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TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER m: FOOD, DRUGS AND COSMETICS PART 750 FOOD SERVICE SANITATION CODE SECTION 750.110 SPECIAL REQUIREMENTS
Section 750.110 Special Requirements
a) Fluid milk and fluid-milk products used or served shall be pasteurized and shall meet the Grade A quality standards as established by the Illinois Grade A Pasteurized Milk and Milk Products Act. Dry milk and dry-milk products shall be pasteurized.
b) Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall be packed in nonreturnable packages identified with the name and address of the original shell stock processor, shucker/packer, or repacker, and the interstate certification number issued according to the Illinois Food, Drug, and Cosmetic Act. Shell stock and shucked shellfish shall be kept in the container in which they were received until they are used. Each container of unshucked shell stock (oysters, clams, or mussels) shall be identified by the attached tag that states the name and address of the original shell stock processor, the repacker or reshipper, the kind and quantity of shell stock, and an interstate certification number issued by the state or foreign shellfish control agency. Each tag affixed to a container of certified shell stock along with its accompanying invoice and each shucked shellfish invoice shall be retained for a period of 90 days and be made available for inspection by the regulatory authority.
c) Only clean whole Grade A eggs, with shell intact and without cracks or checks, or pasteurized liquid, pasteurized shell, pasteurized frozen, or pasteurized dry egg products shall be used, except that hard-boiled peeled eggs, commercially prepared and packaged, may be used.
d) Game animals received for sale or service must comply with the criteria specified as follows:
1) Game animals commercially farm-raised for food shall be raised, slaughtered, and processed under either a routine or voluntary inspection program, as follows:
A) For a routine (mandatory) inspection program conducted by the United States Department of Agriculture or Illinois Department of Agriculture, the game animals shall be raised, slaughtered and processed according to applicable laws governing meat and poultry.
B) Any voluntary inspection program shall be conducted by the agency that has animal health jurisdiction (the United States Department of Agriculture, Illinois Department of Agriculture or other regulatory agency).
2) Field-dressed wild game animals donated under the Good Samaritan Food Donor Act shall:
A) Receive a postmortem inspection by a veterinarian, veterinarian's designee, professional biologist or other person familiar with the conditions, parasites and diseases of the species, approved by the regulatory agency that has animal health jurisdiction;
B) Have been field dressed and transported according to requirements specified by the regulatory agency that has animal health jurisdiction; and
C) Be processed according to laws governing meat and poultry as determined by the regulatory agency that has animal health jurisdiction and conducts the inspection program.
3) Exotic species of animals, including animals raised for exhibition purposes in a zoo or circus, used for food:
A) Shall be raised, slaughtered and processed under a voluntary or mandatory inspection program; or
B) Shall:
i) Receive antemortem and postmortem examination; and
ii) Be slaughtered and processed according to laws governing meat and poultry as determined by the regulatory agency that has animal health jurisdiction and conducts the inspection program.
e) Uninspected field-dressed wild game served at special events such as wild game dinners shall:
1) Have placards displayed in a conspicuous location throughout the event that identify the food served as uninspected wild game as provided for in the Good Samaritan Food Donor Act;
2) Comply with all other food sanitation requirements specified in this Part; and
3) Not be served at institutions and facilities such as nursing homes and hospitals that primarily serve highly susceptible individuals.
f) Each retail food establishment location shall obtain written permission from the appropriate regulatory authority responsible for retail food protection in that jurisdiction before packaging foods in a reduced-oxygen atmosphere. Reduced-oxygen packaging shall consist of cook-chill processing, vacuum-packaging, modified atmosphere packaging (MAP) or controlled atmosphere packaging (CAP). The request from the retail establishment and approval from the regulator shall be product specific and shall be issued according to the requirements listed in Subpart K of this Part.
g) Every food pre-packaged in advance of retail sale must bear the following information in English on its label:
1) The common and/or usual name of the product;
2) The name, address and zip code of the manufacturer, processor, packer, preparer or distributor;
3) The net contents of the package;
4) A list of ingredients in the order of their predominance by weight with ingredients shown by their common or usual name; and
5) A list of any artificial color, artificial flavor or preservative used.
h) Foods packaged or repackaged by charitable or not-for-profit organizations for distribution to people in need shall bear the common and/or usual name of the product and the name of the distributing organization. A list of ingredients for any multi-ingredient product shall be posted or made available upon request. Prepared, ready-to-eat foods donated by food service establishments to charitable or not-for-profit organizations are exempt from the ingredient listing requirements of this subsection.
i) Ground meats/poultry and other meat/poultry products shall be processed and labeled in compliance with Subpart L of this Part.
j) Pasteurized soft serve mix and frozen desserts shall comply with the standards listed below.
*Except frozen yogurt with live culture added.
The products shall be tested in accordance with tests and examinations contained in the 18th edition of Official Methods of Analysis of the Association of Official Analytical Chemists or in the 17th edition of Standard Methods for the Examination of Dairy Products.
k) Consumer Advisory. If a food service establishment offers any raw or under-cooked animal food, such as meat, poultry, eggs or seafood (including shellfish), in ready-to-eat form or offers any ready-to-eat food containing animal food as a raw ingredient, the food service establishment operator shall advise consumers of the presence of such raw or under-cooked animal food and advise consumers of the increased health risk of eating such foods in raw or under-cooked form, especially for certain populations.
1) If entrees or menu items containing such raw or under-cooked animal food (e.g., steak tartare or Caesar salad containing raw unpasteurized eggs) are routinely offered, such consumer advisory shall clearly identify the food item that contains the raw or under-cooked animal food.
2) If a food service establishment does not routinely offer entrees or menu items containing raw or under-cooked animal food, but will serve under-cooked meat, eggs or seafood upon the request of a consumer/patron, a general consumer advisory shall be provided. This advisory does not need to identify the food item that a consumer might request in an under-cooked condition.
3) The required consumer advisory may be in the form of a brochure, deli case or menu advisory, label statement, table tent, placard or other written notification that is visible to patrons. The advisory shall include the following:
"The Illinois Department of Public Health advises that eating raw or under-cooked meat, poultry, eggs or seafood poses a health risk to everyone, but especially to the elderly, young children under age 4, pregnant women, and other highly susceptible individuals with compromised immune systems. Thorough cooking of such animal foods reduces the risk of illness."
4) If space permits, any consumer advisory may include additional language such as the following:
"For further information, contact your physician or public health department."
5) NOTE: Food service establishments whose primary consumers are highly susceptible individuals, such as nursing homes, hospitals, day care centers and nursery schools, shall not serve raw or under-cooked animal foods (see Section 750.180(b)).
l) Pasteurized shell eggs or egg products shall be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are:
1) Not properly cooked to 145°F (63°C) or above for 15 seconds for shell eggs that are broken and prepared in response to a consumer's order and for immediate service;
2) Not properly cooked to 155°F (68°C) or above for 15 seconds for shell eggs that are not prepared for immediate service; or
3) Not included in a consumer advisory as described in subsection (k).
(Source: Amended at 32 Ill. Reg. 11980, effective July 10, 2008) |