FOOD SUPPLIES

Section 14-1.30 - Definition of food

FOOD SUPPLIES

14-1.30 Definition of food.

Food is any edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.31 - Food; definitions of contamination and potentially hazardous food; food sources; hermetically sealed foods

14-1.31 Food; Definitions of contamination and potentially hazardous food; food sources; hermetically sealed foods.

(a) Food is to be free from adulteration, spoilage, filth or other contamination, and suitable for human consumption.

(b) "Contamination" means exposing food to filth, toxic substances, manual contact during service or preparation if such food will not be subsequently cooked prior to service, rodent or insect contact or infestation, or any condition which permits introduction of pathogenic microorganisms or foreign matter. Potentially hazardous foods held at temperatures between 45 degrees Fahrenheit (7.2 degrees Celsius) and 140 degrees Fahrenheit (60 degrees Celsius) either for a period of time exceeding that reasonably required for preparation or for more than two hours, the allowed service time, are considered to be contaminated. Contaminated food is considered adulterated.

(c) "Potentially hazardous food" is any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, cooked potato, cooked rice or other ingredients, including synthetic ingredients, in a form capable of supporting: (1) rapid and progressive growth of infectious, or toxigenic microorganisms; or (2) the slower growth of C. botulinum. The term does not include foods with a water activity (Aw) value of 0.85 or less, or a hydrogen ion concentration (pH) level of 4.6 or below.

(d) Food is to be obtained from approved sources that comply with all laws relating to food and food labeling. The use of food prepared in any place that is not operated under jurisdiction of an appropriate regulatory agency and having a current permit or license to operate, if required, from that agency is prohibited.

(e) Hermetically sealed foods are to have been processed in commercial food processing establishments meeting requirements of section 14-1.21 of this Subpart. The use of home-canned foods in food service establishments is prohibited.

Effective Date: 
Wednesday, August 19, 1992
Doc Status: 
Complete

Section 14-1.32 - Definition of hermetically sealed container

14-1.32 Definition of hermetically sealed container. A "hermetically sealed container" is a container which is designed and intended to be secure against the entry of microorganisms and to maintain the safety and quality of its contents after processing.

Doc Status: 
Complete

Section 14-1.33 - Milk and milk products and substitutions; fresh and frozen shellfish; eggs; pasteurization, packaging and labeling

14-1.33 Milk and milk products and substitutions; fresh and frozen shellfish; eggs; pasteurization, packaging and labeling.

(a) When fluid and dry milk, fluid and dry milk products, and fluid or dry milk substitutes are used or served, they are to be pasteurized and are to meet the standards established by law.

(b) When fresh and frozen shellfish or shucked shellfish (oysters, clams, or mussels) are used, they must be identified with the name and address of the original shell-stock processor, shucker-packer, or repacker, and the foreign, intrastate, and interstate certification number issued according to law. Tags are to be retained for 90 days after use of shellfish.

(c) Only clean, whole eggs, with shell intact and free from cracks or checks, or pasteurized liquid, frozen or dry eggs or pasteurized dry egg products are to be used. All containers in which shell eggs are received in a food service establishment must identify the source.

Effective Date: 
Wednesday, August 19, 1992
Doc Status: 
Complete

Section 14-1.34 - Microbiological standards; potentially hazardous foods

14-1.34 Microbiological standards; potentially hazardous foods.

(a) The State Commissioner of Health may designate, by administrative order, the names and types of foods which are potentially hazardous and subject to microbiological standards established by him.

(b) No person is to manufacture, produce, pack, possess, sell, offer for sale, deliver or give away any potentially hazardous food of the name or type designated pursuant to subdivision (a) of this section, if such food contains any fecal coliform, salmonella, shigella or other pathogenic microorganisms or their toxic products.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.35 - Packaging of smoked fish and smoked fish product

14-1.35 Packaging of smoked fish and smoked fish products.

No person shall package, distribute, sell, offer for sale or deliver smoked fish or smoked fish products packaged so that oxygen is excluded, unless the product has been heat processed after packaging at a temperature and for a time sufficient to destroy all spores of Clostridium botulinum and is packaged in such a fashion that subsequent bacterial contamination is prevented. If not packaged so that oxygen is excluded or if not heat processed to destroy Clostridium botulinum spores and packaged so as to prevent subsequent bacterial contamination, the smoked fish or smoked fish product shall be immediately refrigerated and maintained at a temperature of 38 degrees Fahrenheit or less without interruption until sold to the ultimate consumer.

Effective Date: 
Wednesday, August 19, 1992
Doc Status: 
Complete