safety food shall be cooled:

   1. (A) Within two (2) hours from fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) to twenty-one degrees Celsius (21°C) (seventy degrees Fahrenheit (70°F)); ^P and
   2. (B) Within six (6) hours from fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) to five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less. ^P
4. (2) Time/temperature control for safety food shall be cooled within four (4) hours to five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna. ^P
5. (3) Except as specified in subdivision (d)(4) of this section, a time/temperature control for safety food received in compliance with laws allowing a temperature above five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) during shipment from the supplier as specified in 20 CAR § 192-202(a)(2), shall be cooled within four (4) hours to five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less. ^P
6. (4) Raw eggs shall be received as specified under 20 CAR § 192-202(a)(3) and immediately placed in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7°C) (forty-five degrees Fahrenheit (45°F)) or less. ^P

(e) Cooling methods.

1. (1) Cooling shall be accomplished in accordance with the time and temperature criteria specified under subsection (d) of this section by using one (1) or more of the following methods based on the type of food being cooled:

   1. (A) Placing the food in shallow pans; ^Pf
   2. (B) Separating the food into smaller or thinner portions; ^Pf
   3. (C) Using rapid cooling equipment; ^Pf
   4. (D) Stirring the food in a container placed in an ice water bath; ^Pf
   5. (E) Using containers that facilitate heat transfer; ^Pf
   6. (F) Adding ice as an ingredient; ^Pf or
   7. (G) Other effective methods. ^Pf

2. (2) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

   1. (A) Arranged in the equipment to provide maximum heat transfer through the container walls; and
   2. (B) Loosely covered, or uncovered if protected from overhead contamination as specified under 20 CAR § 192-305(a)(1)(B), during the cooling period to facilitate heat transfer from the surface of the food.

(f) Time/temperature control for safety food — Hot and cold holding.*

1. (1) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified in subsection (i) of this section, and except as specified in subdivision (f)(2) and (3) of this section, time/temperature control for safety food shall be maintained:

   1. (A) At fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) or above, except that roasts cooked to a temperature and for a time specified in 20 CAR § 192-401(a)(2) or reheated as specified in 20 CAR § 192-403(e) may be held at a temperature of fifty-four degrees Celsius (54°C) (one hundred thirty degrees Fahrenheit (130°F)) or above; ^P or
   2. (B) At five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less. ^P
2. (2) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7°C) (forty-five degrees Fahrenheit (45°F)) or less. ^P
3. (3) Time/temperature control for safety food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under subdivision (f)(1) of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified under 20 CAR § 193-204(c)(5).

(g) Ready-to-eat time/temperature control for safety food date marking.*

1. (1)

   1. (A) Except when packaging food using a reduced oxygen packaging method as specified under 20 CAR § 192-503, and except as specified in subdivisions (g)(5) and (6) of this section, refrigerated, ready-to-eat time/temperature control for safety food prepared and held in a retail food establishment for more than twenty-four (24) hours shall be clearly marked to indicate the date, or day by which, the food shall be consumed on the premises, sold, or discarded when held at a temperature of five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less for a maximum of seven (7) days.
   2. (B) The day of preparation shall be counted as Day 1. ^Pf

2. (2) Except as specified in subdivisions (g)(5) and (7) of this section, refrigerated, ready-to-eat time/temperature control for safety food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a retail food establishment and if the food is held for more than twenty-four (24) hours, to indicate the date, or day by which, the food shall be consumed on the premises, sold, or discarded, based on the temperature specified in subdivision (g)(1) of this section and: ^Pf

   1. (A) The day the original container is opened in the retail food establishment shall be counted as Day 1; ^Pf and
   2. (B) The day or date marked by the retail food establishment may not exceed a manufacturer’s use-by date if the manufacturer determined the use-by date based on food safety. ^Pf
3. (3) A refrigerated, ready-to-eat time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient. ^Pf

4. (4) A date marking system that meets the criteria stated in subdivisions (g)(1) and (2) of this section may include:

   1. (A) Using a method approved by the regulatory authority for refrigerated, ready-to-eat time/temperature control for safety food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;
   2. (B) Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subdivision (g)(1) of this section;
   3. (C) Marking the date or day the original container is opened in a retail food establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subdivision (g)(2) of this section; or
   4. (D) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the regulatory authority upon request.
5. (5) Subdivisions (g)(1) and (2) of this section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.
6. (6) Subdivisions (g)(1) and (2) of this section do not apply to shellstock.

