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FSN98-08
According
to the US Centers for Disease Control approximately 25% of persons who eat food prepared
in retail food facilities are immunocompromised due to age or illness. For those persons,
consumption of undercooked food constitutes a significant risk of foodborne illness. Food
which is even slightly mishandled, either through inadequate temperature controls,
improper cooling, or cross-contamination can pose a risk even to healthy individuals if it
is not cooked thoroughly. Nevertheless, food facility operators have the to right offer
and prepare foods according to the wishes of their customers, despite the risks.
The basic premise of this act is that Californians should not be served
undercooked food of animal origin unless they are aware that the food is undercooked and
consent to it.
Although subdivision (a) of Section 113996 of the California Uniform Retail Food
Facility Law (CURFFL ) specifies that all food of animal origin be thoroughly cooked, time
or temperature guidelines are provided only for certain high risk foods enumerated in
subdivisions (a)(1) through (a)(4). Local health enforcement agencies should not enforce
specific cooking time or temperature requirements on foods such as solid pieces (roasts,
steaks, chops, etc.) of beef, lamb, game, or fish.
Food employees may ask customers for their preference for doneness on all foods
of animal origin except poultry. They may also suggest methods of preparation which result
in undercooked food. Food employees or operators may advise or notify customers regarding
the inclusion of raw or undercooked ingredients in any dish. This can be through oral
communication, signs, menu notices, or other verbal means. Some dishes are clearly
disclosed as undercooked through menu descriptors or the appearance of the dish. For
example, "steak tartare" is obviously raw meat when served. The name
"Seared Tuna" implies that the dish is not thoroughly cooked.
Menu items containing raw or undercooked eggs are subject to the same disclosure
requirements as meat and fish. Raw egg ingredients can be declared by a direct statement
on the menu (e.g. "...contains raw eggs"), by descriptors (e.g. "soft
boiled"), or by observation (e.g. tableside preparation of Caesar salad dressing.)
Pasteurized eggs are not mentioned in the Act. Food facility operators should not be
required to use pasteurized eggs for any purpose, but may do so if they do not wish to
make a disclosure or take on the increased risk of serving raw or undercooked eggs.
"Ratites" are large flightless birds such as ostrich, emu, and rhea. When
sold for human consumption they may be under voluntary inspection by the US Department of
Agriculture (USDA). The meat from these animals is appearing on California menus on a
frequent basis. Although technically "poultry" the US Food and Drug
Administration (FDA) Model Food Code 1997 lumps these foods together with
"communited meats." An operator may cook to a temperature of 155 degrees F for
15 seconds, 150 degrees F for one minute, or 145 degrees F for 3 minutes. FDA notes that
ratites develop a "metallic" taste when cooked to 165 degrees F. USDA classifies
ratites as "red meat" and suggests cooking to 145 degrees F for medium rare and
160 degrees F for medium. Because of the very low fat content ratites are unpalatable if
overcooked. Local jurisdictions should consider ratites outside the scope of specific
temperature regulations under CURFFL unless the meat is comminuted, in which case it
should be cooked the same ground beef.
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