A. 
Safe, unadulterated, and honestly presented. Food shall be safe, unadulterated, and honestly presented.
A. 
Compliance with food law.
(1) 
Food shall be obtained from sources that comply with law.
(2) 
Food prepared in a private home may not be used or offered for human consumption in a food establishment.
(3) 
Packaged food shall be labeled as specified by law.
(4) 
Fish, other than molluscan shellfish, that are intended for consumption in their raw form shall be obtained from a supplier that processes the fish in accordance with the Department of Health and Human Services, Public Health Service, Food and Drug Administration regulations.
B. 
Hermetically sealed food. Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
C. 
Fluid milk and milk products. Fluid milk and milk products shall be obtained from sources that comply with Grade A standards as specified in law.
D. 
Fish. Fish may not be received for sale or service unless they are:
(1) 
Commercially and legally caught or harvested; or
(2) 
Caught recreationally and approved for sale or service by the regulatory authority.
E. 
Molluscan shellfish. Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Manual of Operations.
F. 
Wild mushrooms.
(1) 
Except as specified in Subsection F(2) of this section, mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by a mushroom identification expert.
(2) 
This section does not apply to:
(a) 
Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or
(b) 
Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
G. 
Game animals.
(1) 
Except as specified in Subsection G(2) of this section, game animals may not be received for sale or service.
(2) 
This section does not apply to the sale or service of:
(a) 
Game animals commercially raised for food that are:
[1] 
Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal heath jurisdiction; or
[2] 
Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction and are raised, slaughtered, and processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program. The agencies shall consider factors such as the need for antemortem and postmortem examination by a veterinarian or a veterinarian's designee approved by the regulatory authority.
(b) 
As allowed by law, field-dressed wild game animals that are approved by the regulatory authority.
H. 
Temperature.
(1) 
Except as specified in Subsection H(2) of this section, refrigerated potentially hazardous food shall be at a temperature of 40° F. (5° C.) or below when received.
(2) 
Fluid milk and milk products, molluscan shellstock, and shell eggs may be received at their respective temperatures according to laws governing their distribution.
(3) 
Except as specified under Subsection H(4) of this section, potentially hazardous food that is cooked to a temperature and for a time specified under § 335-10A to E and received hot shall be at a temperature of 140° F. (60° C.) or above.
(4) 
Upon receipt, potentially hazardous food shall be free of evidence of previous temperature abuse.
I. 
Additives. Food may not contain unapproved food additives or pesticide residues.
J. 
Shell eggs. Shell eggs shall be clean and received whole and without cracks or checks.
K. 
Liquid, frozen, and dry eggs. Liquid, frozen, and dry eggs and egg products shall be obtained pasteurized.
L. 
Fluid, frozen, and dry milk and milk products. Fluid, frozen, and dry milk and milk products shall be obtained pasteurized.
M. 
Package integrity. Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.
N. 
Ice. Ice for use as a food or a cooling medium shall be made from drinking water.
A. 
Preventing contamination from hands.
(1) 
Food employees shall wash their hands as specified under § 335-5A(1) and (2).
(2) 
Except when washing fruits and vegetables, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves.
B. 
Packaged and unpackaged food; separation, packaging, and segregation.
(1) 
Food shall be protected from cross-contamination by:
(a) 
Separating raw animal foods during storage, preparation, holding, and display from:
[1] 
Raw ready-to-eat food, including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as vegetables; and
[2] 
Cooked ready-to-eat food.
(b) 
Except when combined as ingredients, separating types of raw animal foods from each other, such as beef, fish, lamb, pork, and poultry, during storage, preparation, holding, and display by:
[1] 
Using separate equipment for each type; or
[2] 
Arranging each type of food in equipment so that cross-contamination of one type with another is prevented; and
[3] 
Preparing each type of food at different times or in separate areas.
(c) 
Cleaning equipment and utensils as specified under § 335-19B(1) and sanitizing as specified under § 335-20B.
(d) 
Except as specified in Subsection B(2) of this section, storing the food in packages, containers, or wrappings.
(e) 
Cleaning hermetically sealed food containers of visible soil before opening.
(f) 
Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened.
(g) 
Storing damaged, spoiled, or recalled food being held in the establishment as specified under Subsection O(4).
(h) 
Separating fruits and vegetables, before they are washed as specified under Subsection F, from ready-to-eat food.
