(a) Use of time controls. Food service establishments may use time as the sole public health control, rather than using time in conjunction with temperature, for holding potentially hazardous foods, only in accordance with the provisions of this section. Such foods shall not be returned to temperature control at any time with the intent to extend their use.
(1) Initial temperatures. Potentially hazardous foods shall be at an initial temperature at or below 41 degrees Fahrenheit (5 degrees Celsius) when removed from cold holding temperature control, or at or above 140 degrees Fahrenheit (60 degrees Celsius) when removed from hot holding temperature control.
(2) After cold holding. Ready-to-eat foods and other potentially hazardous foods removed from cold holding temperatures may be kept for a maximum of six hours without further temperature control provided that at four hours the food has not reached or exceeded an internal temperature of 70 degrees Fahrenheit (21 degrees Celsius). If such food has reached or exceeded an internal temperature of 70 degrees Fahrenheit (21 degrees Celsius) it shall be discarded immediately.
(3) After hot holding. Potentially hazardous foods removed from required hot holding temperatures may be held at ambient temperatures for no more than four hours after removal from temperature control.
(4) Tomatoes. Time as a public health control may be used when slicing whole tomatoes previously held at ambient temperature, and the sliced tomatoes may be held for no more than four hours, and then discarded if not used or consumed.
(5) Holding limits. Food shall not be held out of temperature control any longer than provided in paragraphs (2), (3) and (4) of this subdivision and must, by when the respective allowable period of time has passed, either be discarded or served.
(b) Labeling. All foods removed from temperature control in accordance with this section shall be labeled or marked as follows:
(1) Four hour labeling. Food to be held for up to four hours shall be labeled or marked at the time it is removed from temperature control with the date and time of removal, temperature at time of removal, and the discard time, four hours after removal from temperature control, when such food shall be discarded if not served.
(2) Six hour labeling. Food to be held for up to six hours shall be labeled or marked at the time it is removed from cold temperature control with the date and time of removal, temperature at time of removal, the time and temperature, measured four hours after removal from temperature control, and the time, six hours after removal from temperature control, when such food shall be discarded if not served.
(3) Labels to be kept. Labels or marked containers shall be legibly marked and labels and markings must be kept on food containers until foods have been served or discarded.
(c) Limits on use of time as a public health control. Time shall not be used as the sole means of public health control, and 24 RCNY Health Code § 81.09 shall remain applicable as follows:
(1) Holding raw eggs prior to using such eggs in food prepared for (i) persons who may be at higher risk for food-borne illnesses, such as immunocompromised persons including residents or clients of senior centers, charitable feeding programs, adult day care programs, custodial care and health care facilities, and assisted living programs; (ii) infants and children attending summer camps, child day care and pre-school programs; and (iii) pupils in primary and secondary schools.
(2) Preparation and holding of potentially hazardous foods sold by or in (i) mobile food vending units; (ii) food vending machines; (iii) temporary food service establishments operating in accordance with 24 RCNY Health Code Article 88; or (iv) self-service salad bars or buffets.
(3) Preparation and holding of potentially hazardous foods consisting of smoked or vacuum-packed food products.
(d) Violations.
(1) 24 RCNY Health Code § 81.09 violations. An establishment shall be in violation of 24 RCNY Health Code § 81.09 if the Department finds that, while using time as a public health control, the establishment (i) has not discarded food after the times specified in this section; or (ii) has not labeled or marked food as specified in this section.
(2) 24 RCNY Health Code § 81.07 violations. Food shall be deemed contaminated and an establishment shall be in violation of 24 RCNY Health Code § 81.07(a) if the Department finds that while using time as a public health control, (i) cold potentially hazardous foods labeled for six hour holding are measured at or above temperatures of 70 degrees Fahrenheit (21 degrees Celsius) after removal from cold temperature control or (ii) food is returned to temperature control instead of being discarded.
§ 81.10 Table 1. Summary of procedures for using time as a public health control.
Summary of Procedures for Using Time as a Public Health Control | ||||
Removal From: | Maximum Time out of Holding Temperature | When to Measure Temperature | What to Note on Required Labels | When to Discard |
Cold holding at or below 41°F (5°C) | 6 hours | When removed from cold holding, and, at 4 hours after removal | • The date, time and temperature when removed from cold holding, and, • The time and temperature 4 hours after removal, and • The time to discard, serve, or cook | If temperature is over 70°F (21° C) at 4 hours after removal or if not served within 6 hours |
Hot holding at or above 140° F (60° C) | 4 hours | When removed from hot holding | • The date, time and temperature when removed from hot holding, and, • The time 4 hours after removed from hot holding. This is the time when the food must be cooked, served, or discarded | If not served within 4 hours |
(Amended City Record 7/9/2015, eff. 8/8/2015)