Sec. 351.7. (a) “Time temperature control for safety food”, for purposes of IC 16-42-5.3, means a food that requires time or temperature control to safely limit the:

(1) growth of pathogenic microorganisms; or

(2) formation of toxins.

     (b) The term includes the following:

(1) A food of animal origin that is raw or heat treated.

(2) A food of plant origin that is heat treated or consists of any of the following:

(A) Raw seed sprouts.

(B) Cut melons.

(C) Cut leafy greens.

(D) Cut tomatoes or mixtures of cut tomatoes that are not modified in a way that results in mixtures that do not support the growth or formation described in subsection (a).

(E) Garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support the growth or formation described in subsection (a).

(3) Except as specified in subsection (c)(4) and (c)(5), a food that involves an interaction of pH and Aw for control of spores in food that is heat treated to destroy vegetative cells and subsequently packaged that results in:

(A) an Aw value greater than 0.92 but less than or equal to 0.95 and a pH value greater than 5.6; or

(B) an Aw value greater than 0.95 and a pH value greater than 4.6.

(4) Except as specified in subsection (c)(4) and (c)(5), a food that involves an interaction of pH and Aw for control of vegetative cells and spores in food that is not heat treated, or is heat treated but not packaged, and that results in:

(A) an Aw value greater than or equal to 0.88 but less than or equal to 0.90 and a pH value greater than 5.0;

(B) an Aw value greater than 0.90 but less than or equal to 0.92 and a pH value greater than 4.6; or

(C) an Aw value greater than 0.92 and a pH value greater than or equal to 4.2.

     (c) The term does not include the following:

(1) An air-cooled hard-boiled egg with shell intact.

(2) An egg with shell intact that:

(A) is not hard-boiled; and

(B) has been pasteurized to destroy all viable salmonellae.

(3) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.

(4) Except as specified in subsection (b)(1) or (b)(2), a food that does not meet the requirements described in subsection (b)(3) or (b)(4) due to the:

(A) pH or Aw value; or

(B) interaction of Aw and pH values;

of the food.

(5) A food that meets the requirements of subsection (b)(3) or (b)(4) and has undergone a product assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in the food is precluded due to:

(A) intrinsic factors, including added or natural characteristics of the food (such as preservatives, antimicrobials, humectants, acidulants, or nutrients);

(B) extrinsic factors, including environmental or operational factors that affect the food (such as packaging), modified atmosphere (such as reduced oxygen packaging), shelf life and use, or temperature range of storage and use; or

(C) any combination of intrinsic and extrinsic factors described in clause (A) or (B).

(6) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with subdivisions (1) through (4) even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

As added by P.L.151-2024, SEC.5.