Terms Defined. As used in this Code, each of the terms listed in
this Subsection shall have the meaning stated below.
AW
Water activity which is a measure of the free moisture in
a FOOD, is the quotient of the water vapor pressure of the substance
divided by the vapor pressure of pure water at the same temperature,
and is indicated by the symbol AW.
ACCREDITED PROGRAM
(1)
"Accredited program" means a food protection manager certification
program that has been evaluated and listed by an accrediting agency
as conforming to national standards for organizations that certify
individuals.
(2)
"Accredited program" refers to the certification process and
is a designation based upon an independent evaluation of factors such
as the sponsor's mission; organizational structure; staff resources;
revenue sources; policies; public information regarding program scope,
eligibility requirements, re-certification, discipline and grievance
procedures; and test development and administration.
(3)
"Accredited program" does not refer to training functions or
educational programs.
ADDITIVE
(1)
"Food additive" has the meaning stated in the Federal Food,
Drug, and Cosmetic Act, § 201(s) and 21 CFR 170.3(e)(1).
(2)
"Color additive" has the meaning stated in the Federal Food,
Drug, and Cosmetic Act, § 201(t) and 21 CFR 70.3(f).
ADULTERATED
Has the meaning stated in the Federal Food, Drug, and Cosmetic
Act, § 402.
APPROVED
Acceptable to the REGULATORY AUTHORITY based on a determination
of conformity with principles, practices, and generally recognized
standards that protect public health.
ASYMPTOMATIC
(1)
"Asymptomatic" means without obvious symptoms; not showing or
producing indications of a disease or other medical condition, such
as an individual infected with a pathogen but not exhibiting or producing
any signs or symptoms of vomiting, diarrhea, or jaundice.
(2)
"Asymptomatic" includes not showing symptoms because symptoms
have resolved or subsided, or because symptoms never manifested.
BALUT
An embryo inside a fertile EGG that has been incubated for
a period sufficient for the embryo to reach a specific stage of development
after which it is removed from incubation before hatching.
BEVERAGE
A liquid for drinking, including water.
BOTTLED DRINKING WATER
Water that is SEALED in bottles, packages, or other containers
and offered for sale for human consumption, including bottled mineral
water.
CASING
A tubular container for sausage products made of either natural
or artificial (synthetic) material.
CERTIFICATION NUMBER
A unique combination of letters and numbers assigned by a
SHELLFISH CONTROL AUTHORITY to a MOLLUSCAN SHELLFISH DEALER according
to the provisions of the National Shellfish Sanitation Program.
CFR
CODE OF FEDERAL REGULATIONS. Citations in this Code to the
CFR refer sequentially to the Title, Part, and Section numbers, such
as 40 CFR 180.194 refers to Title 40, Part 180, Section 194.
CIP
(1)
"CIP" means cleaned in place by the circulation or flowing by
mechanical means through a piping system of a detergent solution,
water rinse, and SANITIZING solution onto or over EQUIPMENT surfaces
that require cleaning, such as the method used, in part, to clean
and SANITIZE a frozen dessert machine.
(2)
"CIP" does not include the cleaning of EQUIPMENT such as band
saws, slicers, or mixers that are subjected to in-place manual cleaning
without the use of a CIP system.
COMMINGLE
(1)
To combine SHELLSTOCK harvested on different days or from different
growing areas as identified on the tag or label; or
(2)
To combine SHUCKED SHELLFISH from containers with different
container codes or different shucking dates.
COMMINUTED
(1)
"Comminuted" means reduced in size by methods including chopping,
flaking, grinding, or mincing.
(2)
"Comminuted" includes FISH or MEAT products that are reduced
in size and restructured or reformulated such as gefilte FISH, gyros,
ground beef, and sausage; and a mixture of two (2) or more types of
MEAT that have been reduced in size and combined, such as sausages
made from two (2) or more MEATS.
