R392-102-12. Food Temperature Requirements

  (1)(a) Refrigerated, potentially hazardous food shall be at a temperature of 5 degrees C (41 degrees F) or below when received at the food truck from a commissary or other approved source.

  (b) Raw eggs shall be received at the food truck from a commissary or other approved source in refrigerated equipment that maintains an ambient air temperature of 7 degrees C (45 degrees F) or less.

  (c) Potentially hazardous food that is cooked to a temperature and for a time specified under Subparts 3-401.11 to 3-401.13 of the FDA Food Code and received hot at the food truck from a commissary or other approved source shall be at a temperature of 57 degrees C (135 degrees F) or above.

  (d) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen at the food truck from a commissary or other approved source.

  (e) Upon receipt at the food truck from a commissary or other approved source, potentially hazardous food shall be free of evidence of previous temperature abuse.

  (2) Any food requiring cooking, freezing, or reheating before service shall be cooked, frozen, or reheated as required in Part 3-4 of the FDA Food Code.

  (3) Stored frozen foods shall be maintained frozen. Commercially processed foods which are labeled to be kept frozen must be kept frozen until cooked or served.

  (a) Commercially processed foods labeled to be kept frozen may be thawed under refrigeration at 41 degrees F or below in accordance with Subsection R392-102-12(4) if:

  (i) Records are kept or date marking used indicating when the food entered refrigeration; and

  (ii) Discarded seven days after entering the refrigerator.

  (4) Any food requiring thawing shall be thawed as required in Subpart 3-501.13 of the FDA Food Code.

  (5) Any food requiring cooling shall be cooled in the commissary as required in Subparts 3-501.14 and 3-501.15 of the FDA Food Code. The operator shall not cool cooked time/temperature control for safety (TCS) food on the food truck unless exempted by the local health officer issuing the primary permit.

  (6) Except during preparation, cooking, or cooling time/temperature control for safety food (TCS) shall be maintained:

  (a) at 57 degrees C (135 degrees F) or above, or

  (b) at 5 degrees C (41 degrees F) or less.

  (7)(a) Ready-to-eat, TCS food prepared and held for more than 24 hours at a temperature of 5 degrees C (41 degrees F) or less in a food truck shall be clearly marked to indicate the date or day by which the food shall be consumed, sold, or discarded, which date shall be a maximum of 7 days from the date of preparation, with the day of preparation being counted as Day 1.

  (b) Ready-to-eat, TCS food prepared and packaged by a food processing plant and is opened and held for more than 24 hours at a temperature of 5 degrees C (41 degrees F) or less in a food truck,shall be clearly marked at the time the original container is opened in a food truck to indicate the date or day by which the food shall be consumed, sold, or discarded, with the day the original container is opened being counted as Day 1, and

  (i) The day or date marked by the food truck may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.

  (8) A refrigerated, ready-to-eat time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient.

  (9) A food specified in Subsection R392-102-12(7) shall be discarded if it:

  (a) exceeds the temperature and time combination specified in Subsection R392-102-12(7), except time that the product is frozen;

  (b) is in a container or package that does not bear a date or day; or

  (c) is appropriately marked with a date or day that exceeds a temperature and time combination as specified in Subsection R392-102-12(7).