7. (7) Subdivision (g)(2) of this section does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

   1. (A) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 C.F.R. pt. 110, Current good manufacturing practice in manufacturing, packing, or holding human food;
   2. (B) Hard cheeses containing not more than thirty-nine percent (39%) moisture as defined in 21 C.F.R. pt. 133, Cheeses and related cheese products, such as cheddar, gruyere, Parmesan and Reggiano, and Romano;
   3. (C) Semisoft cheeses containing more than thirty-nine percent (39%) moisture, but not more than fifty percent (50%) moisture, as defined in 21 C.F.R. pt. 133, Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and Monterey Jack;
   4. (D) Cultured dairy products as defined in 21 C.F.R. pt. 131, Milk and cream, such as yogurt, sour cream, and buttermilk;
   5. (E) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 C.F.R. pt. 114, Acidified foods;
   6. (F) Shelf-stable dry fermented sausages, such as pepperoni and Genoa; and
   7. (G) Shelf-stable salt-cured products such as prosciutto and Parma (ham).

(h) Ready-to-eat time/temperature control for safety food — Disposition.*

1. (1) A food specified in subdivisions (g)(1) or (g)(2) of this section shall be discarded if it:

   1. (A) Exceeds the temperature and time combination specified in subdivision (g)(1) of this section, except time that the product is frozen; ^P
   2. (B) Is in a container or package that does not bear a date or day; ^P or
   3. (C) Is appropriately marked with a date or day that exceeds a temperature and time combination as specified in subdivision (g)(1) of this section. ^P

2. (2) Refrigerated, ready-to-eat time/temperature control for safety food prepared in a retail food establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds a temperature and time combination as specified in subdivision (g)(1) of this section. ^P

   1. (i) Time as a public health control.*

3. (1) Except as specified under subdivision (i)(4) of this section, if time without temperature control is used as the public health control for a working supply of time/temperature control for safety food before cooking, or for ready-to-eat time/temperature control for safety food that is displayed or held for sale or service, written procedures shall be prepared in advance, maintained in the retail food establishment and made available to the regulatory authority upon request that specify: ^Pf

   1. (A) Methods of compliance with subdivisions (i)(3)(A) – (C) or (i)(4) of this section; ^Pf and
   2. (B) Methods of compliance with subsection (d) of this section for food that is prepared, cooked, and refrigerated before time is used as a public health control. ^Pf
4. (2) If time/temperature control is used as the public health control up to a maximum of four (4) hours.

5. (3) Time — Maximum up to four (4) hours.

   1. (A) The food shall have an initial temperature of five degrees Celsius (5°C) (forty-one degrees Fahrenheit (41°F)) or less when removed from cold holding temperature control, or fifty-seven degrees Celsius (57°C) (one hundred thirty-five degrees Fahrenheit (135°F)) or greater when removed from hot holding temperature control; ^P
   2. (B) The food shall be marked or otherwise identified to indicate the time that is four (4) hours past the point in time when the food is removed from temperature control; ^Pf
   3. (C) The food shall be cooked and served, served at any temperature if ready-to-eat, or discarded, within four (4) hours from the point in time when the food is removed from temperature control; ^P and
   4. (D) The food in unmarked containers or packages, or marked to exceed a four-hour limit shall be discarded. ^P
6. (4) A retail food establishment that serves a highly susceptible population may not use time as specified under subdivisions (i)(3)(A) or (i)(3)(B) of this section as the public health control for raw eggs.