Section 410IAC7-21-25. "Potentially hazardous food" defined  


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  •    (a) "Potentially hazardous food" means a natural or synthetic food and requires temperature control because it is in a form capable of supporting any of the following:

    (1) The rapid and progressive growth of infectious or toxigenic micro-organisms.

    (2) The growth and toxin production of Clostridium botulinum.

    (3) In raw shell eggs, the growth of Salmonella enteritidis.

      (b) The term includes the following:

    (1) A food of animal origin that is raw or heat-treated.

    (2) A food of plant origin that is heat-treated or consists of raw seed sprouts.

    (3) Cut melons.

    (4) Garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under subsection (a).

      (c) The term does not include any of the following:

    (1) An air-cooled hard-boiled egg with shell intact.

    (2) A food with a water activity (aw) value of eighty-five hundredths (0.85) or less.

    (3) A food with a pH level of four and six-tenths (4.6) or below when measured at seventy-five (75) degrees Fahrenheit.

    (4) A food, in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.

    (5) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic micro-organisms or the growth of Salmonella enteritidis in eggs or Clostridium botulinum cannot occur, such as a food that:

    (A) has an aw and a pH that are above the levels specified under subdivisions (2) and (3); and

    (B) may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms.

    (6) A food that may contain an infectious or toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness, but that does not support the growth of micro-organisms as specified under subsection (a).

    (Indiana State Department of Health; 410 IAC 7-21-25; filed Jan 7, 2002, 10:16 a.m.: 25 IR 1617, eff one hundred twenty (120) days after filing with secretary of state; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA)