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Home Baked and Confectionery Goods

Hazardous Foods

Use the links below to assist you with determining if your product would be considered potentially hazardous. Remember, this new law applies to non-potentially hazardous baked and Confectionery goods only.

Potentially Hazardous Foods

What is a potentially hazardous food? Potentially Hazardous Foods as defined in the Arizona Food Code means:

  • (a) "Potentially hazardous food" means a FOOD that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
    • (i) The rapid and progressive growth of infectious or toxigenic microorganisms;
    • (ii) The growth and toxin production of Clostridium botulinum; or
    • (iii) In raw shell eggs, the growth of Salmonella Enteritidis.
  • (b) "Potentially hazardous food" includes an animal FOOD (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-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under Subparagraph (a) of this definition.
  • (c) "Potentially hazardous food" does not include:
    • (i) An air-cooled hard-boiled egg with shell intact;
    • (ii) A FOOD with an aw1 value of 0.85 or less;
    • (iii) A FOOD with a pH2 level of 4.6 or below when measured at 24°C (75°F);
    • (iv) A FOOD, in an unopened HERMETICALLY SEALED CONTAINER, that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;
    • (v) A FOOD for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. Enteritidis in eggs or C. botulinum cannot occur, such as a FOOD that has an aw and a pH that are above the levels specified under Subparagraphs (c)(ii) and (iii) of this definition and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms; or
    • (vi) A FOOD that does not support the growth of microorganisms as specified under Subparagraph (a) of this definition even though the FOOD may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness.

Arizona State Food Safety Rules

1 Water activity or "aw" is aspect in food safety. Food scientists use water activity to formulate products that are shelf stable. If a product is kept below a certain water activity, then mold growth and some bacteria is inhibited. This results in a longer shelf-life.

2 pH measures how acidic or basic a solution is. Pure water is said to be neutral, with a pH close to 7.0 at 25°C (77°F). Solutions with a pH less than 7 are said to be acidic and solutions with a pH greater than 7 are basic or alkaline. pH measurements are important in food safety.

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Foods Considered Potentially Hazardous

Why is some food considered potentially hazardous? Food is often considered potentially hazardous because it contains moisture, usually regarded as a water activity greater than 0.85, contains protein, or is neutral to slightly acidic, typically a pH of 4.36 and 7.5. Some examples of potentially hazardous foods are:

  • Meat, Poultry, Fish
  • Shellfish and Crustaceans
  • Eggs
  • Milk and dairy products
  • Baked potatoes
  • Heat-treated plant food (cooked rice, beans, or vegetables)
  • Certain synthetic ingredients
  • Mushrooms, raw sprouts
  • Tofu and soy protein foods
  • Untreated garlic and oil mixtures
  • Custards, puddings, cakes with custard fillings, meringues, cheese cakes, pumpkin, cream or custard pies and other desserts containing ingredients of animal origin, should be assumed to be potentially hazardous

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Approved Home Baked and Confectionery Goods

Some examples of non-potentially hazardous foods that can be sold under the Home Baked and Confectionery Goods law are:

  • Cookies
  • Sweet Breads
  • Cakes with hard icings or frostings
  • Fruit pies with fruit and sugar fillings
  • Candies
  • Brownies

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