3-501 Temperature and Time Control
3-501.11 Frozen Food.
Stored frozen FOODS shall be maintained frozen.
3-501.12 Potentially Hazardous Food, Slacking.
Frozen POTENTIALLY HAZARDOUS FOOD that is slacked to moderate the temperature shall be held:
(A) Under refrigeration that maintains the FOOD temperature at 5°C (41°F) or less, or at 7°C (45°F) or less as specified under ¶ 3-501.16(C); or(B) At any temperature if the FOOD remains frozen.3-501.13 Thawing.
Except as specified in ¶ (D) of this section, POTENTIALLY HAZARDOUS FOOD shall be thawed:
(A) Under refrigeration that maintains the FOOD temperature at 5°C (41°F) or less, or at 7°C (45°F) or less as specified under ¶ 3-501.16(C); or(B) Completely submerged under running water: (1) At a water temperature of 21°C (70°F) or below,(2) With sufficient water velocity to agitate and float off loose particles in an overflow, and(3) For a period of time that does not allow thawed portions of READY-TO-EAT FOOD to rise above 5°C (41°F), or 7°C (45°F) as specified under ¶ 3-501.16(C), or(4) For a period of time that does not allow thawed portions of a raw animal FOOD requiring cooking as specified under ¶ 3-401.11(A) or (B) to be above 5°C (41°F), or 7°C (45°F) as specified under ¶ 3-501.16(C), for more than 4 hours including: (a) The time the FOOD is exposed to the running water and the time needed for preparation for cooking, or(b) The time it takes under refrigeration to lower the FOOD temperature to 5°C (41°F), or 7°C (45°F) as specified under ¶ 3-501.16(C);(C) As part of a cooking process if the FOOD that is frozen is:(1) Cooked as specified under ¶ 3-401.11(A) or (B) or § 3 -401.12, or(2) Thawed in a microwave oven and immediately transferred to conventional cooking EQUIPMENT, with no interruption in the process; or(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.3-501.14 Cooling.*
(A) Cooked POTENTIALLY HAZARDOUS FOOD shall be cooled:(1) Within 2 hours, from 60°C (140°F) to 21°C (70°F); and(2) Within 4 hours, from 21°C (70°F) to 5°C (41°F) or less, or to 7°C (45°F) as specified under ¶ 3-501.16(C).(B) POTENTIALLY HAZARDOUS FOOD shall be cooled within 4 hours to 5°C (41°F) or less, or to 7°C (45°F) as specified under ¶ 3-501.16(C) if prepared from ingredients at ambient temperature, such as reconstituted FOODS and canned tuna.(C) Except as specified in ¶ (D) of this section, a POTENTIALLY HAZARDOUS FOOD received in compliance with LAWS allowing a temperature above 5°C (41°F) during shipment from the supplier as specified in ¶ 3-202.11(B), shall be cooled within 4 hours to 5°C (41°F) or less, or 7°C (45°F) or less as specified under ¶ 3-501.16(C).(D)Shell eggs need not comply with ¶ (C) of this section if the eggs are placed immediately upon their receipt in refrigerated EQUIPMENT that is capable of maintaining FOOD at 5°C (41°F) or less, or 7°C (45°F) or less as specified under ¶ 3-501.16(C).3-501.15 Cooling Methods.
(A) Cooling shall be accomplished in accordance with the time and temperature criteria specified under § 3 -501.14 by using one or more of the following methods based on the type of FOOD being cooled: (1) Placing the FOOD in shallow pans;(2) Separating the FOOD into smaller or thinner portions;(3) Using rapid cooling EQUIPMENT;(4) Stirring the FOOD in a container placed in an ice water bath;(5) Using containers that facilitate heat transfer;(6) Adding ice as an ingredient; or(7) Other effective methods.(B) When placed in cooling or cold holding EQUIPMENT, FOOD containers in which FOOD is being cooled shall be:(1) Arranged in the EQUIPMENT to provide maximum heat transfer through the container walls; and(2) Loosely covered, or uncovered if protected from overhead contamination as specified under Subparagraph 3-305.11(A)(2), during the cooling period to facilitate heat transfer from the surface of the FOOD.3-501.16 Potentially Hazardous Food, Hot and Cold Holding.*
Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under § 3 -501.19, POTENTIALLY HAZARDOUS FOOD shall be maintained:
(A) At 60°C (140°F) or above, except that roasts cooked to a temperature and for a time specified under ¶ 3-401.11(B) or reheated as specified in ¶ 3-403.11(E) may be held at a temperature of 54°C (130°F); or(B) At 5°C (41°F) or less, except as specified under ¶ (C) of this section and §§ 3 -501.18, and 4-04.111.(C) At 7°C (45°F) or between 7°C (45°F) and 5°C (41°F) in existing refrigeration EQUIPMENT that is not capable of maintaining the FOOD at 5°C (41°F) or less if: (1) The EQUIPMENT is in place and in use in the FOOD ESTABLISHMENT; and(2) Within 10 years of the REGULATORY AUTHORITY'S adoption of this Code, the EQUIPMENT is upgraded or replaced to maintain FOOD at a temperature of 5°C (41°F) or less. (a) If, during this period of time, the EQUIPMENT is replaced, it shall be replaced with EQUIPMENT that meets §(B) above.(b) This EQUIPMENT is to be used for short term storage of food only.3-501.17 Ready-to-Eat, Potentially Hazardous Food, Date Marking.*
RESERVED
3-501.18 Ready-to-Eat, Potentially Hazardous Food, Disposition.*
