§ 81.09 Potentially Hazardous (Time and Temperature Control for Safety) Foods.
RCNY § 81.09
(a)Holding and storage temperatures. Potentially hazardous food must be stored or held at or below 41 degrees Fahrenheit (5 degrees Celsius) or at or above 140 degrees Fahrenheit (60 degrees Celsius) except as follows: (1) Immediate service. Cooked and refrigerated food prepared for immediate service in response to an individual consumer order may be served at any temperature.
(2)Eggs. Intact shell eggs must be stored at an ambient temperature of 45 degrees Fahrenheit (7.2 degrees Celsius) or below.
(3)Processed fish. All processed fish products must be prepared and stored at a temperature that does not exceed 38 degrees Fahrenheit (3.3 degrees Celsius) without interruption until served to the ultimate consumer, provided, however, that: (A) Processed fish that contains a water phase salt level of at least 17 percent shall not require refrigerated storage; and (B) Dry salted fish that contains a water phase level of at least 10 percent, salt water activity of less than 0.85 Aw, or a pH of 4.6 or lower, must be held at refrigerated temperatures that do not exceed 41 degrees Fahrenheit (5 degrees Celsius).
(4)Necessary preparation. Foods may be held out of temperature during active necessary preparation. Active necessary preparation of food does not include time food is being heated, cooled, cooked, reheated or stored and requires temperature control.
(5)Time as the sole public health control. When using time alone as a public health control in accordance with 24 RCNY Health Code § 81.10.
(b)Freezing and storage of fish to be served raw, raw marinated or undercooked.
(1)Freezing required. To destroy parasites in fish or fish products that are to be consumed raw, undercooked or raw-marinated, an establishment must either purchase frozen fish or fish products, or freeze fish or fish products prior to service as follows: Minimum Freezing TemperatureMinimum Storage TemperatureMinimum Freezer Storage Time-4 degrees F (-20 degrees C)-4 degrees F (-20 degrees C)168 hours (7 days); or-31 degrees F (-35 degrees C)-31 degrees F (-35 degrees C)15 hours; or-31 degrees F (-35 degrees C)-4 degrees F (-20 degrees C)24 hours.
(c)Cooking temperatures. All parts of potentially hazardous foods requiring cooking are to be heated to 140 degrees Fahrenheit (60 degrees Celsius) or above for 15 seconds, except as follows: (1) Poultry. Whole or ground poultry, poultry parts, all food containing poultry, poultry stuffing and poultry stuffing containing meat must be heated so all parts of the food are at least 165 degrees Fahrenheit (73.9 degrees Celsius) for 15 seconds with no interruption of the cooking process.
(6)Shell eggs and egg products. Unpasteurized raw eggs or foods containing unpasteurized raw shell eggs, including but not limited to, drinks, condiments, dressings, desserts and sauces, must be heated to 145 degrees Fahrenheit (62.8 degrees Celsius) or greater for 15 seconds, unless the consumer requests preparation of shell eggs in a style such as raw, poached or fried which in order to comply with the request must be prepared at a temperature less than 145 degrees Fahrenheit.
(7)Microwaving. Raw animal foods cooked in a microwave oven must be covered during cooking; rotated or stirred during cooking to a temperature of at least 165 degrees Fahrenheit (73.9 degrees Celsius); and allowed to stand covered for 2 minutes after cooking.
(8)Advisory for raw, undercooked foods. When menu items containing raw or undercooked eggs, meat, fish or other potentially hazardous foods including but not limited to steak tartare, rare duck breasts, uncooked dessert mousse, Caesar salad dressing, sashimi, and ceviche or any other raw or undercooked seafood, are served, the consumer advisory required by 24 RCNY Health Code § 81.11 must be provided.
(d)Reheating previously cooked food. Potentially hazardous food that is cooked, cooled and reheated for hot holding must be reheated so that all parts of the food reach a temperature of at least 165 degrees Fahrenheit (73.9 degrees Celsius) for 15 seconds. The minimum temperature of 165 degrees Fahrenheit (73.9 degrees Celsius) must be reached within 2 hours of commencing reheating. Reheated food must be held at or above 140 degrees Fahrenheit (60 degrees Celsius) until served.
(e)Cooling.
(f)Thawing frozen foods. Potentially hazardous food must be thawed as follows: (1) In refrigerated facilities at a temperature not to exceed 41 degrees Fahrenheit (5 degrees Celsius); or (2) Completely submerged under potable running water at a temperature of 70 degrees Fahrenheit (21.1 degrees Celsius) or below, with sufficient water velocity to agitate and float off loose particles into the overflow; or (3) In a microwave oven when the food will be immediately transferred to other conventional cooking equipment as part of a continuous cooking process, or when the entire uninterrupted cooking process takes place in the microwave oven; or (4) As part of the conventional cooking process, without interruption.
(g)Thermometers and other temperature measuring devices. Establishments must provide devices such as thermometers and thermocouples to measure internal temperatures of potentially hazardous foods during cooking, cooling, reheating, hot holding and cold holding. Such devices must be properly calibrated to plus or minus 2 degrees Fahrenheit (1.1 degrees Celsius), made from food grade materials that will not expose food to contamination and be kept readily accessible in the establishment's food preparation and hot and cold holding areas. (Amended City Record 7/9/2015, eff. 8/8/2015)