(2) 
Subsection B(1)(d) of this section does not apply to:
(a) 
Whole, uncut, raw fruits and vegetables and nuts in the shell that require peeling or hulling before consumption;
(b) 
Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;
(c) 
Whole, uncut, processed meats such as country hams and smoked or cured sausages that are placed on clean, sanitized racks; or
(d) 
Food being cooled as specified under § 335-11E(2)(b).
C. 
Food storage containers identified with common name of food. Working containers holding food or food ingredients that are removed from their original packages for use in the establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar, shall be identified with the common name of the food, except that containers holding food that can be readily and unmistakably recognized, such as dry pasta, need not be identified.
D. 
Pasteurized eggs as substitute for shell eggs for certain recipes and populations. Pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for shell eggs in the preparation of:
(1) 
Foods that are not cooked as specified in § 335-10A(1)(a) or (b) such as eggs used in Caesar salad, hollandaise or bernaise sauce, noncommercial mayonnaise, eggnog, ice cream, and egg-fortified beverages; and
(2) 
Eggs for a highly susceptible population if the eggs are broken, combined in a container, and not cooked immediately or if the eggs are held before service following cooking.
E. 
Protection from unapproved additives.
(1) 
Food shall be protected from contamination that may result from the addition of:
(a) 
Unsafe or unapproved food or color additives; and
(b) 
Unsafe or unapproved levels of approved food and color additives.
(2) 
A food employee may not:
(a) 
Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or
(b) 
Serve or sell food specified in Subsection E(2)(a) of this section that is treated with sulfiting agents before receipt by the establishment, except that grapes need not meet this subsection.
F. 
Washing fruits and vegetables. Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form, except that whole raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.
G. 
Ice used as exterior coolant prohibited as ingredient. After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as food.
H. 
Storage or display of food in contact with water or ice.
(1) 
Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.
(2) 
Except as specified in Subsection H(3) and (4) of this section, unpackaged food may only be stored in direct contact with drained ice.
(3) 
Whole raw fruits or vegetables, cut raw vegetables such as celery or carrot sticks or cut potatoes, and tofu may be immersed in ice or water.
(4) 
Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.
I. 
Food contact with equipment and utensils. Food may not contact:
(1) 
Probe-type price or identification tags; and
(2) 
Surfaces of utensils and equipment that are not cleaned as specified under § 335-19 of this code.
J. 
In-use utensils; between-use storage. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:
(1) 
In the food with their handles above the top of the food and the container;
(2) 
On a clean portion of the food preparation table or cooking equipment and shall be cleaned and sanitized at a frequency specified under §§ 335-19B and 335-20B;
(3) 
In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes; or
(4) 
In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous.
K. 
Wiping cloths used for one purpose.
(1) 
Cloths that are in use for wiping food spills shall be used for no other purpose.
(2) 
Cloths used for wiping food spills shall be:
(a) 
Dry and used for wiping food spills from tableware and carry-out containers; or
(b) 
Moist and cleaned as specified under § 335-21B(4), stored in a chemical sanitizer as specified under § 335-36E, and used for wiping spills from food-contact and non-food-contact surfaces of equipment.
(3) 
Dry or moist cloths that are used with raw animal foods shall be kept separate from cloths used for other purposes, and moist cloths used with raw animal foods shall be kept in a separate sanitizing solution.
L. 
Single-use gloves used for one purpose and discarded. If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled or when interruptions occur in the operation.
M. 
Consumer self-service; using clean tableware when obtaining second portions and refills.
(1) 
Except as specified in Subsection M(2) of this section, self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.
(2) 
Cups and glasses may be reused by self-service consumers if refilling is a contamination-free process as specified under § 335-15N(1), (2) and (4).
N. 
Refilling returnables.
(1) 
A take-home food container returned to a food establishment may not be refilled at a food establishment with a potentially hazardous food.
(2) 
Returnables refilled with food that is not potentially hazardous shall be cleaned as specified under § 335-27E.
O. 
Food storage.
(1) 
Except as specified in Subsection O(2) and (3) of this section, food shall be protected from contamination by storing the food:
(a) 
In a clean, dry location;
(b) 
Covered.
(c) 
Where it is not exposed to splash, dust, or other contamination; and
(d) 
At least six inches above the floor.
(2) 
Food in packages and working containers may be stored less than six inches above the floor on case lot handling equipment as specified under § 335-15FF.