CONDITIONAL EMPLOYEE
A potential FOOD EMPLOYEE to whom a job offer is made, conditional
on responses to subsequent medical questions or examinations designed
to identify potential FOOD EMPLOYEES who may be suffering from a disease
that can be transmitted through FOOD and done in compliance with Title
1 of the Americans with Disabilities Act of 1990.
CONFIRMED DISEASE OUTBREAK
A FOODBORNE DISEASE OUTBREAK in which laboratory analysis
of appropriate specimens identifies a causative agent and epidemiological
analysis implicates the FOOD as the source of the illness.
CONSUMER
A PERSON who is a member of the public, takes possession
of FOOD, is not functioning in the capacity of an operator of a FOOD
ESTABLISHMENT or FOOD PROCESSING PLANT, and does not offer the FOOD
for resale.
CORE ITEM
(1)
"Core item" means a provision in this Code that is not designated
as a PRIORITY ITEM or a PRIORITY FOUNDATION ITEM.
(2)
"Core item" includes an item that usually relates to general
sanitation, operational controls, sanitation standard operating procedures
(SSOPs), facilities or structures, equipment design, or general maintenance.
CORROSION-RESISTANT MATERIAL
A material that maintains acceptable surface cleanability
characteristics under prolonged influence of the FOOD to be contacted,
the normal use of cleaning compounds and SANITIZING solutions, and
other conditions of the use environment.
COUNTER-MOUNTED EQUIPMENT
EQUIPMENT that is not portable and is designed to be mounted
off the floor on a table, counter, or shelf.
CRITICAL CONTROL POINT
A point or procedure in a specific FOOD system where loss
of control may result in an unacceptable health RISK.
CRITICAL LIMIT
The maximum or minimum value to which a physical, biological,
or chemical parameter must be controlled at a CRITICAL CONTROL POINT
to minimize the RISK that the identified FOOD safety HAZARD may occur.
CUT LEAFY GREENS
Fresh leafy greens whose leaves have been cut, shredded,
sliced, chopped, or torn. The term "leafy greens" includes iceberg
lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf
lettuce (i.e., immature lettuce or leafy greens), escarole, endive,
spring mix, spinach, cabbage, kale, arugula and chard. The term "leafy
greens" does not include herbs such as cilantro or parsley.
DEALER
A PERSON who is authorized by a SHELLFISH CONTROL AUTHORITY
for the activities of SHELLSTOCK shipper, shucker-packer, repacker,
reshipper, or depuration processor of MOLLUSCAN SHELLFISH according
to the provisions of the National Shellfish Sanitation Program.
DISCLOSURE
A written statement that clearly identifies the animal-derived
FOODS which are, or can be ordered, raw, undercooked, or without otherwise
being processed to eliminate pathogens, or items that contain an ingredient
that is raw, undercooked, or without otherwise being processed to
eliminate pathogens.
DRINKING WATER
(1)
"Drinking water" means water that meets criteria as specified
in 40 CFR 141 National Primary Drinking Water Regulations.
(2)
"Drinking water" is traditionally known as "potable water."
(3)
"Drinking water" includes the term "water" except where the
term used connotes that the water is not potable, such as "boiler
water," "mop water," "rainwater," "wastewater," and "non-drinking"
water.
DRY STORAGE AREA
A room or area designated for the storage of PACKAGED or
containerized bulk FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD and dry goods such as SINGLE-SERVICE items.
EASILY CLEANABLE
(1)
"Easily cleanable" means a characteristic of a surface that:
(a)
Allows effective removal of soil by normal cleaning methods;
(b)
Is dependent on the material, design, construction, and installation
of the surface; and
(c)
Varies with the likelihood of the surface's role in introducing
pathogenic or toxigenic agents or other contaminants into FOOD based
on the surface's APPROVED placement, purpose, and use.
(2)
"Easily cleanable" includes a tiered application of the criteria
that qualify the surface as EASILY CLEANABLE as specified in Subparagraph
(1) of this definition to different situations in which varying degrees
of cleanability are required such as:
(a)
The appropriateness of stainless steel for a FOOD preparation
surface as opposed to the lack of need for stainless steel to be used
for floors or for tables used for CONSUMER dining; or
(b)
The need for a different degree of cleanability for a utilitarian
attachment or accessory in the kitchen as opposed to a decorative
attachment or accessory in the CONSUMER dining area.
