§ 16-18-2-351.7 — "Time temperature control for safety food"

Indiana § 16-18-2-351.7

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 18: GENERAL PROVISIONS AND DEFINITIONS
• Ch. 2: Definitions

Text

7. (a) "Time temperature control for
safety food", for purposes of IC 16-42-5.3, means a food that requires
time or temperature control to safely limit the:
(1) growth of pathogenic microorganisms; or
(2) formation of toxins.
(b) The term includes the following:
(1) A food of animal origin that is raw or heat treated.
(2) A food of plant origin that is heat treated or consists of any of
the following:
(A) Raw seed sprouts.
(B) Cut melons.
(C) Cut leafy greens.
(D) Cut tomatoes or mixtures of cut tomatoes that are not
modified in a way that results in mixtures that do not support
the growth or formation described in subsection (a).
(E) Garlic-in-oil mixtures that are not modified in a way that
results in mixtures that do not support the growth or formation
described in subsection (a).
(3) Except as specified in subsection (c)(4) and (c)(5), a food that
involves an interaction of pH and Aw for control of spores in food
that is heat treated to destroy vegetative cells and subsequently
packaged that results in:
(A) an Aw value greater than 0.92 but less than or equal to 0.95
and a pH value greater than 5.6; or
(B) an Aw value greater than 0.95 and a pH value greater than
4.6.
(4) Except as specified in subsection (c)(4) and (c)(5), a food that
involves an interaction of pH and Aw for control of vegetative
cells and spores in food that is not heat treated, or is heat treated
but not packaged, and that results in:
(A) an Aw value greater than or equal to 0.88 but less than or
equal to 0.90 and a pH value greater than 5.0;
(B) an Aw value greater than 0.90 but less than or equal to 0.92
and a pH value greater than 4.6; or
(C) an Aw value greater than 0.92 and a pH value greater than
or equal to 4.2.
(c) The term does not include the following:
(1) An air-cooled hard-boiled egg with shell intact.
(2) An egg with shell intact that:
(A) is not hard-boiled; and
(B) has been pasteurized to destroy all viable salmonellae.
(3) A food in an unopened hermetically sealed container that is
commercially processed to achieve and maintain commercial
sterility under conditions of nonrefrigerated storage and
distribution.
(4) Except as specified in subsection (b)(1) or (b)(2), a food that
does not meet the requirements described in subsection (b)(3) or
(b)(4) due to the:
(A) pH or Aw value; or
(B) interaction of Aw and pH values;
of the food.
(5) A food that meets the requirements of subsection (b)(3) or
(b)(4) and has undergone a product assessment showing that the
growth or toxin formation of pathogenic microorganisms that are
reasonably likely to occur in the food is precluded due to:
(A) intrinsic factors, including added or natural characteristics
of the food (such as preservatives, antimicrobials, humectants,
acidulants, or nutrients);
(B) extrinsic factors, including environmental or operational
factors that affect the food (such as packaging), modified
atmosphere (such as reduced oxygen packaging), shelf life and
use, or temperature range of storage and use; or
(C) any combination of intrinsic and extrinsic factors described
in clause (A) or (B).
(6) A food that does not support the growth or toxin formation of
pathogenic microorganisms in accordance with subdivisions (1)
through (4) even though the food may contain a pathogenic
microorganism or chemical or physical contaminant at a level
sufficient to cause illness or injury.

Legislative History

As added by P.L.151-2024, SEC.5.