(3) 
Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.
(4) 
Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and single-use articles.
P. 
Prohibited areas for food storage. Food may not be stored:
(1) 
In locker rooms.
(2) 
In toilet rooms.
(3) 
In dressing rooms.
(4) 
In garbage rooms.
(5) 
In mechanical rooms.
(6) 
Under sewer lines that are not shielded to intercept potential drips.
(7) 
Under leaking waterlines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed.
(8) 
Under open stairwells.
(9) 
Under other sources of contamination.
Q. 
Vended potentially hazardous food in original container. Potentially hazardous food dispensed through a vending machine shall be in the package in which it was placed at the food establishment or food processing plant at which it was prepared.
R. 
Food display. Except for nuts in the shell and whole raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means.
S. 
Protection of condiments.
(1) 
Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.
(2) 
Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at a location that is approved by the regulatory authority, such as the food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.
T. 
Consumer self-service operations.
(1) 
Exposed raw animal food, such as beef, lamb, pork, poultry, and fish, may not be offered for consumer self-service. This subsection does not apply to consumer self-service of exposed ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish or to ready-to-cook individual portions for immediate cooking and consumption on the premises, such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue.
(2) 
Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination.
(3) 
Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures.
U. 
Reservice.
(1) 
Except as specified in Subsection U(2) of this section, after being served to a consumer, food that is unused by the consumer shall be discarded.
(2) 
Food that is not potentially hazardous, such as crackers and condiments, is in an unopened original package, and is maintained in sound condition may be served again if it is served in a food establishment that does not serve a highly susceptible population.
A. 
Raw animal foods.
(1) 
Except as specified in Subsection A(2) and under Subsection A(3) of this section and under § 335-9D, raw animal foods such as eggs, fish, poultry, meat, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that are at least:
(a) 
One hundred forty-five degrees Fahrenheit or above for 15 seconds for:
[1] 
Shell eggs that are broken and prepared in response to a consumer's order and for immediate service; and
[2] 
Fish and meat that are not specified in Subsection A(1)(b) of this section;
(b) 
For pork and game animals, comminuted fish and meats, injected meats, and eggs that are not prepared as specified in Subsection A(1)(a)[1] of this section, 155° F. for 15 seconds or the temperature specified in Subsection B that corresponds to the cooking time;
(c) 
As specified in Subsection D for roasts of beef and corned beef; or
(d) 
One hundred sixty-five degrees Fahrenheit or above for 15 seconds for field-dressed wild game animals as specified in § 335-8G(2)(b), poultry, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, or stuffing containing fish, meat, or poultry.
(2) 
Subsection A(1) of this section does not apply if:
(a) 
Except for establishments serving a highly susceptible population, the food is a raw animal food such as raw, marinated fish; raw molluscan shellfish; steak tartare; or a partially cooked food, such as lightly cooked fish, rare meat, and soft cooked eggs, that is served or offered for sale in a ready-to-eat form and the consumer is informed as specified under § 335-12E that, to assure its safety, the food should be cooked as specified under Subsection A(1) of this section; or
(3) 
Beef roasts shall be cooked:
(a) 
In an oven that is preheated to the temperature specified for their weight in Subsection C and that is held at or above that temperature; and
(b) 
To a food temperature as specified in Subsection D and held for the corresponding amount of time specified in Subsection D for that temperature.
B. 
Minimum food temperature and holding time required under Subsection A(1)(b) for cooking all parts of pork and game animals, comminuted fish and meats, and injected meats.
Minimum Temperature
Minimum Time
(minutes)
145° F. (63° C.)
3
150° F. (66° C.)
1
C. 
Oven parameters required for destruction of pathogens on the surface of roasts of beef and corned beef.
Oven Temperature Based on Roast Weight
Oven Type
Less than 10 Pounds (4.5 kg)
10 Pounds (4.5 kg) or More
Still dry
350° F. (177° C.)
250° F. (121° C.) or more
Convection
325° F. (163° C.)
250° F. (121° C.) or more
High humidity1
250° F. (121° C.)
250° F. (121° C.) or less
Notes:
1
Relative humidity greater than 90% for at least one hour as measured in the cooking chamber or exit of the oven or in a moisture-impermeable bag that provides 100% humidity.
D. 
Minimum holding times required at specified temperatures for cooking all parts of roasts of beef and corned beef.
