§ 46.241. Receiving temperature of food.
a) Refrigerated potentially hazardous food. Except as specified in § 46. 243(b) and § 46.244(b) (relating to receiving shell eggs; and receiving eggs and milk products), refrigerated potentially hazardous food shall be at an internal temperature of 5°C (41°F) or below when received. b) Cooked potentially hazardous food. Potentially hazardous food that is
cooked to a temperature and for a time specified in § 46.361-§ 46.363 (relating to cooking raw animal-derived foods; microwave cooking; and plant food cooking for hot holding) and received hot shall be at an internal temperature of 58°C (135°F) or above.
c) Frozen food. A food that is labeled frozen and shipped frozen by a food facility shall be received frozen.
d) Visible evidence of improper temperature. Upon receipt, potentially hazardous food shall be free of evidence of previous temperature abuse. This evidence might include dehydration, ice crystals, discoloration or damaged packaging.
§ 46.242. Additives.
Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR Part 170---Part 180 (relating to food additives) generally recognized as safe or prior-sanctioned substances that exceed amounts specified in 21 CFR Parts 181--186, substances that exceed amounts specified in 9 CFR 424.21 (relating to use of food ingredients and sources of radiation), or pesticide residues that exceed provisions specified in 40 CFR Part 180 (relating to tolerances and exemptions from tolerances for pesticide chemicals).
§ 46.243. Receiving shell eggs.
a) General. Shell eggs shall be received clean and sound and may not exceed the restricted egg tolerances for PA Consumer Grade B as specified in § 46. 87.41 (relating to standards).
b) Temperature. Shell eggs shall be received by a food facility in
refrigerated equipment that maintains an ambient temperature of 7°C (45°F) or less, or as otherwise specified in section 3 of the Egg
Refrigeration Law (31 P. S. § 46. 300.3).
c) Labeling. Shell eggs received by a food facility shall be labeled as specified in § 46.§ 46. 87.51 and 87.52 (relating to receptacles; and
marketing) and include safe handling instructions as specified in 21 CFR 101.17(h) (relating to food labeling warning, notice, and safe handling statements).
d) Repackaging. Cartons of shell eggs not in sound condition, such as those containing cracked eggs, leaking eggs or frozen eggs, shall be removed from retail sale. The food facility may not rework, repack or transfer shell eggs from their original cartons or containers. Shell eggs may be sold as an incomplete dozen or container provided that the quantity labeling on the carton or container is changed to reflect the actual number of shell eggs within.
§ 46.244. Receiving eggs and milk products.
a) Liquid, frozen and dry eggs and egg products. Liquid, frozen and dry eggs and egg products shall be obtained pasteurized.
b) Milk and milk products. Milk and milk products shall be obtained
pasteurized and received at a temperature of 7°C (45°F) or less, or as otherwise permitted under the Milk Sanitation Law.
c) Frozen milk products. Frozen milk products shall be obtained
pasteurized or as otherwise permitted under the Milk Sanitation Law. d) Cheese. Cheese shall be obtained pasteurized unless alternative
procedures to pasteurization are specified and published in the CFR. An example of acceptable alternative standards for curing certain cheese varieties is in 21 CFR 133 (relating to cheeses and related cheese products).
§ 46.245. Package integrity of food upon receipt.
Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.
§ 46.246. Receiving shucked shellfish: packaging and identification.
a) Label requirement. Raw shucked shellfish shall be obtained in
nonreturnable packages which bear a legible label that identifies the following:
b) The name, address and certification number of the shucker-packer or repacker of the molluscan shellfish.
c) For packages with a capacity of less than 1.87 L (1/2 gallon): the “sell by” or “best if used by” date.
d) For packages with a capacity of 1.87 L (1/2 gallon) or more: the date shucked.
e) No label or inadequate label. A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified in subsection (a) shall be subject to a detention, in accordance with section 6 of the Food Act (31 P. S. § 46. 20.6).
§ 46.247. Shellstock identification.
a) Harvester’s and dealer’s source identification tags or labels. Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan
Shellfish.
1) Contents of harvester’s tag or label. A harvester’s tag or label shall list the following information, in the following order:
(i) The harvester’s identification number as described in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that is assigned by the PA Department of Agriculture or other shellfish control authority having jurisdiction.
(ii) The date of harvesting.
(iii) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the PA Department of Agriculture or other shellfish control authority having jurisdiction, and including the abbreviation of the name of the state or country in which the shellfish are harvested.
(iv) The type and quantity of shellfish.
(v) The following statement in bold, capitalized type:
THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS