However the recommended cooking Temp. from the FDA that most Health Departments enforce is 155 degrees. From a HD Report:
1. Hamburger cooked to 130° F on grill. (Discovery)
3-401.11(A)(2) (Reg # governing Cooking Temps)
Salmonella; E. coli (Possible Problems)
68 °C (155 °F) Continue to cook until temperature is met (Requirement needed to meet standard)
That's not quite right, because the reg you cite, 3-401.11(A)(2) applies except as specified in B, C, and D. (D) is quoted below. In essence, you can serve a rare burger, as long as you're not serving a susceptible population, i.e., a nursing home or hospital, for example, and also, that you warn your customers of the possible dangers (and no warning is even necessary if you obtain a variance). The reason many restaurants still insist on cooking burgers well done is, they don't want to be sued, which would be a real possibility if they know their meat sources are questionable.
A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in ¶ (C) of this section, may be served or offered for sale in a ready-to-eat form if:
(1) The food establishment serves a population that is not a highly susceptible population, and(2) The consumer is informed as specified under § 3-603.11 that to ensure its safety, the food should be cooked as specified under ¶ (A) or (B) of this section; or (3) The regulatory authority grants a variance from ¶ (A) or (B) of this section as specified in § 8-103.10 based on a HACCP plan that:
(a) Is submitted by the permit holder and approved as specified under § 8-103.11,(b) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food, and(c) Verifies that equipment and procedures for food preparation and training of food employees at the food establishment meet the conditions of the variance.