Section 410IAC7-24-153. Pasteurized food and prohibited food

   (a) The following apply in a retail food establishment that serves a highly susceptible population:

(1) The following criteria apply to juice:

(A) For purposes of this subdivision only, children who are nine (9) years of age or less and receive food in a school, day care setting, or similar facility that provides custodial care are included as highly susceptible populations.

(B) Prepackaged juice or a prepackaged beverage containing juice that bears a warning label as specified in 21 CFR 101.17(g) Food Labeling or packaged juice or beverage containing juice that bears a warning label as specified under section 152(b)(2) of this rule may not be served or offered for sale.

(C) Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP plan that contains the information specified in section 115(a)(2) through 115(a)(5) of this rule and as specified under 21 CFR 120.24 Process Controls.

(2) Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of the following:

(A) Foods, such as the following:

(i) Caesar salad.

(ii) Hollandaise or béarnaise sauce.

(iii) Mayonnaise.

(iv) Egg-fortified beverages.

(B) Except as specified in subdivision (5), recipes in which more than one (1) egg is broken and the eggs are combined.

(3) The following foods may not be served or offered for sale in a ready-to-eat form:

(A) Raw animal foods, such as the following:

(i) Raw fish.

(ii) Raw-marinated fish.

(iii) Raw molluscan shellfish.

(iv) Steak tartare.

(B) A partially cooked animal food, such as the following:

(i) Lightly cooked fish.

(ii) Rare meat.

(iii) Soft-cooked eggs that are made from raw shell eggs.

(iv) Meringue.

(C) Raw seed sprouts.

(4) Food employees may not contact ready-to-eat food as specified under section 171(b) of this rule.

(5) Subdivision (2)(B) does not apply if:

(A) the raw eggs are combined:

(i) immediately before cooking for one (1) consumer's serving at a single meal, cooked as specified under section 182(a)(1) of this rule, and served immediately, such as an omelet, soufflé, or scrambled eggs; or

(ii) as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or

(B) the preparation of the food is conducted under a HACCP plan that:

(i) identifies the food to be prepared;

(ii) prohibits contacting ready-to-eat food with bare hands;

(iii) includes specifications and practices that ensure that Salmonella enteritidis growth is controlled before and after cooking, and Salmonella enteritidis is destroyed by cooking the eggs according to the temperature and time specified in section 182(a)(2) of this rule;

(iv) contains the information specified under section 115(a)(4) of this rule including procedures that control cross-contamination of ready-to-eat food with raw eggs and delineate cleaning and sanitization procedures for food-contact surfaces; and

(v) describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

  (b) For purposes of this section, a violation of subsection (a) is a critical item. (Indiana State Department of Health; 410 IAC 7-24-153; filed Oct 13, 2004, 12:30 p.m.: 28 IR 848; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)