EASILY MOVABLE
(1)
Portable; mounted on casters, gliders, or rollers; or provided
with a mechanical means to safely tilt a unit of EQUIPMENT for cleaning;
and
(2)
Having no utility connection, a utility connection that disconnects
quickly, or a flexible utility connection line of sufficient length
to allow the EQUIPMENT to be moved for cleaning of the EQUIPMENT and
adjacent area.
EGG
(1)
"Egg" means the shell EGG of avian species such as chicken,
duck, goose, guinea, quail, RATITES or turkey.
(2)
"Egg" does not include:
(b)
The egg of reptile species such as alligator; or
EGG PRODUCT
(1)
"Egg product" means all, or a portion of, the contents found
inside EGGS separated from the shell and pasteurized in a FOOD PROCESSING
PLANT, with or without added ingredients, intended for human consumption,
such as dried, frozen or liquid eggs.
(2)
"Egg product" does not include FOOD which contains EGGS only
in a relatively small proportion such as cake mixes.
EMPLOYEE
The PERMIT HOLDER, PERSON IN CHARGE, FOOD EMPLOYEE, PERSON
having supervisory or management duties, PERSON on the payroll, family
member, volunteer, PERSON performing work under contractual agreement,
or other PERSON working in a FOOD ESTABLISHMENT.
EPA
The U.S. Environmental Protection Agency.
EQUIPMENT
(1)
"Equipment" means an article that is used in the operation of
a FOOD ESTABLISHMENT such as a freezer, grinder, hood, ice maker,
MEAT block, mixer, oven, reach-in refrigerator, scale, sink, slicer,
stove, table, TEMPERATURE MEASURING DEVICE for ambient air, VENDING
MACHINE, or WAREWASHING machine.
(2)
"Equipment" does not include apparatuses used for handling or
storing large quantities of PACKAGED FOODS that are received from
a supplier in a cased or overwrapped lot, such as hand trucks, forklifts,
dollies, pallets, racks, and skids.
EXCLUDE
To prevent a PERSON from working as an EMPLOYEE in a FOOD
ESTABLISHMENT or entering a FOOD ESTABLISHMENT as an EMPLOYEE.
FDA
The U.S. Food and Drug Administration.
FISH
(1)
"Fish" means fresh or saltwater finfish, crustaceans and other
forms of aquatic life (including alligator, frog, aquatic turtle,
jellyfish, sea cucumber, and sea urchin and the roe of such animals)
other than birds or mammals, and all mollusks, if such animal life
is intended for human consumption.
(2)
"Fish" includes an edible human FOOD product derived in whole
or in part from FISH, including FISH that have been processed in any
manner.
FOOD
A raw, cooked, or processed edible substance, ice, BEVERAGE,
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
FOOD EMPLOYEE
An individual working with unPACKAGED FOOD, FOOD EQUIPMENT
or UTENSILS, or FOOD-CONTACT SURFACES.
FOOD ESTABLISHMENT
(1)
"Food establishment" means an operation that:
(a)
Stores, prepares, packages, serves, vends food directly to the
consumer, or otherwise provides FOOD for human consumption such as
a restaurant; satellite or catered feeding location; catering operation
if the operation provides FOOD directly to a CONSUMER or to a conveyance
used to transport people; market; vending location; conveyance used
to transport people; institution; or FOOD bank; and
(b)
Relinquishes possession of FOOD to a CONSUMER directly, or indirectly
through a delivery service such as home delivery of grocery orders
or restaurant takeout orders, or delivery service that is provided
by common carriers.
(2)
"Food establishment" includes:
(a)
An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a vending location
or satellite feeding location unless the vending or feeding location
is permitted by the REGULATORY AUTHORITY; and
(b)
An operation that is conducted in a mobile, stationary, temporary,
or permanent facility or location; where consumption is on or off
the PREMISES; and regardless of whether there is a charge for the
FOOD.
