3717-1-03.4(I) Food: limitation of growth of organisms of public health concern

Time as a public health control.

(1)

If time without temperature control is used as the public health control for a working supply of time/temperature controlled for safety food before cooking, or for ready-to-eat time/temperature controlled for safety food that is displayed or held for sale or service, written procedures are to be prepared in advance, maintained in the food service operation or retail food establishment and made available to the licensor upon request that specify:

(a)

Methods of compliance with paragraphs (I)(2)(a) to (I)(2)(e), or paragraphs (I)(3)(a) to (I)(3)(e) of this rule; and

(b)

Methods of compliance with paragraph (D) of this rule for food that is prepared, cooked, and refrigerated before time is used as a public health control.

(2)

If time without temperature control is used as the public health control up to a maximum of four hours:

(a)

The food is to have an initial temperature of forty-one degrees Fahrenheit (five degrees Celsius) or less when removed from cold holding temperature control, or one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or greater when removed from hot holding temperature control;

(b)

The food may have an initial temperature of seventy degrees Fahrenheit (twenty-one degrees Celsius) or less if;

(i)

It is a ready-to-eat fruit or vegetable that upon cutting is rendered a time/temperature controlled for safety food as defined in paragraph (B)(125) of rule 3717-1-01 of the Administrative Code; or

(ii)

It is a ready-to-eat hermetically sealed food that upon opening is rendered a time/temperature controlled for safety food as defined in paragraph (B)(125) of rule 3717-1-01 of the Administrative Code;

(iii)

It is a non-time/tempeature controlled for safety batter mix that contains dried milk and/or eggs and becomes a time/temperature controlled for safety food upon mixing with water such as waffle, pancake, or muffin batter mixes;

(iv)

The food temperature does not exceed seventy degrees Fahrenheit (twenty-one degrees Celsius) within a maximum time period of four hours from the time it was rendered a time/temperature controlled for safety food; and

(v)

The food is marked or otherwise identified to indicate the time that is four hours past the point in time when the food is rendered a time/temperature controlled for safety food as specified in paragraphs (I)(2)(b)(i) and (I)(2)(b)(ii) of this rule.

(c)

The food is to be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control;

(d)

The food is to be cooked and served, served at any temperature if ready-to-eat, or discarded, within four hours from the point in time when the food is removed from temperature control; and

(e)

The food in unmarked containers or packages, or marked to exceed a four-hour limit will be discarded.

(3)

If time without temperature control is used as the public health control up to a maximum of six hours:

(a)

The food is to have an initial temperature of forty-one degrees Fahrenheit (five degrees Celsius) or less when removed from temperature control and the food temperature cannot exceed seventy degrees Fahrenheit (twenty-one degrees Celsius) within a maximum time period of six hours;

(b)

The food is to be monitored to ensure the warmest portion of the food does not exceed seventy degrees Fahrenheit (twenty-one degrees Celsius) during the six-hour period, unless an ambient air temperature is maintained that ensures the food does not exceed seventy degrees Fahrenheit (twenty-one degrees Celsius) during the six-hour holding period;

(c)

The food is to be marked or otherwise identified to indicate:

(i)

The time when the food is removed from forty-one degrees Fahrenheit (five degrees Celsius) or less cold holding temperature control; and

(ii)

The time that is six hours past the point in time when the food is removed from cold holding temperature control.

(d)

The food is to be:

(i)

Discarded if the temperature of the food exceeds seventy degrees Fahrenheit (twenty-one degrees Celsius); or

(ii)

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

(e)

The food in unmarked containers or packages, or marked with a time that exceeds the six-hour limit will be discarded.

(4)

A food service operation or a retail food establishment that serves a highly susceptible population is not permitted to use time as specified under paragraph (I)(1), (I)(2) or (I)(3) of this rule as the public health control for raw eggs that are for service to a highly susceptible population.