Section 25-A1009. TIME AS A PUBLIC HEALTH CONTROL

 

1009.1Except as specified in § 1009.4, if time without temperature control is used as the public health control for a working supply of potentially hazardous food (time/temperature control for safety food) before cooking, or for ready-to-eat potentially hazardous food (time/temperature control for safety food) that is displayed or held for sale or service: 

 

(a)Written procedures shall be prepared in advance, maintained in the food  establishment and made available to the Department upon request and  shall specify: Pf

 

(1)Methods of compliance with §§ 1009.2(a) through 1009.2(c) or §  1009.3; Pf and

 

(2)Methods of compliance with § 1003 for food that is prepared,  cooked, and refrigerated before time is used as a public health  control. Pf

 

1009.2If time temperature control is used as the public health control up to a maximum of four (4) hours:

 

(a)The food shall have an initial temperature of five degrees Celsius (5o C)  (forty-one degrees Fahrenheit (41o F)) or less when removed from cold  holding temperature control, or fifty-seven degrees Celsius (57o C) (one  hundred thirty-five degrees Fahrenheit (135o F)) or greater  when removed  from hot holding temperature control; P 

 

(b)The food shall be marked or otherwise identified to indicate the time that  is four (4) hours past the point in time when the food is removed from  temperature control; Pf

 

(c)The food shall be cooked and served, served at any temperature if ready- to-eat, or discarded, within four (4) hours from the point in time when the  food is removed from temperature control; P and

 

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

 

1009.3If time temperature control is used as the public health control up to a maximum of six (6) hours:

 

(a)The food shall have an initial temperature of five degrees Celsius (5o C)  (forty-one degrees Fahrenheit (41o F)) or less when removed from  temperature control and the food temperature shall not exceed and twenty- one degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F)) within a  maximum time period of six (6) hours; P

 

(b)The food shall be monitored to ensure the warmest portion of the food  does not exceed twenty-one degrees Celsius (21o C) (seventy degrees  Fahrenheit (70o F)) during the six hour (6 hr.) period, unless an ambient air  temperature is maintained that ensures the food does not exceed twenty- one degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F))  during  the six (6) hour holding period; Pf

 

(c)The food shall be marked or otherwise identified to indicate: Pf

 

(1)The time when the food is removed from five degrees Celsius (5o  C) (forty-one degrees Fahrenheit (41o F)) or less cold holding  temperature control; Pf and

 

(2)The time that is six (6) hours past the point in time when the food  is removed from cold holding temperature control; Pf

 

(d)The food shall be:

 

(1)Discarded if the temperature of the food exceeds twenty-one  degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F)); P or

 

(2)Cooked and served, served at any temperature if ready-to-eat, or  discarded within a maximum of six (6) hours from the point in  time when the food is removed from five degrees Celsius (5o C)  (forty-one degrees Fahrenheit (41o F)) or less cold holding  temperature control; P and

 

(e)The food in unmarked containers or packages, or marked with a time that  exceeds the six (6) hour limit shall be discarded. P

 

1009.4A food establishment that serves a highly susceptible population shall not use time as specified in §§ 1009.1, 1009.2, or 1009.3 as the public health control for raw eggs.

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246: D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627: D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 2002-103, dated June 18, 2002 and Mayor’s Order 98-139, dated August 20, 1998.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6253 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).