(3)
"Food establishment" does not include:
(a)
An establishment that offers only prePACKAGED FOODS that are
not TIME/TEMPERATURE CONTROL FOR SAFETY FOODS;
(b)
A produce stand that only offers whole, uncut fresh fruits and
vegetables;
(c)
A FOOD PROCESSING PLANT; including those that are located on
the PREMISES of a FOOD ESTABLISHMENT;
(d)
A kitchen in a private home if only FOOD that is not TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD, is prepared for sale or service at a function
such as a religious or charitable organization's bake sale if
allowed by LAW and if the CONSUMER is informed by a clearly visible
placard at the sales or service location that the FOOD is prepared
in a kitchen that is not subject to regulation and inspection by the
REGULATORY AUTHORITY;
(e)
An area where FOOD that is prepared as specified in Subparagraph
(3)(d) of this definition is sold or offered for human consumption;
(f)
A kitchen in a private home, such as a small family day-care
provider; or a bed and breakfast operation that prepares and offers
FOOD to guests if the home is owner occupied, the number of available
guest bedrooms does not exceed six (6), breakfast is the only meal
offered, the number of guests served does not exceed eighteen (18),
and the CONSUMER is informed by statements contained in published
advertisements, mailed brochures, and placards posted at the registration
area that the FOOD is prepared in a kitchen that is not regulated
and inspected by the REGULATORY AUTHORITY; or
(g)
A private home that receives catered or home-delivered FOOD.
FOOD PROCESSING PLANT
(1)
"Food processing plant" means a commercial operation that manufactures,
packages, labels, or stores FOOD for human consumption, and provides
FOOD for sale or distribution to other business entities such as FOOD
PROCESSING PLANTS or FOOD ESTABLISHMENTS.
(2)
"Food processing plant" does not include a FOOD ESTABLISHMENT.
FOOD-CONTACT SURFACE
(1)
A surface of EQUIPMENT or a UTENSIL with which FOOD normally
comes into contact; or
(2)
A surface of EQUIPMENT or a UTENSIL from which FOOD may drain,
drip, or splash:
(b)
Onto a surface normally in contact with FOOD.
FOODBORNE DISEASE OUTBREAK
The occurrence of two (2) or more cases of a similar illness
resulting from the ingestion of a common FOOD.
GAME ANIMAL
(1)
"Game animal" means an animal, the products of which are FOOD,
that is not classified as livestock, sheep, swine, goat, horse, mule,
or other equine in 9 CFR 301.2 Definitions, or as Poultry, or FISH.
(2)
"Game animal" includes mammals such as reindeer, elk, deer,
antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon,
nutria, or muskrat, and non-aquatic reptiles such as land snakes.
(3)
"Game animal" does not include RATITES.
GENERAL USE PESTICIDE
A pesticide that is not classified by EPA for restricted
use as specified in 40 CFR 152.175 Pesticides classified for restricted
use.
GRADE A STANDARDS
The requirements of the United States Public Health Service/FDA
"Grade A Pasteurized Milk Ordinance" with which certain fluid and
dry milk and milk products comply.
HACCP PLAN
A written document that delineates the formal procedures
for following the HAZARD Analysis and CRITICAL CONTROL POINT principles
developed by The National Advisory Committee on Microbiological Criteria
for Foods.
HANDWASHING SINK
(1)
"Handwashing sink" means a lavatory, a basin or vessel for washing,
a wash basin, or a PLUMBING FIXTURE especially placed for use in personal
hygiene and designed for the washing of the hands.
(2)
"Handwashing sink" includes an automatic handwashing facility.
HAZARD
A biological, chemical, or physical property that may cause
an unacceptable CONSUMER health RISK.
HEALTH PRACTITIONER
A physician licensed to practice medicine, or if allowed
by LAW, a nurse practitioner, physician assistant, or similar medical
professional.
