Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 200 - MAINE FOOD CODE (CHAPTER 200 IS A JOINT CHAPTER WITH 01-001, THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES, CH. 331) › Chapter 3 - FOOD › Section 144-200-3-5 - LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH CONCERN

Current through 2024-29, July 17, 2024
3-501
Temperature and Time Control
3-501.11
Frozen Food.
Stored frozen Foods shall be maintained
					 frozen.
3-501.12
Potentially Hazardous Food, (Time/Temperature Control for Safety Food),
				  Slacking.
Frozen Potentially Hazardous Food (Time/Temperature Control
					 for Safety Food)that is slacked to moderate the temperature shall be
					 held:
(A) Under refrigeration that
				  maintains the Food temperature at 5ºC (41ºF) or less; or
(B) At any temperature if the Food remains
				  frozen.
3-501.13
Thawing.
Except as specified in ¶ (D) of this section,
					 Potentially Hazardous Food (Time/Temperature Control for Safety Food)shall be
					 thawed:
(A) Under refrigeration that
				  maintains the Food temperature at 5°C (41°F) or less; or
(B) Completely submerged under running water:
(1) At a water temperature of 21°C
				  (70°F) or below,
(2) With
				  sufficient water velocity to agitate and float off loose particles in an
				  overflow, and
(3) For a period of
				  time that does not allow thawed portions of Ready-to-Eat Food to rise above
				  5°C (41°F), or
(4)For a
				  period of time that does not allow thawed portions of a raw animal Food
				  requiring cooking as specified under ¶ 3-401.11(A) or (B) to be above
				  5°C (41°F), or 7°C (45°F) as specified under ¶
				  3-501.16(C), for more than 4 hours including:
(a)The time the Food is exposed to the
				  running water and the time needed for preparation for cooking, or
(b) The time it takes under refrigeration to
				  lower the Food temperature to 5ºC (41ºF),;
(C) As part of a cooking process
				  if the Food that is frozen is:
(1) Cooked as
				  specified under ¶ 3-401.11(A) or (B) or §3-401.12, or
(2) Thawed in a microwave oven and
				  immediately transferred to conventional cooking Equipment, with no interruption
				  in the process; or
(D)
				  Using any procedure if a portion of frozen Ready-to-Eat Food is thawed and
				  prepared for immediate service in response to an individual Consumer's order.
3-501.14
Cooling.*
(A) Cooked Potentially
				  Hazardous Food (Time/Temperature Control for Safety Food)shall be cooled:
(1) Within 2 hours, from 57°C (135
				  °F) to 21°C (70°F); and
(2) Within a total of 6 hours, from 57°C
				  (135 °F) to 5°C (41°F) or less.
(B)Potentially Hazardous Food
				  (Time/Temperature Control for Safety Food) shall be cooled within 4 hours to
				  5°C (41°F) or less, if prepared from ingredients at ambient
				  temperature, such as reconstituted Foods and canned tuna.
(C) Except as specified in ¶ (D) of this
				  section, a Potentially Hazardous Food (Time/Temperature Control for Safety
				  Food)received in compliance with laws allowing a temperature above 5°C
				  (41°F) during shipment from the supplier as specified in ¶
				  3-202.11(B),
shall be cooled within 4 hours to 5°C (41°F) or
					 less.
(D)Raw Eggs shall be
				  received as specified under ¶ 3-202.11(C) and immediately placed in
				  refrigerated Equipment that maintains an ambient air temperature of 7°C
				  (45°F) or less. Eggs need not comply with ¶ (C) of this section if the
				  Eggs are placed immediately upon their receipt in refrigerated Equipment that
				  is capable of maintaining Food at 5°C (41°F) or less, or 7ºC
				  (45°F) or less as specified under ¶ 3-501.16(C).
3-501.15 Cooling Methods.
(A) Cooling shall be accomplished in
				  accordance with the time and temperature criteria specified under
				  §3-501.14 by using one or more of the following methods based on the type
				  of Food being cooled:
(1) Placing the Food in
				  shallow pans;
(2) Separating the
				  Food into smaller or thinner portions;
(3) Using rapid cooling Equipment;
(4) Stirring the Food in a container placed
				  in an ice water bath;
(5) Using
				  containers that facilitate heat transfer;
(6) Adding ice as an ingredient; or
(7) Other effective methods.
(B) When placed in cooling or cold
				  holding Equipment, Food containers in which Food is being cooled shall be:
(1) Arranged in the Equipment to provide
				  maximum heat transfer through the container walls; and
(2)Loosely covered, or uncovered if protected
				  from overhead contamination as specified under Subparagraph 3-305.11(A)(2),
				  during the cooling period to facilitate heat transfer from the surface of the
				  food.
