§ 46.385. Potentially hazardous food: hot and cold holding.

 (a)  General. Except during preparation, cooking or cooling, or when time is used as the public health control as specified in subsection (c), potentially hazardous food shall be maintained at one of the following temperatures, as applicable:

   (1)  At 58°C (135°F) or above, except that roasts cooked to a temperature and for a time specified in §  46.361(b) (relating to cooking raw animal-derived foods) or reheated as specified in §  46.365(b)(5) (relating to reheating food) may be held at a temperature of 54°C (130°F) or above.

   (2)  At 5°C (41°F) or less except as specified in paragraphs (3)—(5), or §  46.584(b) (relating to vending machines).

   (3)  At 7°C (45°F) or between 7°C (45°F) and 5°C (41°F) in existing refrigeration equipment that is not capable of maintaining the food at 5°C (41°F) or less if either of the following is accurate:

     (i)   The equipment is in place and in use in the food facility; and by December 13, 2008, the equipment is upgraded or replaced so that it shall maintain food at a temperature of 5°C (41°F) or less.

     (ii)   A food facility operator can demonstrate to the Department that a hardship would result from meeting the requirements of this paragraph and a variance is applied for and granted by the Department. The variance will not relieve the applicant from meeting the food safety objectives of this chapter.

   (4)  At 7°C (45°F) or less for shell eggs, or as otherwise specified in section 3 of the Egg Refrigeration Law (31 P. S. §  300.3).

   (5)  At 7°C (45°F) or less for milk products, for a maximum period allowed by the ‘‘sell-by’’ coding required by §  59.22 (relating to milk dating), or as otherwise specified in the Milk Sanitation Law.

 (b)  Date marking of ready-to-eat, potentially hazardous food.

   (1)  Except as specified in paragraph (4) or (5), refrigerated, ready-to-eat, potentially hazardous food prepared and held in a food facility for more than 48 hours shall be clearly marked to indicate either of the following:

     (i)   The date by which the food shall be consumed on the premises, sold or discarded.

     (ii)   The date on which the food was prepared.

   (2)  Refrigerated ready-to-eat potentially hazardous food prepared and packaged by a food processing plant shall be clearly marked with the date the original container is opened in a food facility. Except as specified in paragraphs (4) and (5), all food repackaged from the original container by the food facility shall be clearly marked to indicate the date by which the food shall be consumed on the premises, sold or discarded, and in no case may this date be beyond the manufacturer’s use-by date.

   (3)  A refrigerated, ready-to-eat, potentially hazardous 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), shall be marked as in paragraph (1) or (2), or by an alternative method acceptable to the Department.

   (4)  Paragraphs (1) and (2) do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request.

   (5)  Paragraph (2) does not apply to the following:

     (i)   Fermented sausages produced in a Federally inspected food processing plant that are not labeled ‘‘keep refrigerated’’ and which retain the original casing on the product.

     (ii)   Shelf stable, dry fermented sausages.

     (iii)   Shelf stable salt-cured products such as prosciutto and parma (ham) produced in a Federally inspected food processing plant that are not labeled ‘‘keep refrigerated’’—provided that when the face is cut, the remaining portion is whole and intact.

   (6)  A refrigerated, ready-to-eat, potentially hazardous food ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food is subsequently combined with additional ingredients or portions of food, shall retain the date marking of the earliest-prepared or first-prepared ingredient.

 (c)  Time as a public health control.

   (1)  Except as specified in paragraph (2), if time—rather than temperature—is 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, all of the following shall be done:

     (i)   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.

     (ii)   The food shall be cooked and served, served if ready-to-eat, or discarded, within 4 hours from the point in time when the food is removed from temperature control.

     (iii)   The food in unmarked containers or packages or marked to exceed a 4-hour limit shall be discarded.

     (iv)   Written procedures shall be maintained in the food facility and made available to the Department upon request, that ensure compliance with this subsection and §  46.384(a)—(b) (relating to potentially hazardous food: cooling) for food that is prepared, cooked and refrigerated before time is used as a public health control.

   (2)  In a food facility that serves a highly susceptible population, time only—rather than temperature—may not be used as the public health control for raw eggs.

   This section cited in 7 Pa. Code §  46.365 (relating to reheating food); 7 Pa. Code §  46.382 (relating to potentially hazardous food: slacking); 7 Pa. Code §  46.383 (relating to potentially hazardous food: thawing); 7 Pa. Code §  46.384 (relating to potentially hazardous food: cooling); 7 Pa. Code §  46.441 (relating to discarding or reconditioning unsafe, adulterated or contaminated); 7 Pa. Code §  46.584 (relating to vending machines); and 7 Pa. Code §  46.1114 (relating to conditions of retention: responsibilities of the food facility operator).