Temperature
Time1 in Minutes
130° F. (54° C.)
121
132° F. (56° C.)
77
134° F. (57° C.)
47
136° F. (58° C.)
32
138° F. (59° C.)
19
140° F. (60° C.)
12
142° F. (61° C.)
8
144° F. (62° C.)
5
145° F. (63° C.)
3
Notes:
1
Holding time may include post-oven heat rise.
E. 
Microwave cooking. Raw animal foods cooked in a microwave oven shall be:
(1) 
Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;
(2) 
Covered to retain surface moisture;
(3) 
Heated an additional 25° F. above the temperature specified in Subsection A(1)(a), (b) and (d) to compensate for shorter cooking times; and
(4) 
Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.
F. 
Parasite destruction. Before service or sale in ready-to-eat form, raw, marinated, or partially cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of -4° F. (-20° C.) or below for 168 hours (seven days) in a freezer or -31° F. (-35° C.) or below for 15 hours in a blast freezer.
G. 
Creation and retention of records.
(1) 
Except as specified in Subsection G(2) of this section, if raw, marinated, or partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records at the food establishment for 90 calendar days beyond the time of service or sale of the fish.
(2) 
If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under Subsection F may substitute for the records specified under Subsection G(1) of this section.
H. 
Reheating for hot holding.
(1) 
Except as specified under Subsection H(2) and (3) of this section, potentially hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165° F. (74° C.) for 15 seconds.
(2) 
Food reheated in a microwave oven shall be covered; rotated or stirred throughout or midway during cooking or according to label instructions during heating; heated to a temperature of at least 190° F. (88° C.); and allowed to stand covered two minutes after reheating.
(3) 
Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least 140° F. (60° C.) for hot holding.
(4) 
Reheating shall be done rapidly, and the minimum temperature specified under Subsection H(1) of this section shall be reached within two hours.
A. 
Frozen food. Stored frozen foods shall be maintained frozen.
B. 
Slacking of potentially hazardous food. Frozen potentially hazardous food that is slacked to moderate the temperature shall be held:
(1) 
Under refrigeration that maintains the food temperature at 41° F. (5° C.) or below; or
(2) 
At any temperature if the food remains frozen.
C. 
Thawing. Potentially hazardous food shall be thawed:
(1) 
Under refrigeration that maintains the food temperature at 40° F. or below;
(2) 
Completely submerged under running water:
(a) 
At a water temperature of 70° F. or below;
(b) 
With sufficient water velocity to agitate and float off loose particles in an overflow; and
(c) 
For a period of time that does not allow thawed portions of ready-to-eat food to rise above 40° F.; or
(d) 
For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified in § 335-10A(1)(a) to (d) to be above 40° F. for more than four hours, including the time the food is exposed to the running water and the time needed for preparation for cooking or the time it takes under refrigeration to lower the food temperature to 40° F.; or
(3) 
As part of a cooking process if the food that is frozen is cooked as specified in § 335-10A(1)(a) to (d) with no interruption in the process.
D. 
Cooling.
(1) 
Cooked potentially hazardous food shall be cooled:
(a) 
From 140° F. to 70° F. within two hours; and
(b) 
From 70° F. to 40° F. or below within four hours.
(2) 
Potentially hazardous food shall be cooled to 40° F. or below within four hours if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.
(3) 
Fluid milk and milk products, shell eggs, and molluscan shellstock received in compliance with laws regulating the respective food during shipment from the supplier shall be cooled to 40° F. or below within four hours.
E. 
Cooling methods.
(1) 
Cooling shall be accomplished in accordance with the time and temperature criteria specified under Subsection D by using one or more of the following methods based on the type of food being cooled:
(a) 
Placing the food in shallow pans;
(b) 
Separating the food into smaller or thinner portions;
(c) 
Using rapid cooling equipment;
(d) 
Stirring the food in a container placed in an ice water bath;
(e) 
Using containers that facilitate heat transfer;
(f) 
Adding ice as an ingredient; or
(g) 
Other effective methods.
(2) 
When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:
(a) 
Arranged in the equipment to provide maximum heat transfer through the container walls; and
(b) 
Loosely covered, or uncovered if protected from overhead contamination, during the cooling period to facilitate heat transfer from the surface of the food.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Hot and cold holding of potentially hazardous food. Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under Subsection I, potentially hazardous food shall be maintained:
(1) 
At 140° F. or above; or
(2) 
At 41° F. or below.
