Food
"Food" means a raw, cooked, or processed edible substance, ice, BEVERAGE, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
Safe, Unadulterated, and Honestly Presented
FOOD shall be safe, unADULTERATED, and, as specified under ' 3-601.12, honestly presented.
Compliance with Food Law
(A) FOOD shall be obtained from sources that comply with LAW.
(B) FOOD prepared in a private home may not be used or offered for human consumption in a FOOD ESTABLISHMENT.
(C) PACKAGED FOOD shall be labeled as specified in LAW, including 21 CFR 101 FOOD Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling and Containers, and as specified under '' 3-202.17 and 3-202.18.
(D) Fish, other than MOLLUSCAN SHELLFISH, that are intended for consumption in their raw form and allowed as specified in Subparagraph 3-401.11(C)(1) may be offered for sale or service if they are obtained from a supplier that freezes the FISH as specified under ' 3-402.11; or frozen on the PREMISES as specified under ' 3-402.11 and records are retained as specified under ' 3-402.12.
(E) WHOLE-MUSCLE, INTACT BEEF steaks that are intended for consumption in an undercooked form without a CONSUMER advisory as specified in ¶ 3-401.11(C) shall be:
(1) Obtained from a FOOD PROCESSING PLANT that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of WHOLE-MUSCLE, INTACT BEEF, or
(2) Deemed acceptable by the REGULATORY AUTHORITY based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of WHOLE-MUSCLE, INTACT BEEF, and
(3) If individually cut in a FOOD ESTABLISHMENT:(a) Cut from WHOLE-MUSCLE INTACT BEEF that is labeled by a FOOD PROCESSING PLANT as specified in Subparagraph (E)(1) of this section or identified as specified in Subparagraph (E)(2) of this section,
(b) Prepared so they remain intact, and
(c) If PACKAGED for undercooking in a FOOD ESTABLISHMENT, labeled as specified in Subparagraph (E)(1) of this section or identified as specified in (E)(2) of this section.
(G) EGGS that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in LAW, including 21 CFR 101.17(h).
Food in a Hermetically Sealed Container
FOOD in a HERMETICALLY SEALED CONTAINER shall be obtained from a FOOD PROCESSING PLANT that is regulated by the FOOD regulatory agency that has jurisdiction over the plant.
Fluid Milk and Milk Products
Fluid milk and milk products shall be obtained from sources that comply with GRADE A STANDARDS as specified in LAW.
Fish
(A) FISH that are received for sale or service shall be:
(1) Commercially and legally caught or harvested; or
(2) APPROVED for sale or service.
(B) MOLLUSCAN SHELLFISH that are recreationally caught may not be received for sale or service.
Molluscan Shellfish
(A) MOLLUSCAN SHELLFISH shall be obtained from sources according to LAW and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.
(B) MOLLUSCAN SHELLFISH received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.
Wild Mushrooms
(A) Except as specified in § (B) of this section, mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by an APPROVED mushroom identification expert.
(B) This section does not apply to:
(1) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the FOOD regulatory agency that has jurisdiction over the operation; or
(2) Wild mushroom species if they are in PACKAGED form and are the product of a FOOD PROCESSING PLANT that is regulated by the FOOD regulatory agency that has jurisdiction over the plant.
Game Animals
(A) If GAME ANIMALS are received for sale or service they shall be:
(1) Commercially raised for food and:
(a) Raised slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction, or
(b) Under a routine inspection program conducted by
a regulatory agency other than the agency that has
animal health jurisdiction, and
(c) Raised, slaughtered, and processed according to:(i) LAWS governing MEAT and POULTRY as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program, and
(ii) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an APPROVED veterinarian or veterinarian’s designee;
(2) Under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and APPROVED" in accordance with 9 CFR 352 Voluntary Exotic Animal Program or rabbits that are "inspected and certified" in accordance with 9 CFR 354 Rabbit Inspection Program;(3) As allowed by LAW, for wild GAME ANIMALS that are live-caught:
(a) Under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction, and
(b) Slaughtered and processed according to:(i) LAWS governing MEAT and POULTRY as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program, and
(ii) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an APPROVED veterinarian or veterinarian’s designee; or
(4) As ALLOWED by LAW, for field-dressed wild GAME ANIMALS under a routine inspection program that ensures the animals:
(a) Receive a postmortem examination by an APPROVED veterinarian or veterinarian's designee, or
(b) Are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program, and
(c) Are processed according to LAWS governing MEAT and POULTRY as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program.
(B) A GAME ANIMAL may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17 Endangered and Threatened Wildlife and Plants.