(A) Refrigerated, ready-to-eat, potentially hazardous food prepared in a food establishment and dispensed through a vending machine with an automatic shut-off control that is activated at a temperature of:(1) 5°C (41°F) shall be discarded if not sold within 7 days; or(2) 7°C (45°F) shall be discarded if not sold within 4 days.3-501.19 Time as a Public Health Control.*
(A) Except as specified under ¶ (B) of this section, if time only, rather than time in conjunction with temperature, is used as the public health control for a working supply of POTENTIALLY HAZARDOUS FOOD before cooking, or for READY-TO-EAT POTENTIALLY HAZARDOUS FOOD that is displayed or held for service for immediate consumption: (1) The FOOD shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the FOOD is removed from temperature control,(2) The FOOD shall be cooked and served, served if READY-TO-EAT, or discarded, within 4 hours from the point in time when the FOOD is removed from temperature control,(3) The FOOD in unmarked containers or packages or marked to exceed a 4 hour limit shall be discarded, and(4) Written procedures shall be maintained in the FOOD ESTABLISHMENT and made available to the REGULATORY AUTHORITY upon request, that ensure compliance with:(a) Subparagraphs (A)(1)-(4) of this section, and(b) § 3 -501.14 for FOOD that is prepared, cooked, and refrigerated before time is used as a public health control.(B) In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION, time only, rather than time in conjunction with temperature, may not be used as the public health control for raw eggs.3-502 Specialized Processing Methods
3-502.11 Variance Requirement.*
A FOOD ESTABLISHMENT shall obtain a VARIANCE from the REGULATORY AUTHORITY as specified in § 8 -103.10 and under § 8 -103.11 before smoking FOOD as a method of FOOD preservation rather than as a method of flavor enhancement; curing FOOD; brewing alcoholic BEVERAGES; using FOOD ADDITIVES or adding components such as vinegar as a method of FOOD preservation rather than as a method of flavor enhancement or to render a FOOD so that it is not POTENTIALLY HAZARDOUS; packaging FOOD using a REDUCED OXYGEN PACKAGING method except as specified under § 3 -502.12 where a barrier to Clostridium botulinum in addition to refrigeration exists; custom processing animals that are for personal use as FOOD and not for sale or service in a FOOD ESTABLISHMENT; or preparing FOOD by another method that is determined by the REGULATORY AUTHORITY to require a VARIANCE.
3-502.12 Reduced Oxygen Packaging, Criteria.*
(A) Except for a FOOD ESTABLISHMENT that obtains a VARIANCE as specified under § 3 -502.11, a FOOD ESTABLISHMENT that packages FOOD using a REDUCED OXYGEN PACKAGING method and Clostridium botulinum is identified as a microbiological HAZARD in the final PACKAGED form shall ensure that there are at least two barriers in place to control the growth and toxin formation of C. botulinum.(B) A FOOD ESTABLISHMENT that packages FOOD using a REDUCED OXYGEN PACKAGING method and Clostridium botulinum is identified as a microbiological HAZARD in the final PACKAGED form shall have a HACCP PLAN that contains the information specified under ¶ 8-201.14(D) and that: (1) Identifies the FOOD to be PACKAGED;(2) Limits the FOOD PACKAGED to a FOOD that does not support the growth of Clostridium botulinum because it complies with one of the following: (a) Has an aw of 0.91 or less,(b) Has a pH of 4.6 or less,(c) Is a MEAT or POULTRY product cured at a FOOD PROCESSING PLANT regulated by the U.S.D.A. using substances specified in 9 CFR 318.7 Approval of substances for use in the preparation of products and 9 CFR 381.147 Restrictions on the use of substances in poultry products and is received in an intact package, or(d) Is a FOOD with a high level of competing organisms such as raw MEAT or raw POULTRY;(3) Specifies methods for maintaining FOOD at 5°C (41°F) or below;(4) Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to: (a) Maintain the FOOD at 5°C (41°F) or below, and(b) Discard the FOOD if within 14 calendar days of its packaging it is not served for on-PREMISES consumption, or consumed if served or sold for off-PREMISES consumption;(5) Limits the shelf life to no more than 14 calendar days from packaging to consumption or the original manufacturer's "sell by" or "use by" date, whichever occurs first;(6) Includes operational procedures that: (a) Prohibit contacting FOOD with bare hands,(b) Identify a designated area and the method by which:(i) Physical barriers or methods of separation of raw FOODS and READY-TO-EAT FOODS minimize cross contamination, and(ii) Access to the processing EQUIPMENT is restricted to responsible trained personnel familiar with the potential HAZARDS of the operation, and(c) Delineate cleaning and SANITIZATION procedures for FOOD-CONTACT SURFACES; and(7) Describes the training program that ensures that the individual responsible for the REDUCED OXYGEN PACKAGING operation understands the:(a) Concepts required for a safe operation,(b) EQUIPMENT and facilities, and(c) Procedures specified under Subparagraph (A)(6) of this section and ¶ 8-201.14(D).(C)Except for FISH that is frozen before, during, and after packaging, a FOOD ESTABLISHMENT may not package FISH using a REDUCED OXYGEN PACKAGING method.01-001 C.M.R. ch. 331, § 3-5