{"code":"HSC","codeName":"Health and Safety Code","section":"113871","citation":"Health & Saf. Code, § 113871","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 104. ENVIRONMENTAL HEALTH [106500. - 119406.]","url":"https://blackletter.si/health-and-safety-code/division-104"},{"name":"PART 7. CALIFORNIA RETAIL FOOD CODE [113700. - 114437.]","url":"https://blackletter.si/health-and-safety-code/division-104/part-7"},{"name":"CHAPTER 2. Definitions [113728. - 113941.]","url":"https://blackletter.si/health-and-safety-code/division-104/part-7/chapter-2"}],"history":"Amended by Stats. 2009, Ch. 571, Sec. 13.   (SB 241)   Effective October 11, 2009.","effective":"2009-10-11","html":"<p>(a) “Potentially hazardous food” means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation.</p><p>(b) “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, cut tomatoes or mixtures of cut tomatoes that are not modified to render them unable to support pathogenic micro-organism growth or toxin formation, and garlic-in-oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth or toxin formation as specified under subdivision (a).</p><p>(c) “Potentially hazardous food” does not include any of the following:</p><p>(1) A food with an a<sub>w</sub> value of 0.85 or less.</p><p>(2) A food with a pH level of 4.6 or below when measured at 75°F.</p><p>(3) An air-cooled, hard-boiled egg with shell intact, or an egg with shell intact that is not hard boiled, but has been pasteurized to destroy all viable salmonellae.</p><p>(4) 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.</p><p>(5) A food that has been shown by appropriate microbial challenge studies approved by the enforcement agency not to support the rapid and progressive growth of infectious or toxigenic micro-organisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum, such as a food that has an a<sub>w</sub> and a pH that are above the levels specified under paragraphs (1) and (2) and that may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms.</p><p>(6) A food that does not support the rapid and progressive growth of infectious or toxigenic micro-organisms, even though the food may contain an infectious or toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness.</p>","text":"(a) “Potentially hazardous food” means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. (b) “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, cut tomatoes or mixtures of cut tomatoes that are not modified to render them unable to support pathogenic micro-organism growth or toxin formation, and garlic-in-oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth or toxin formation as specified under subdivision (a). (c) “Potentially hazardous food” does not include any of the following: (1) A food with an aw value of 0.85 or less. (2) A food with a pH level of 4.6 or below when measured at 75°F. (3) An air-cooled, hard-boiled egg with shell intact, or an egg with shell intact that is not hard boiled, but has been pasteurized to destroy all viable salmonellae. (4) 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. (5) A food that has been shown by appropriate microbial challenge studies approved by the enforcement agency not to support the rapid and progressive growth of infectious or toxigenic micro-organisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum, such as a food that has an aw and a pH that are above the levels specified under paragraphs (1) and (2) and that may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms. (6) A food that does not support the rapid and progressive growth of infectious or toxigenic micro-organisms, even though the food may contain an infectious or toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness.","otherVersions":[],"url":"https://blackletter.si/health-and-safety-code/definitions-113871","source":"California Legislative Information bulk export (pubinfo)"}