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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD
SUBCHAPTER CFOOD
RULE §228.71Cooking

(a) Raw animal foods.

  (1) Except as specified in paragraphs (2) - (4) of this subsection, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal 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:

    (A) 63 degrees Celsius (145 degrees Fahrenheit) or above for 15 seconds for:P

      (i) raw shell eggs that are broken and prepared in response to a consumer's order and for immediate service;P and

      (ii) except as specified in paragraph (1)(B) and (C) of this subsection, and paragraphs (2) and (3) of this subsection, fish, meat, and pork including game animals and exotic and game animals commercially raised for food as specified in §228.62(g)(1)(A) and (g)(2)(A) of this title and game animals under a voluntary inspection program as specified in §228.62(g)(2)(B) of this title;P

    (B) 68 degrees Celsius (155 degrees Fahrenheit) 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 and exotic animals commercially raised for food as specified in §228.62(g)(1)(A) and (g)(2)(A) of this title and game animals and exotic animals under a voluntary inspection program as specified in §228.62(g)(2)(B) of this title; and raw eggs that are not prepared as specified in subparagraph (A)(i) of this paragraph;P or

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    (C) 74 degrees Celsius (165 degrees Fahrenheit) or above for 15 seconds for poultry, baluts, wild game animals and exotic animals as specified in §228.62(g)(1)(C), (2)(C) and (D) of this title, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites.P

  (2) Whole beef roasts, corned beef roasts, pork roasts, and cured pork roasts such as ham, shall be cooked:

    (A) 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;Pf and

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    (B) as specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature.P

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  (3) A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:

    (A) the food establishment serves a population that is not a highly susceptible population;

    (B) the steak is labeled to indicate that it meets the definition of "whole-muscle, intact beef" as specified in §228.62(a)(5) of this title; and

    (C) the steak is cooked on both the top and bottom to a surface temperature of 63 degrees Celsius (145 degrees Fahrenheit) or above and a cooked color change is achieved on all external surfaces.P

  (4) A raw animal 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 rare meat other than whole-muscle, intact beef steaks as specified in subparagraph (C) of this paragraph, may be served or offered for sale upon consumer request or selection in a ready-to-eat form if:

    (A) as specified in §228.82(3)(A) and (B) of this title, the food establishment serves a population that is not a highly susceptible population; and

    (B) the food, if served or offered for service by consumer selection from a children's menu, does not contain comminuted meat;P and

    (C) the consumer is informed as specified in §228.80 of this title that to ensure its safety, the food should be cooked as specified in paragraph (1) or (2) of this subsection; or

    (D) the regulatory authority grants a variance from paragraph (1) or (2) of this subsection as specified in §228.243(a) of this title based on a HACCP plan that:

      (i) is submitted by the permit holder and approved as specified in §228.243(b) of this title;

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

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

(b) Microwave cooking. Raw animal foods cooked in a microwave oven shall be:

  (1) rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

  (2) covered to retain surface moisture;

  (3) heated to a temperature of at least 74 degrees Celsius (165 degrees Fahrenheit) in all parts of the food;P and

  (4) allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

(c) Plant food cooking for hot holding. Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 57 degrees Celsius (135 degrees Fahrenheit).P

(d) Non-continuous Cooking of raw animal foods. Raw animal foods that are cooked using non-continuous cooking process shall be:

  (1) subject to an initial heating process that is no longer than sixty minutes in duration;P

  (2) immediately after initial heating, cooled as specified in §228.75(d) of this title;P

  (3) after cooling, held frozen or cold, as specified for time/temperature control for safety (TCS) food in §228.75(f)(1)(B) of this title;P

  (4) prior to sale or service, cooked using a process that heats all parts of the food to a temperature and for a time as specified in §228.71(1) - (3) of this title;P

  (5) cooled according to the time and temperature parameters specified for cooked time/temperature control for safety food as specified in §228.75(d)(1) of this title if not either hot held as specified in §228.75(f)(1) of this title, served immediately, or held using time as a public health control as specified in §228.75(i) of this title after complete cooking;P

  (6) prepared and stored according to written procedures that:

    (A) have obtained prior approval from the regulatory authority;Pf

    (B) are maintained in the food establishment and are available to the regulatory authority upon request; Pf

    (C) describe how the requirements specified in §228.71(d)(1) - (5) of this title are to be monitored and documented by the permit holder and the corrective actions to be taken if the requirements are not met;Pf

    (D) describe how the foods, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified in paragraph (4) of this subsection prior to being offered for sale or service;Pf and

    (E) describe how the foods, after initial heating but prior to cooking as specified in paragraph (4) of this subsection, are to be separated from ready-to-eat foods as specified in §228.66 of this title.Pf


Source Note: The provisions of this §228.71 adopted to be effective October 11, 2015, 40 TexReg 6901

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