HERMETICALLY SEALED CONTAINER
A container that is designed and intended to be secure against
the entry of microorganisms and, in the case of low acid canned FOODS,
to maintain the commercial sterility of its contents after processing.
HIGHLY SUSCEPTIBLE POPULATION
PERSONS who are more likely than other people in the general
population to experience foodborne disease because they are:
(1)
Immunocompromised; preschool age children, or older adults;
and
(2)
Obtaining FOOD at a facility that provides services such as
custodial care, health care, or assisted living, such as a child or
adult day care center, kidney dialysis center, hospital or nursing
home, or nutritional or socialization services such as a senior center.
IMMINENT HEALTH HAZARD
A significant threat or danger to health that is considered
to exist when there is evidence sufficient to show that a product,
practice, circumstance, or event creates a situation that requires
immediate correction or cessation of operation to prevent injury based
on:
(1)
The number of potential injuries; and
(2)
The nature, severity, and duration of the anticipated injury.
INJECTED
Manipulating MEAT to which a solution has been introduced
into its interior by processes that are referred to as "injecting,"
"pump marinating," or "stitch pumping."
JUICE
(1)
"Juice" means the aqueous liquid expressed or extracted from
one (1) or more fruits or vegetables, purees of the edible portions
of one (1) or more fruits or vegetables, or any concentrates of such
liquid or puree.
(2)
"Juice" does not include, for purposes of HACCP, liquids, purees,
or concentrates that are not used as BEVERAGES or ingredients of BEVERAGES.
LAW
Applicable local, State, and Federal Statutes, regulations,
and ordinances.
LINENS
Fabric items such as cloth hampers, cloth napkins, table
cloths, wiping cloths, and work garments including cloth gloves.
MAJOR FOOD ALLERGEN
(1)
"Major food allergen" means:
(a)
Milk, EGG, FISH (such as bass, flounder, cod, and including
crustacean shellfish such as crab, lobster, or shrimp), tree nuts
(such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans;
or
(b)
A FOOD ingredient that contains protein derived from a FOOD,
as specified in Subparagraph (1)(a) of this definition.
(2)
"Major food allergen" does not include:
(a)
Any highly refined oil derived from a FOOD specified in Subparagraph
(1)(a) of this definition and any ingredient derived from such highly
refined oil; or
(b)
Any ingredient that is exempt under the petition or notification
process specified in the Food Allergen Labeling and Consumer Protection
Act of 2004 (Public Law 108-282).
MEAT
The flesh of animals used as FOOD including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except FISH, POULTRY, and wild GAME ANIMALS as specified under Section
225.100(A)(7)(a)(3) and
(4).
MECHANICALLY TENDERIZED
(1)
"Mechanically tenderized" means manipulating meat with deep
penetration by processes which may be referred to as "blade tenderizing,"
"jaccarding," "pinning," "needling," or using blades, pins, needles
or any mechanical device.
(2)
"Mechanically tenderized" does not include processes by which
solutions are INJECTED into meat.
mg/L
Milligrams per liter, which is the metric equivalent of parts
per million (ppm).
MOLLUSCAN SHELLFISH
Any edible species of fresh or frozen oysters, clams, mussels,
and scallops or edible portions thereof, except when the scallop product
consists only of the shucked adductor muscle.
NON-CONTINUOUS COOKING
(1)
"Non-continuous cooking" means the cooking of FOOD in a FOOD
ESTABLISHMENT using a process in which the initial heating of the
FOOD is intentionally halted so that it may be cooled and held for
complete cooking at a later time prior to sale or service.
(2)
"Non-continuous cooking" does not include cooking procedures
that only involve temporarily interrupting or slowing an otherwise
continuous cooking process.
PACKAGED
(1)
"Packaged" means bottled, canned, cartoned, bagged, or wrapped,
whether PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT.
(2)
"Packaged" does not include wrapped or placed in a carry-out
container to protect the FOOD during service or delivery to the CONSUMER,
by a FOOD EMPLOYEE, upon CONSUMER request.
