§ 46.361. Cooking raw animal-derived foods.

 (a)  General cooking requirement. Except as specified in subsections (b)—(d), raw animal-derived foods (such as eggs, fish, meat, poultry and foods containing these raw animal-derived foods) shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods, based on the food that is being cooked:

   (1)  63°C (145°F) or above for 15 seconds for either of the following:

     (i)   Raw shell eggs that are broken and prepared in response to a consumer’s order and for immediate service.

     (ii)   Except as specified in paragraphs (2) and (3), and subsection (b), fish, meat and pork, including game animals commercially raised for food as specified in §  46.221(a) (relating to game animals).

   (2)  68°C (155°F) for 15 seconds or the temperature specified in the following chart that corresponds to the holding time for ratites and injected meats; the following if they are comminuted: fish, meat, game animals commercially raised for food as specified in §  46.221(a); and raw eggs that are not broken and prepared in response to a consumer’s order and for immediate service:

   (3)  74°C (165°F) or above for 15 seconds for poultry, wild game animals as specified in §  46.221(b) and (c), stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites or stuffing containing fish, meat, poultry or ratites.

 (b)  Certain roasts. Whole beef roasts, corned beef roasts, pork roasts and cured pork roasts such as ham, shall be cooked as follows:

   (1)  In an oven that is preheated to the temperature specified for the roast’s weight in the following chart and that is held at that temperature:

   (2)  As specified in the following chart, to heat all parts of the food to a temperature and for the holding time (including postoven heat rise) that corresponds to that temperature:

 (c)  Raw or undercooked whole-muscle, intact beef steak. A raw or undercooked whole-muscle, intact beef steak may not be served or offered for sale in a ready-to-eat form unless all of the following apply:

   (1)  The food facility serves a population that is not a highly susceptible population.

   (2)  The steak is labeled to indicate that it meets the definition of “whole-muscle, intact beef” as specified in §  46.214 (relating to whole-muscle, intact beef).

   (3)  The steak is cooked on both the top and bottom to a surface temperature of 63°C (145°F) or above and a cooked color change is achieved on all external surfaces.

 (d)  Other raw animal-derived foods. A raw animal-derived food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or undercooked meat other than whole-muscle, intact beef steaks as specified in subsection (c), shall be served or offered for sale in a ready-to-eat form only if either of the following occurs:

   (1)  The food facility serves a population that is not a highly susceptible population, and the consumer is informed as specified in §  46.423 (relating to consumer advisory required with respect to animal-derived foods that are raw, undercooked or not otherwise processed to eliminate pathogens) that to ensure its safety, the food should be cooked as specified in subsections (a) or (b).

   (2)  The Department grants a variance from subsection (a) or (b) as specified in §  46.1103(a) (relating to variances), based on an HACCP plan that is all of the following:

     (i)   Submitted by the license holder and approved as specified in §  46.1103(b).

     (ii)   Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food.

     (iii)   Verifies that equipment and procedures for food preparation and training of food employees at the food facility meet the conditions of the variance.

   This section cited in 7 Pa. Code §  46.3 (relating to definitions); 7 Pa. Code §  46.214 (relating to whole-muscle, intact beef); 7 Pa. Code §  46.218 (relating to fish); 7 Pa. Code §  46.241 (relating to receiving temperature of food); 7 Pa. Code §  46.283 (relating to substituting pasteurized eggs for raw shell eggs in certain recipes); 7 Pa. Code §  46.305 (relating to gloves: use limitations); 7 Pa. Code §  46.365 (relating to reheating food); 7 Pa. Code §  46.383 (relating to potentially hazardous food: thawing); 7 Pa. Code §  46.385 (relating to potentially hazardous food: hot and cold holding); 7 Pa. Code §  46.423 (relating to consumer advisory required with respect to animal-derived foods that are raw, undercooked or not otherwise processed to eliminate pathogens); 7 Pa. Code §  46.461 (relating to additional safeguards for a food facility that serves a highly susceptible population); 7 Pa. Code §  46.712 (relating to frequency of cleaning equipment food-contact surfaces and utensils); and 7 Pa. Code §  46.1122 (relating to HACCP plans).