3-501.16
Potentially Hazardous Food,
				  (Time/Temperature Control for Safety Food) Hot and Cold Holding.*
(A)Except during preparation, cooking, or
				  cooling, or when time is used as the public health control as specified under
				  §3-501.19, and except as specified under ¶ (B) and in ¶ (C) of
				  this section, Potentially Hazardous Food (Time/Temperature Control for Safety
				  Food)shall be maintained:
(1)At 57 °C
				  (135 °F) or above, except that roasts cooked to a temperature and for a
				  time specified under ¶ 3-401.11(B) or reheated as specified in ¶
				  3-403.11(E) may be held at a temperature of 54°C (130°F); or
(2)At 5°C (41°F) or less.
(B)Eggs that have not been treated
				  to destroy all viable
Salmonellae
shall be stored in refrigerated
				  Equipment that maintains an ambient air temperature of 7°C (45°F) or
				  less.
(C)Potentially Hazardous Food
				  (Time/Temperature Control for Safety Food) in a homogenous liquid form may be
				  maintained outside of the temperature control requirements, as specified under
				  ¶ (A) of this section, while contained within specially designed Equipment
				  that complieswith the design and construction requirements as specified under
				  ¶ 4-204.13(E).
3-501.17
Ready-to-Eat, Potentially
				  Hazardous Food, (Time/Temperature Control for Safety Food) Date Marking.*
(A)Except when Packaging Food using a
				  Reduced Oxygen Packaging method as specified under § 3-502.12, and except
				  as specified in ¶¶ (D) and (E) of this section, refrigerated,
				  Ready-to-EatPotentially Hazardous Food (Time/Temperature Control for Safety
				  Food) prepared and held in a Food Establishment for more than 24 hours shall be
				  clearly marked to indicate the date or day by which the Food shall be consumed
				  on the Premises, sold, or discarded when held at a temperature of 5ºC
				  (41ºF) or less for a maximum of 7 days. The day of preparation shall be
				  counted as Day 1.
(B)Except as
				  specified in ¶¶ (D) - (F) of this section, refrigerated,
				  Ready-to-Eat, Potentially Hazardous Food (Time/Temperature Control for Safety
				  Food) prepared and Packaged by a Food Processing Plant shall be clearly marked,
				  at the time the original container is opened in a Food Establishment. If the
				  Food is held for more than 24 hours, it shall indicate the date or day by which
				  the Food shall be consumed on the Premises, sold, or discarded, based on the
				  temperature and time combinations specified in ¶ (A) of this section and:
(1) The day the original container is opened
				  in the Food or Eating Establishment shall be counted as Day 1; and
(2) The day or date marked by the Food or
				  Eating Establishment may not exceed a manufacturer's use-by date if the
				  manufacturer determined the use-by date based on Food safety.
(C) A refrigerated, Ready-to-Eat,
				  Potentially Hazardous Food (Time/Temperature Control for Safety Food)
				  ingredient or a portion of a refrigerated, Ready-to-Eat, Potentially Hazardous
				  Food (Time/Temperature Control for Safety Food) that is subsequently combined
				  with additional ingredients or portions of Food shall retain the date marking
				  of the earliest-prepared or first-prepared ingredient.
(D)A date marking system that meets the
				  criteria stated in ¶¶ (A) and (B) of this section may include:
(1) Using a method Approved by the Regulatory
				  Authority for refrigerated, Ready-to-Eat, Potentially Hazardous Food
				  (Time/Temperature Control for Safety Food) that is frequently rewrapped, such
				  as lunchmeat or a roast, or for which date marking is impractical, such as soft
				  serve mix or milk in a dispensing machine;
(2) Marking the date or day of preparation,
				  with a procedure to discard the Food on or before the last date or day by which
				  the Food must be consumed on the premises,
sold, or discarded as specified under ¶ (A) of this
					 section;
(3) Marking the
				  date or day the original container is opened in a Food or Eating Establishment,
				  with a procedure to discard the Food on or before the last date or day by which
				  the Food must be consumed on the premises, sold, or discarded as specified
				  under ¶ (B) of this section; or
(4) Using calendar dates, days of the week,
				  color-coded marks, or other effective marking methods, provided that the
				  marking system is disclosed to the Regulatory Authority upon request.
(E)Paragraphs (A) and (B) of this
				  section do not apply to individual meal portions served or repackaged for sale
				  from a bulk container upon a consumer's request.