PERMIT
The document issued by the REGULATORY AUTHORITY that authorizes
a PERSON to operate a FOOD ESTABLISHMENT.
PERMIT HOLDER
The entity that:
(1)
Is legally responsible for the operation of the FOOD ESTABLISHMENT
such as the owner, the owner's agent, or other PERSON; and
(2)
Possesses a valid PERMIT to operate a FOOD ESTABLISHMENT.
PERSON
An association, a corporation, individual, partnership, other
legal entity, government, or governmental subdivision or agency.
PERSON IN CHARGE
The individual present at a FOOD ESTABLISHMENT who is responsible
for the operation at the time of inspection.
PERSONAL CARE ITEMS
(1)
"Personal care items" means items or substances that may be
poisonous, toxic, or a source of contamination and are used to maintain
or enhance a PERSON'S health, hygiene, or appearance.
(2)
"Personal care items" include items such as medicines; first
aid supplies; and other items such as cosmetics, and toiletries such
as toothpaste and mouthwash.
pH
The symbol for the negative logarithm of the hydrogen ion
concentration, which is a measure of the degree of acidity or alkalinity
of a solution.
Values between zero (0) and seven (7) indicate acidity and values
between seven (7) and fourteen (14) indicate alkalinity. The value
for pure distilled water is seven (7), which is considered neutral.
|
PHYSICAL FACILITIES
The structure and interior surfaces of a FOOD ESTABLISHMENT
including accessories such as soap and towel dispensers and attachments
such as light fixtures and heating or air-conditioning system vents.
PLUMBING FIXTURE
A receptacle or device that:
(1)
Is permanently or temporarily connected to the water distribution
system of the PREMISES and demands a supply of water from the system;
or
(2)
Discharges used water, waste materials, or SEWAGE directly or
indirectly to the drainage system of the PREMISES.
PLUMBING SYSTEM
The water supply and distribution pipes; PLUMBING FIXTURES
and traps; soil, waste, and vent pipes; sanitary and storm sewers
and building drains, including their respective connections, devices,
and appurtenances within the PREMISES; and water-treating EQUIPMENT.
POISONOUS OR TOXIC MATERIALS
Substances that are not intended for ingestion and are included
in four (4) categories:
(1)
Cleaners and SANITIZERS, which include cleaning and SANITIZING
agents and agents such as caustics, acids, drying agents, polishes,
and other chemicals;
(2)
Pesticides, except SANITIZERS, which include substances such
as insecticides and rodenticides;
(3)
Substances necessary for the operation and maintenance of the
establishment such as non-food grade lubricants and PERSONAL CARE
ITEMS that may be deleterious to health; and
(4)
Substances that are not necessary for the operation and maintenance
of the establishment and are on the PREMISES for retail sale, such
as petroleum products and paints.
POULTRY
(1)
Any domesticated bird (chickens, turkeys, ducks, geese, guineas,
RATITES, or squabs), whether live or dead, as defined in 9 CFR 381.1,
Poultry Products Inspection Regulations Definitions, Poultry; and
(2)
Any migratory waterfowl or game bird, pheasant, partridge, quail,
grouse, or pigeon, whether live or dead, as defined in 9 CFR 362.1,
Voluntary Poultry Inspection Regulations, Definitions.
PREMISES
(1)
The PHYSICAL FACILITY, its contents, and the contiguous land
or property under the control of the PERMIT HOLDER; or
(2)
The PHYSICAL FACILITY, its contents, and the land or property
not described in Subparagraph (1) of this definition if its facilities
and contents are under the control of the PERMIT HOLDER and may impact
FOOD ESTABLISHMENT personnel, facilities, or operations, and a FOOD
ESTABLISHMENT is only one (1) component of a larger operation such
as a health care facility, hotel, motel, school, recreational camp,
or prison.
PRIMAL CUT
A basic major cut into which carcasses and sides of MEAT
are separated, such as a beef round, pork loin, lamb flank, or veal
breast.
