1009

1009.1

Except as specified in § 1009.4, if time without temperature control is used as the public health control for a working supply of potentially hazardous food (time/temperature control for safety food) before cooking, or for ready-to-eat potentially hazardous food (time/temperature control for safety food) that is displayed or held for sale or service:

(a) Written procedures shall be prepared in advance, maintained in the food establishment and made available to the Department upon request and shall specify: Pf

(1) Methods of compliance with §§ 1009.2(a) through 1009.2(c) or § 1009.3; Pf and

(2) Methods of compliance with § 1003 for food that is prepared, cooked, and refrigerated before time is used as a public health control. Pf

1009.2

If time temperature control is used as the public health control up to a maximum of four (4) hours:

(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

(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

(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

(d) The food in unmarked containers or packages, or marked to exceed a four (4)-hour limit shall be discarded. P

1009.3

If time temperature control is used as the public health control up to a maximum of six (6) hours:

(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 temperature control and the food temperature shall not exceed and twenty-one degrees Celsius (21° C) (seventy degrees Fahrenheit (70° F)) within a maximum

time period of six (6) hours;^P

(b) The food shall be monitored to ensure the warmest portion of the food does not exceed twenty-one degrees Celsius (21° C) (seventy degrees Fahrenheit (70° F)) during the six hour (6 hr.) period, unless an ambient air temperature is maintained that ensures the food does not exceed twenty-one degrees Celsius (21° C) (seventy degrees Fahrenheit (70° F)) during the six (6) hour holding period;^Pf

(c) The food shall be marked or otherwise identified to indicate:^Pf

(1) The time when the food is removed from five degrees Celsius (5° C) (forty-one degrees Fahrenheit (41° F)) or less cold holding temperature control;^Pf and

(2) The time that is six (6) hours past the point in time when the food is removed from cold holding temperature control;^Pf

(d) The food shall be:

(1) Discarded if the temperature of the food exceeds twenty-one degrees Celsius (21° C) (seventy degrees Fahrenheit (70° F));^P or

(2) Cooked and served, served at any temperature if ready-to-eat, or discarded within a maximum of six (6) hours from the point in time when the food is removed from five degrees Celsius (5° C) (forty-one degrees Fahrenheit (41° F)) or less cold holding temperature control;^P and

(e) The food in unmarked containers or packages, or marked with a time that exceeds the six (6) hour limit shall be discarded.^P

1009.4 A food establishment that serves a highly susceptible population shall not use time as specified in §§ 1009.1, 1009.2, or 1009.3 as the public health control for raw eggs.

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).