Violation Code: 01B-38-5

Legal Reference

7-203.11 FC, 3-701.11(A) FC and 509.032(4) FS : 7-203.11 A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food. 3-701.11(A) A food that is unsafe, adulterated, or not honestly presented as specified under Section 3-101.11 shall be discarded or reconditioned according to an approved procedure. 509.032(4) The division may stop the sale, and supervise the proper destruction, of any food or food product when the director or the director's designee determines that such food or food product represents a threat to the public safety or welfare. 3-801.11(C) FC: In a food establishment that serves a highly susceptible population: (C) The following foods may not be served or offered for sale in a ready-to-eat form: (1) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare, (2) A partially cooked animal food such as lightly cooked fish, rare meats, soft-cooked eggs that are made from raw eggs, and meringue; and (3) Raw seed sprouts. 3-801.11(C) FC: In a food establishment that serves a highly susceptible population: (C) The following foods may not be served or offered for sale in a ready-to-eat form: (1) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare, (2) A partially cooked animal food such as lightly cooked fish, rare meats, soft-cooked eggs that are made from raw eggs, and meringue; and (3) Raw seed sprouts. High Priority 3-801.11(B)(2) and (F) FC: In a food establishment that serves a highly susceptible population: (B) Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of: (2) Except as specified in Paragraph (F) of this section, recipes in which more than one egg is broken and the eggs are combined; (F) Subparagraph (B)(2) of this section does not apply if: (1) The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified under Subparagraph 3-401.11(A)(1), and served immediately, such as an omelet, souffle, or scrambled eggs: (2) The raw eggs are combined 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 (3) The preparation of the food is conducted under a HACCP plan. 3-501.14(A), 3-701.11(A) FC and 509.032(4) FS: 3-501.14(A) Cooked time/temperature control for safety food shall be cooled: (1) Within 2 hours from 135 degrees Fahrenheit to 70 degrees Fahrenheit; and (2) Within a total of 6 hours from 135 degrees Fahrenheit 3-501.14(B), 3-701.11(A) FC and 509.032(4) FS: 3-501.14(B) Time/temperature for safety food shall be cooled within 4 hours to 41 degrees Fahrenheit or less if prepared from ingredients at ambient temperature, 3-701.11(A) A food that is unsafe, adulterated, or not honestly presented as specified under Section 3-101.11 shall be discarded or reconditioned according to an approved procedure. 509.032(4) The division may stop the sale, and supervise the proper destruction, of any food or food product when the director or the director's designee determines that such food or food product represents a threat to the public safety or welfare.