PRIORITY FOUNDATION ITEM
(1)
"Priority foundation item" means a provision in this Code whose
application supports, facilitates or enables one (1) or more PRIORITY
ITEMS.
(2)
"Priority foundation item" includes an item that requires the
purposeful incorporation of specific actions, equipment or procedures
by industry management to attain control of risk factors that contribute
to foodborne illness or injury such as personnel training, infrastructure
or necessary equipment, HACCP plans, documentation or record keeping,
and labeling; and
PRIORITY ITEM
(1)
"Priority item" means a provision in this Code whose application
contributes directly to the elimination, prevention or reduction to
an acceptable level, hazards associated with foodborne illness or
injury and there is no other provision that more directly controls
the hazard.
(2)
"Priority item" includes items with a quantifiable measure to
show control of hazards such as cooking, reheating, cooling, handwashing;
and
PUBLIC WATER SYSTEM
Has the meaning stated in 40 CFR 141 National Primary Drinking
Water Regulations.
RATITE
A flightless bird such as an emu, ostrich, or rhea.
RE-SERVICE
The transfer of FOOD that is unused and returned by a CONSUMER
after being served or sold and in the possession of the CONSUMER,
to another PERSON.
READY-TO-EAT FOOD
(1)
"Ready-to-eat food" means FOOD that:
(b)
Is a raw or partially cooked animal FOOD and the consumer is advised as specified in Section
225.120(A)(1)(d)(1) and
(3); or
(c)
Is prepared in accordance with a variance that is granted as specified in Section
225.120(A)(1)(d)(4); and
(d)
May receive additional preparation for palatability or aesthetic,
epicurean, gastronomic, or culinary purposes.
(2)
"Ready-to-eat food" includes:
(b)
Raw fruits and vegetables that are washed as specified under Section
225.110(B)(5);
(c)
Fruits and vegetables that are cooked for hot holding, as specified under Section
225.120(A)(3);
(d)
All TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked to the temperature and time required for the specific food under Section
225.120(A) and cooled as specified under Section
225.130(A)(4);
(e)
Plant FOOD for which further washing, cooking, or other processing
is not required for FOOD safety, and from which rinds, peels, husks,
or shells, if naturally present are removed;
(f)
Substances derived from plants such as spices, seasonings, and
sugar;
(g)
A bakery item such as bread, cakes, pies, fillings, or icing
for which further cooking is not required for FOOD safety;
(h)
The following products that are produced in accordance with
USDA guidelines and that have received a lethality treatment for pathogens:
dry, fermented sausages, such as dry salami or pepperoni; salt-cured
MEAT and POULTRY products, such as prosciutto ham, country cured ham,
and Parma ham; and dried MEAT and POULTRY products, such as jerky
or beef sticks; and
(i)
Foods manufactured as specified in 21 CFR Part 113, Thermally
Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
REDUCED OXYGEN PACKAGING
(1)
"Reduced oxygen packaging" means:
(a)
The reduction of the amount of oxygen in a PACKAGE by removing
oxygen; displacing oxygen and replacing it with another gas or combination
of gases; or otherwise controlling the oxygen content to a level below
that normally found in the atmosphere (approximately twenty-one percent
(21%) at sea level); and
(b)
A process as specified in Subparagraph (1)(a) of this definition
that involves a FOOD for which the HAZARDS Clostridium botulinum or
Listeria monocytogenes require control in the final PACKAGED form.