(F)Paragraph (B) of this section does not
				  apply to the following foods prepared and Packaged by a Food Processing Plant
				  inspected by a Regulatory Authority:
(1)
Deli salads, such as ham salad, seafood salad, chicken
					 salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured
					 in accordance with 21 CFR 110 (Current good manufacturing practice in
					 manufacturing, packing, or holding human food)(2012 ed.);
(2)
Hard cheeses containing not more than 39% moisture as
					 defined in 21 CFR 133 (Cheeses and related cheese products), such as cheddar,
					 gruyere, parmesan and reggiano, and romano)(2012 ed.);
(3)
Semi-soft cheeses containing more than 39% moisture, but
					 not more than 50% moisture, as defined in 21 CFR 133 (Cheeses and related
					 cheese products)(2012 ed.), such as blue, edam, gorgonzola, gouda, and monterey
					 jack;
(4)
Cultured dairy products as defined in 21 CFR 131 (Milk and
					 cream)(2012 ed.), such as yogurt, sour cream, and buttermilk;
(5)
Preserved Fish products, such as pickled herring and dried
					 or salted cod, and other acidified Fish products defined in 21 CFR 114
					 (Acidified foods)(2012 ed.);
(6)
Shelf stable, dry fermentedsausages, such as pepperoni and
					 Genoa salami that are not labeled "Keep Refrigerated" as specified in 9 CFR 317
					 (Labeling, marking devices, and containers)(2012 ed.), and which retain the
					 original casing on the product;
(7)
Shelf stable salt-cured products such as prosciutto and
					 Parma (ham) that are not labeled "Keep Refrigerated" as specified in 9 CFR 317
					 (Labeling, marking devices, and containers)(2012 ed.); and
(8)
Raw, Live In-Shell Shellstock.
3-501.18
Ready-to-Eat, Potentially Hazardous Food(Time/Temperature Control for Safety
				  Food), Disposition.*
(A)A Food
				  specified in ¶ 3-501.17(A) or (B) shall be discarded if it:
(1)Exceeds the temperature and time
				  combination specified in ¶ 3-501.17(A), except time that the product is
				  frozen
(2)Is in a container or
				  Package that does not bear a date or day; or
(3)Is appropriately marked with a date or day
				  that exceeds a temperature and time combination as specified in ¶
				  3-501.17(A).
(B)Refrigerated, Ready-to-Eat, Potentially
				  Hazardous Food (Time/Temperature Control for Safety Food) prepared in a Food or
				  Eating Establishment and dispensed through a Vending Machine with an automatic
				  shutoff control shall be discarded if it exceeds a temperature and time
				  combination as specified in ¶ 3-501.17(A).
3-501.19
Time as a Public Health
				  Control.*
(A) Except as specified
				  under ¶ (D) of this section, if time without temperature control is used
				  as the public health control for a working supply of Ready-to-Eat, Potentially
				  Hazardous Food (Time/Temperature Control for Safety Food) before cooking, or
				  for Ready-to-Eat, Potentially Hazardous Food (Time/Temperature Control for
				  Safety Food) that is displayed or held for service for sale or service:
(1)Written procedures shall be prepared in
				  advance, maintained in the Food or Eating Establishment, and made available to
				  the Regulatory Authority upon request that specify:
(a)Methods of compliance with Subparagraphs
				  (B)(1) -(3) or C)(1)-(5) of this section;
(b)Methods of compliance with § 3-501.14
				  for food that is prepared, cooked, and refrigerated before time is used as a
				  public health control.
(B) If time without temperature control is
				  used as the public health control up to a maximum of 4 hours:
(1) The Food shall have an initial
				  temperature of 5ºC (41ºF) or less when removed from cold holding
				  temperature control, or 57°C (135°F) or greater when removed from hot
				  holding temperature control; *
(2)
				  The Food shall be marked or otherwise identified to indicate the time that is 4
				  hours past the point in time when the Food is removed from temperature
				  control;
(3) The Food shall be
				  cooked and served, served at any temperature if Ready-to-Eat, or discarded,
				  within 4 hours from the point in time when the Food is removed from temperature
				  control; * and
(4) The Food in
				  unmarked containers or Packages, or marked to exceed a 4-hour limit shall be
				  discarded. *
(C) If time
				  without temperature control is used as the public health control up to a
				  maximum of 6 hours:
(1) The Food shall have
				  an initial temperature of 5ºC (41ºF) or less when removed from
				  temperature control and the Food temperature may not exceed 21ºC
				  (70ºF) within a maximum time period of 6 hours; *
(2) The Food shall be monitored to ensure the
				  warmest portion of the Food does not exceed 21ºC (70ºF) during the
				  6-hour period, unless an ambient air temperature is maintained that ensures the
				  Food does not exceed 21ºC (70ºF) during the 6-hour holding
				  period;
(3) The Food shall be
				  marked or otherwise identified to indicate:
(a) The time when the Food is removed from
				  5ºC (41ºF) or less cold holding temperature control, and
(b) The time that is 6 hours past the point
				  in time when the Food is removed from cold holding temperature
				  control;
(4) The Food
				  shall be:
(a) Discarded if the temperature of
				  the Food exceeds 21°C (70°F), * or
(b) Cooked and served, served at any
				  temperature if Ready-to-Eat, or discarded within a maximum of 6 hours from the
				  point in time when the Food is removed from 5ºC (41ºF) or less cold
				  holding temperature control; * and
(5) The Food in unmarked containers or
				  Packages, or marked with a time that exceeds the 6-hour limit shall be
				  discarded. *
(D) A Food
				  or Eating Establishment that serves a Highly Susceptible Population may not use
				  time as specified under ¶¶ (A), (B) or (C) of this section as the
				  public health control for raw Eggs.