3717-1-03.3(A)(3) Food: destruction of organisms of public health concern

A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in paragraph (A)(2) of this rule, may be served or offered for sale upon consumer request or selection in a ready-to-eat form if:

(a)

As specified under paragraphs (C)(1) and (C)(2) of rule 3717-1-03.7 of the Administrative Code, the food service operation or retail food establishment serves a population that is not a highly susceptible population;

(b)

The consumer is informed as specified under paragraph (E) of rule 3717-1-03.5 of the Administrative Code that to ensure its safety, the food should be cooked as specified under paragraph (A)(1)(a), (A)(1)(b), (A)(1)(c), or (A)(4) of this rule; or

(c)

The Ohio department of agriculture or the Ohio department of health grants a variance from the requirements of paragraph (A)(1)(a), (A)(1)(b), (A)(1)(c), or (A)(4) of this rule based on a HACCP plan that:

(i)

Is submitted by the license holder and approved by the Ohio department of agriculture or the Ohio department of health as applicable;

(ii)

Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food; and

(iii)

Verifies that equipment and procedures for food preparation and training of food employees at the food service operation or retail food establishment meet the conditions of the variance.