§ 46.461. Additional safeguards for a food facility that serves a highly susceptible population.

 (a)  Prepackaged juice bearing a warning label prohibited. In a food facility that serves a highly susceptible population, prepackaged juice or a prepackaged beverage containing juice that bears a warning label as specified in 21 CFR 101.17(g) (relating to food labeling warning, notice, and safe handling statements), may not be served or offered for sale.

 (b)  Unpackaged juice prepared on the premises. In a food facility that serves a highly susceptible population, unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under an HACCP plan that contains the information specified in §  46.1122 (relating to HACCP plans) and as specified in 21 CFR 120.24 (relating to process controls).

 (c)  Pasteurized eggs required in certain foods. In a food facility that serves a highly susceptible population, pasteurized shell eggs or pasteurized liquid, frozen or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of the following:

   (1)  Foods such as Caesar salad, hollandaise or B[eacute]arnaise sauce, mayonnaise, egg nog, ice cream and egg-fortified beverages.

   (2)  Except as specified in subsection (e), recipes in which more than one egg is broken and the eggs are combined.

 (d)  Prohibited ready-to-eat foods. In a food facility that serves a highly susceptible population, the following foods may not be served or offered for sale in a ready-to-eat form:

   (1)  Raw animal-derived foods such as raw fish, raw-marinated fish, raw molluscan shellfish and steak tartare.

   (2)  A partially cooked animal-derived food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw shell eggs and meringue.

   (3)  Raw seed sprouts.

 (e)  Limited exception allowing use of raw eggs. In a food facility that serves a highly susceptible population, subsection (c)(2) does not apply in any of the following circumstances:

   (1)  The raw eggs are combined immediately before cooking for one consumer’s serving at a single meal, cooked as specified in §  46.361(a)(1) (relating to cooking raw animal-derived foods), and served immediately, such as an omelet, souffl[eacute] 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.

   (3)  The preparation of the food is conducted under an HACCP plan that accomplishes the following:

     (i)   Identifies the food to be prepared.

     (ii)   Prohibits contacting ready-to-eat food with bare hands.

     (iii)   Includes specifications and practices that ensure the following:

       (A)   Salmonella Enteritidis growth is controlled before and after cooking.

       (B)   Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in §  46.361(a)(2).

     (iv)   Contains the information specified in §  46.1122(b)(4) including procedures that accomplish the following:

       (A)   Control cross contamination of ready-to-eat food with raw eggs.

       (B)   Delineate cleaning and sanitization procedures for food-contact surfaces.

     (v)   Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

   This section cited in 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).