N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-4.40

Current through Register Vol. 46, No. 45, November 2, 2024

Section 14-4.40 - Definition of food; contamination; potentially hazardous food

(a) Food is any edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

(b) Contamination means exposing food to filth, toxic substances, manual contact during service or preparation if such food will not be subsequently cooked prior to service, rodent or insect contact or infestation, or any condition which permits introduction of pathogenic microorganisms or foreign matter. Potentially hazardous foods held at temperatures between 45° F (7.2° C) and 140° F (60° C) for a period of time exceeding that reasonably required for preparation are considered to be contaminated. Intact shell egg temperatures shall be considered acceptable if ambient storage temperature is 45° F (7.2° C) or less. Contaminated food is considered adulterated.

(c) Potentially hazardous food is any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, cooked potato, cooked rice or other ingredients, including synthetic ingredients, in a form capable of supporting:

(1) rapid and progressive growth of infectious or toxigenic microorganisms; or

(2) the slower growth of C. botulinum.

The term does not include foods with a water activity (Aw) value of 0.85 or less, or a hydrogen ion concentration (pH) level of 4.6 or below.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-4.40