Pasteurized foods, prohibited reservice, and prohibited food.* In a retail food establishment that serves a highly susceptible population:

1. (1) The following criteria apply to juice:

   1. (A) For the purposes of this paragraph only, children who are age nine (9) or less and receive food in a school, daycare setting, or similar facility that provides custodial care are included as highly susceptible populations;
   2. (B) Prepackaged juice or a prepackaged beverage containing juice, that bears a warning label as specified in 21 C.F.R. § 101.17(g), Food labeling, warning, notice, and safe handling statements, Juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens, or a packaged juice or beverage containing juice, that bears a warning label as specified under 20 CAR § 192-404(2) may not be served or offered for sale; ^P and
   3. (C) Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under an HACCP plan that contains the information specified under 20 CAR § 197-201(d)(2) and (5) and as specified in 21 C.F.R. pt. 120, Hazard analysis and critical control point (HACCP) systems, Subpart B — Pathogen reduction, § 120.24, Process controls; ^P

2. (2) Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of: ^P

   1. (A) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages; ^P and
   2. (B) Except as specified in subdivision (5) of this section, recipes in which more than one (1) egg is broken and the eggs are combined; ^P

3. (3) The following foods may not be served or offered for sale in a ready-to-eat form: ^P

   1. (A) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare; ^P
   2. (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; ^P and
   3. (C) Raw seed sprouts; ^P
4. (4) Food employees may not contact ready-to-eat food as specified under 20 CAR § 192-301(a)(2) and (5); ^P
5. (5) Time only, as the public health control as specified under 20 CAR § 192-501(i)(4), may not be used for raw eggs; ^P

6. (6) Subdivision (2)(B) of this section does not apply if:

   1. (A) The raw eggs are combined immediately before cooking for one (1) consumer’s serving at a single meal, cooked as specified under 20 CAR § 192-401(a)(1)(A), and served immediately, such as an omelet, soufflé, or scrambled eggs;
   2. (B) The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or

   3. (C) The preparation of the food is conducted under an HACCP plan that:

      1. (i) Identifies the food to be prepared;
      2. (ii) Prohibits contacting ready-to-eat food with bare hands;

      3. (iii) Includes specifications and practices that ensure:

         1. (a) (a) Salmonella Enteritidis growth is controlled before and after cooking; and
         2. (b) (b) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in 20 CAR § 192-401(a)(1)(B);

      4. (iv) Contains the information specified under 20 CAR § 197-201(d)(4) including procedures that:

         1. (a) (a) Control cross-contamination of ready-to-eat food with raw eggs; and
         2. (b) (b) Delineate cleaning and sanitization procedures for food-contact surfaces; and
      5. (v) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used;
7. (7) Except as specified in subdivision (8) of this section, food may be re-served as specified under 20 CAR § 192-306(d)(2)(A) and (B); and

8. (8) Food may not be re-served under the following conditions:

   1. (A) Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation may not be re-served to others outside; and
   2. (B) Packages of food from any patients, clients, or other consumers should not be re-served to persons in protective environment isolation.