G. 
Date marking of ready-to-eat potentially hazardous food.
(1) 
Refrigerated ready-to-eat potentially hazardous food prepared and held for more than 24 hours in a food establishment shall be marked with the date of preparation.
(2) 
Except as specified in Subsection G(3) of this section, a container of refrigerated ready-to-eat potentially hazardous food prepared and packaged by another food establishment or a food processing plant shall be marked to indicate the date, as specified under Subsection G(1), by which the food shall be sold or served.
(3) 
Subsection G(2) of this section does not apply to:
(a) 
Cured meats and aged cheese; and
(b) 
Individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.
H. 
Disposition of ready-to-eat potentially hazardous food.
(1) 
Refrigerated ready-to-eat potentially hazardous food specified in Subsection G(1) shall be discarded if not sold or served within 10 calendar days;
(2) 
Refrigerated ready-to-eat potentially hazardous food in vending machines with an automatic shutoff control that is activated at a temperature between 40° F. and 45° F. shall be discarded if not sold within three days; and
(3) 
An ingredient or a container of refrigerated ready-to-eat potentially hazardous food specified in Subsection G(1) or (2) shall be discarded if not sold or served within 10 calendar days after the original package is opened or by the manufacturer's "sell by" or "use by" date, whichever occurs first.
I. 
Time as a public health control. Time only, rather than time in conjunction with temperature, may be used as the public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, if:
(1) 
The food is marked or otherwise identified with the time within which it shall be cooked, served, or discarded;
(2) 
The food is served or discarded within four hours from the point in time when the food is removed from temperature control;
(3) 
Food in unmarked containers or packages, or for which the time expires, is discarded; and
(4) 
Written procedures that assure compliance with Subsection I(1) to (3) of this section are maintained in the establishment and made available to the regulatory authority upon request.
J. 
Variance requirement. A food establishment shall obtain a variance from the regulatory authority as specified in § 335-37C before smoking or curing food; brewing alcoholic beverages; using food additives as a method of food preservation rather than as a method of flavor enhancement; using a reduced oxygen method of packaging food where a barrier to Clostridium botulinum exists; custom processing animals that are for personal use as food and not for sale or service in a food establishment; or preparing food by another method that is determined by the regulatory authority to require a variance.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Standards of identity. Packaged foods shall comply with standards of identity, including 21 CFR 130, Food Standards: General, and 9 CFR 319, Definitions and Standards of Identity or Composition.
B. 
Honestly presented.
(1) 
Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.
(2) 
Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of food.
C. 
Packaged food labels. Food packaged in a food establishment shall be labeled according to law, including 21 CFR 101, Food Labeling, and 9 CFR 317, Labeling, Marking Devices, and Containers.
D. 
Other forms of information.
(1) 
Consumer information, such as nutritional information, and consumer warnings if required by law, shall be provided.
(2) 
The food establishment's or manufacturer's dating information on foods may not be concealed or altered.
(3) 
Except as specified in Subsection D(4) of this section, bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:
(a) 
The manufacturer's or processor's label that was provided with the food; or
(b) 
A card, sign, or other method of notification that includes:
[1] 
The common name of the food;
[2] 
A list of ingredients in order of predominance;
[3] 
A declaration of artificial color or flavor and chemical preservatives, if contained in the food; and
[4] 
Nutrition labeling if specified in 21 CFR 101, Food Labeling.
(4) 
Unpackaged bulk foods such as bakery products need not comply with Subsection D(3) of this section if:
(a) 
A health claim is not made;
(b) 
There are no state or local laws requiring labeling; and
(c) 
The unpackaged food is manufactured or prepared on the premises of the food establishment or by the same owner at a food establishment or a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
E. 
Consumption of raw or undercooked animal foods. If a raw or undercooked animal food, such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish, is offered in a ready-to-eat form as a deli, menu, vended, or other item, or as a raw ingredient in another ready-to-eat food, the permit holder shall inform consumers by brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means of the significantly increased risk associated with certain especially vulnerable consumers eating such foods in raw or undercooked form.
A. 
Discarding food contaminated by persons.
(1) 
Food that may have been contaminated by an employee who has been restricted or excluded as specified in § 335-4B shall be discarded.
(2) 
Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded.