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The Food Code, area by area

Highly susceptible populations: the rules that get stricter

Compiled by the Sitonce editorial team from the FDA Food Code and the accredited providers listed belowUpdated 3 min readFacts verified 1 September 2026
The short answer

Establishments serving highly susceptible populations may not offer raw or undercooked animal food or raw seed sprouts, must use pasteurized eggs and juice, and apply tighter employee exclusion rules. Hospitals, nursing homes and preschools are the usual settings.

Same Food Code, stricter application. The reason is simply that the consequence of an infection is worse for the people being served.

Who counts

People more likely than the general population to become seriously ill from foodborne illness, when they are obtaining food at a facility that provides services such as custodial care, health care, or assisted living.

  • Hospitals and clinics
  • Nursing homes and assisted living facilities
  • Preschools and child care centers
  • Senior centers serving meals
  • Kidney dialysis centers

The facility is what triggers it, not the individual. An elderly customer in a restaurant does not make the restaurant a highly susceptible population setting.

What changes

RuleGeneralHighly susceptible population
Raw or undercooked animal foodPermitted with a consumer advisoryNot permitted at all
Raw seed sproutsPermittedNot permitted
EggsShell eggs permittedPasteurized eggs for most uses
JuiceUnpasteurized permitted with warningPasteurized, or treated to reduce pathogens
Sore throat with feverRestrict the employeeExclude the employee
Time as a public health controlAvailableRestricted

The two rows that decide most questions are the first and the fifth. No advisory can make rare steak acceptable in a nursing home, and a sore throat with fever sends someone home rather than to the dish pit.

The exam question shape

A scenario names the setting in the first sentence and then describes something that would be fine anywhere else. Read the setting first - it changes the answer to the rest of the question.

Pasteurized eggs

Required where the eggs would otherwise be raw or undercooked, and in any recipe combining eggs from more than one shell egg, because pooling multiplies the risk across the whole batch.

The exception is a shell egg cooked to order and served immediately to a single customer, which remains acceptable in some circumstances. Pooled scrambled eggs on a ward trolley is not.

Why the rules are worth understanding rather than memorizing

Every change follows the same principle: remove the routes that rely on a healthy immune system to absorb a small exposure.

Consumer advisories rely on an informed adult accepting a risk. Time control relies on a margin. Restriction rather than exclusion relies on the illness not reaching food. In this setting, none of those assumptions holds, so each control is replaced with a stricter one.

Common questions

Who is a highly susceptible population?

People more likely to become seriously ill from foodborne illness who obtain food at a facility providing health care, custodial care or assisted living - hospitals, nursing homes, preschools, senior centers and dialysis centers.

Can a nursing home serve rare steak with an advisory?

No. Raw and undercooked animal food is not permitted at all in these settings, and a consumer advisory is not an alternative to that rule.

Why are pasteurized eggs required?

Because pooling eggs spreads any contamination from one shell egg across the whole batch, and the people being served are least able to absorb that exposure.

Do employee exclusion rules change?

Yes. Sore throat with fever, which results in restriction in a general establishment, results in exclusion where a highly susceptible population is served.

Does an elderly customer make a restaurant a highly susceptible setting?

No. The classification attaches to the facility and the services it provides, not to individual customers who happen to be more vulnerable.