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          44:02:07:18.  Potentially hazardous food. Potentially hazardous food is a food that may be natural or synthetic and is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, the growth and toxin production of Clostridium botulinum, or eggs in the shell, the growth of Salmonella enteritidis.

          Potentially hazardous food includes a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures. Potentially hazardous food does not include the following:

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

          (2)  A food with a water activity aw  value of 0.85 or less;

          (3)  A food with a hydrogen ion concentration pH level of 4.6 or below when measured at 24°C (75°F);

          (4)  A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain sterility under conditions of nonrefrigerated storage and distribution; or

          (5)  A food for which a variance granted by the regulatory authority is based on laboratory evidence demonstrating that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of Clostridium botulinum cannot occur.

          Source: 23 SDR 195, effective May 26, 1997.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-25.

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