#### § 318.23 Heat-processing and stabilization requirements for uncured meat patties.

(a) *Definitions.* For purposes of this section, the following definitions shall apply:

(1) *Patty.* A shaped and formed, comminuted, flattened cake of meat food product.

(2) *Comminuted.* A processing term describing the reduction in size of pieces of meat, including chopping, flaking, grinding, or mincing, but not including chunking or sectioning.

(3) *Partially-cooked patties.* Meat patties that have been heat processed for less time or using lower internal temperatures than are prescribed by [paragraph (b)(1)](/on/2024-07-03/title-9/section-318.23#p-318.23(b)(1)) of this section.

(4) *Char-marked patties.* Meat patties that have been marked by a heat source and that have been heat processed for less time or using lower internal temperatures than are prescribed by [paragraph (b)(1)](/on/2024-07-03/title-9/section-318.23#p-318.23(b)(1)) of this section.

(b) *Heat-processing procedures for fully-cooked patties.*

(1) Official establishments which manufacture fully-cooked patties shall use one of the following heat-processing procedures:

Permitted Heat-Processing Temperature/Time Combinations for Fully-Cooked Patties

| Minimum internal temperature at the center of each patty (Degrees) | | Minimum holding time after required internal temperature is reached (Time) | |
| --- | --- | --- | --- |
| Fahrenheit | Or centigrade | Minutes | Or seconds |
| 151 | 66.1 | .68 | 41 |
| 152 | 66.7 | .54 | 32 |
| 153 | 67.2 | .43 | 26 |
| 154 | 67.8 | .34 | 20 |
| 155 | 68.3 | .27 | 16 |
| 156 | 68.9 | .22 | 13 |
| 157 (and up) | 69.4 (and up) | .17 | 10 |

(2) The official establishment shall measure the holding time and temperature of at least one fully-cooked patty from each production line each hour of production to assure control of the heat process. The temperature measuring device shall be accurate within 1 degree F.

(3) Requirements for handling heating deviations.

(i) If for any reason a heating deviation has occurred, the official establishment shall investigate and identify the cause; take steps to assure that the deviation will not recur; and place on file in the official establishment, available to any duly authorized FSIS program employee, a report of the investigation, the cause of the deviation, and the steps taken to prevent recurrence.

(ii) In addition, in the case of a heating deviation, the official establishment may reprocess the affected product, using one of the methods in paragraph (b)(1) in this section; use the affected product as an ingredient in another product processed to one of the temperature and time combinations in paragraph (b)(1) in this section, provided this does not violate the final product's standard of composition, upset the order of predominance of ingredients, or perceptibly affect the normal product characteristics; or relabel the affected product as a partially-cooked patty product, if it meets the stabilization requirements in [paragraph (c)](/on/2024-07-03/title-9/section-318.23#p-318.23(c)) of this section.

(c) *Stabilization.*

(1) Fully cooked, partially cooked, and char-marked meat patties must be produced using processes ensuring no multiplication of toxigenic microorganisms such as *Clostridium botulinum,* and no more than a 1 log10 multiplication of *Clostridium perfringens,* within the product.

(2) For each meat patty product produced using a stabilization process other than one conducted in accordance with the Hazard Analysis and Critical Control Point (HACCP) system requirements in [part 417 of this chapter](/on/2024-07-03/title-9/part-417), an establishment must develop and have on file, available to FSIS, a process schedule, as defined in [§ 301.2 of this chapter](/on/2024-07-03/title-9/section-301.2). Each process schedule must be approved in writing by a process authority for safety and efficacy in meeting the performance standards established for the product in question. A process authority must have access to an establishment in order to evaluate and approve the safety and efficacy of each process schedule.

(3) Under the auspices of a processing authority, an establishment must validate new or altered process schedules by scientifically supportable means, such as information gleaned from the literature or by challenge studies conducted outside the plant.

(4) Partially cooked patties must bear the labeling statement “Partially cooked: For Safety Cook Until Well Done (Internal Meat Temperature 160 degrees F.).” The labeling statement must be adjacent to the product name, and prominently placed with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(5) Char-marked patties must bear the labeling statement “Uncooked, Char-marked: For Safety, Cook Until Well Done (Internal Meat Temperature 160 degrees F.).” The labeling statement shall be adjacent to the product name, at least one-half the size of the largest letter in the product name, and prominently placed with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

[[64 FR 744](https://www.federalregister.gov/citation/64-FR-744), Jan. 6, 1999]