1300 ADDITIONAL SAFEGUARDS – PASTEURIZED FOODS, PROHIBITED RESERVICE, AND PROHIBITED FOODS

1300.1 In a food establishment that serves a highly susceptible population the following criteria apply to juice:

1. (a) For the purpose of this section only, children who are age nine (9) or less and receive food in a school, day care 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 in § 907.1(b) shall not be served or offered for sale; and

(c) Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP Plan that contains the information specified in § 4205.1(b) through (e) and as specified in 21 C.F.R. part 120 – Hazard Analysis and Critical Control Point (HACCP) systems, subpart B Pathogen Reduction, § 120.24 - Process controls.

1300.2 In a food establishment that serves a highly susceptible population pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of:

(a) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages; and

(b) Recipes in which more than one (1) egg is broken and the eggs are combined, except as specified in § 1300.8;

1300.3 In a food establishment that serves a highly susceptible population the following foods shall not be served or offered for sale in a ready-to-eat form:

(a) Raw animal food such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare;

(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; and

(c) Raw seed sprouts.

1300.4 Food employees shall not contact ready-to-eat food as specified in §§ 800.2 and 800.4.

1300.5 Time only, as the public health control as specified in § 1009.4, shall not be used

for raw eggs.

1300.6 Subsection 1300.2(b) does not apply if the raw eggs are combined immediately before cooking for one (1) consumer's serving at a single meal, cooked as specified in § 900.1(a), and served immediately, such as an omelet, soufflé, or scrambled eggs.1300.7 Subsection 1300.2(b) does not apply if 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.1300.8 Subsection 1300.2(b) does not apply if the preparation of the food is conducted under a HACCP Plan that:- (a) Identifies the food to be prepared;

- (b) Prohibits contacting ready-to-eat food with bare hands;

- (c) Includes specifications and practices that ensure:

- (1) Salmonella Enteritidis growth is controlled before and after cooking; and

- (2) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in § 900.1(b);

- (d) Contains the information specified in § 4205.1(d) including procedures that:

- (1) Control cross contamination of ready-to-eat food with raw eggs; and

- (2) Delineate cleaning and sanitization procedures for food contact surfaces; and

- (e) Describes the training program that ensures the food employee responsible for the preparation of the food understands the procedures to be used.1300.9 Food may be re-served as specified in § 823.2, except as specified in § 1300.10.1300.10 Food shall not be re-served under the following conditions:- (a) Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation shall not be re-served to others outside; and

- (b) Packages of food from any patients, clients, or other consumers shall not

be re-served to persons in protective environment isolation.

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