Section 410IAC7-24-66. "Potentially hazardous food" defined  


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  •    (a) "Potentially hazardous food" means a food that is natural or synthetic 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 microorganisms.

    (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 an aw value of eighty-five hundredths (0.85) or less.

    (3) A food with a pH level of 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 microorganisms 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 microorganisms, or a combination of barriers that inhibit the growth of microorganisms.

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

    (Indiana State Department of Health; 410 IAC 7-24-66; filed Oct 13, 2004, 12:30 p.m.: 28 IR 829; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)