Article 8. Special Requirements for Highly Susceptible Populations
12VAC5-421-950. Pasteurized foods, prohibited reservice, and prohibited food.
In a food establishment that serves a highly susceptible population:
1. The following criteria apply to juice:
a. For the purposes of this paragraph only, children who are age nine or less and receive food in a school, day care setting, or similar facility that provides custodial care are included as highly susceptible populations;
b. Prepackaged juice or a prepackaged beverage containing juice that bears a warning label as specified in 21 CFR 101.17(g) or a packaged juice or beverage containing juice that bears a warning label as specified under subdivision 2 of 12VAC5-421-765 may not be served or offered for sale;P and
c. Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP plan that contains the information specified in subdivisions 3, 4, and 5 of 12VAC5-421-3630 and as specified in 21 CFR 120.24.P
2. Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of:P
a. Foods such as Caesar salad, hollandaise or bèarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages;P and
b. Except as specified in subdivision 6 of this section, recipes in which more than one egg is broken and the eggs are combined.P
3. The following foods shall not be served or offered for sale in a ready-to-eat form:P
a. Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare;P
b. A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw eggs, and meringue;P and
c. Raw seed sprouts.P
4. Food employees shall not contact ready-to-eat food as specified in 12VAC5-421-450 B and E.P
5. Time only, as the public health control as specified under 12VAC5-421-850 D, may not be used for raw eggs.P
6. Subdivision 2 b of this section does not apply if:
a. The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified under 12VAC5-421-700 A 1, and served immediately, such as an omelet, soufflé, or scrambled eggs;
b. The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or
c. The preparation of the food is conducted under a HACCP plan that:
(1) Identifies the food to be prepared;
(2) Prohibits contacting ready-to-eat food with bare hands;
(3) Includes specifications and practices that ensure:
(a) Salmonella Enteritidis growth is controlled before and after cooking; and
(b) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in 12VAC5-421-700 A 2;
(4) Contains the information specified under subdivision 4 of 12VAC5-421-3630 including procedures that:
(a) Control cross contamination of ready-to-eat food with raw eggs; and
(b) Delineate cleaning and sanitization procedures for food-contact surfaces; and
(5) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.
7. Except as specified in subdivision 8 of this section, food may be re-served as specified under 12VAC5-421-680 B 1 and 2.
8. Food may not be re-served under the following conditions:
a. Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation may not be re-served to others outside.
b. Packages of food from any patients, clients, or other consumers should not be re-served to persons in protective environment isolation.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.