(2)
"Reduced oxygen packaging" includes:
(a)
Vacuum PACKAGING, in which air is removed from a PACKAGE of
FOOD and the PACKAGE is HERMETICALLY SEALED so that a vacuum remains
inside the PACKAGE;
(b)
Modified atmosphere PACKAGING, in which the atmosphere of a
PACKAGE of FOOD is modified so that its composition is different from
air but the atmosphere may change over time due to the permeability
of the PACKAGING material or the respiration of the FOOD. Modified
atmosphere PACKAGING includes reduction in the proportion of oxygen,
total replacement of oxygen, or an increase in the proportion of other
gases such as carbon dioxide or nitrogen;
(c)
Controlled atmosphere PACKAGING, in which the atmosphere of
a PACKAGE of FOOD is modified so that until the PACKAGE is opened,
its composition is different from air, and continuous control of that
atmosphere is maintained, such as by using oxygen scavengers or a
combination of total replacement of oxygen, non-respiring FOOD, and
impermeable PACKAGING material;
(d)
Cook chill PACKAGING, in which cooked FOOD is hot filled into
impermeable bags which have the air expelled and are then sealed or
crimped closed. The bagged FOOD is rapidly chilled and refrigerated
at temperatures that inhibit the growth of psychrotrophic pathogens;
or
(e)
Sous vide PACKAGING, in which raw or partially cooked FOOD is
vacuum packaged in an impermeable bag, cooked in the bag, rapidly
chilled, and refrigerated at temperatures that inhibit the growth
of psychrotrophic pathogens.
REFUSE
Solid waste not carried by water through the SEWAGE system.
REGULATORY AUTHORITY
The local, State, or Federal enforcement body or authorized
representative having jurisdiction over the FOOD ESTABLISHMENT.
REMINDER
A written statement concerning the health RISK of consuming
animal FOODS raw, undercooked, or without otherwise being processed
to eliminate pathogens.
RESTRICT
To limit the activities of a FOOD EMPLOYEE so that there
is no risk of transmitting a disease that is transmissible through
FOOD and the FOOD EMPLOYEE does not work with exposed FOOD, clean
EQUIPMENT, UTENSILS, LINENS, or unwrapped SINGLE-SERVICE or SINGLE-USE
ARTICLES.
RESTRICTED EGG
Any check, dirty EGG, incubator reject, inedible, leaker,
or loss as defined in 9 CFR 590.
RESTRICTED USE PESTICIDE
A pesticide product that contains the active ingredients
specified in 40 CFR 152.175, Pesticides classified for restricted
use, and that is limited to use by or under the direct supervision
of a certified applicator.
RISK
The likelihood that an adverse health effect will occur within
a population as a result of a HAZARD in a FOOD.
SAFE MATERIAL
(1)
An article manufactured from or composed of materials that may
not reasonably be expected to result, directly or indirectly, in their
becoming a component or otherwise affecting the characteristics of
any FOOD;
(2)
An additive that is used as specified in § 409 of
the Federal Food, Drug, and Cosmetic Act; or
(3)
Other materials that are not ADDITIVES and that are used in
conformity with applicable regulations of the Food and Drug Administration.
SANITIZATION
The application of cumulative heat or chemicals on cleaned
FOOD-CONTACT SURFACES that, when evaluated for efficacy, is sufficient
to yield a reduction of five (5) logs, which is equal to a ninety-nine
and nine hundred ninety-nine thousandths percent (99.999%) reduction,
of representative disease microorganisms of public health importance.
SEALED
Free of cracks or other openings that allow the entry or
passage of moisture.
SERVICE ANIMAL
An animal such as a guide dog, signal dog, or other animal
individually trained to provide assistance to an individual with a
disability.
SERVICING AREA
An operating base location to which a mobile FOOD ESTABLISHMENT
or transportation vehicle returns regularly for such things as vehicle
and equipment cleaning, discharging liquid or solid wastes, refilling
water tanks and ice bins, and boarding FOOD.
SEWAGE
Liquid waste containing animal or vegetable matter in suspension
or solution and may include liquids containing chemicals in solution.
SHELLFISH CONTROL AUTHORITY
A State, Federal, foreign, tribal, or other government entity
legally responsible for administering a program that includes certification
of MOLLUSCAN SHELLFISH harvesters and DEALERS for interstate commerce.
SHIGA TOXIN-PRODUCING ESCHERICHIA COLI (STEC)
Any E. coli capable of producing Shiga toxins (also called
verocytotoxins). STEC infections can be asymptomatic or may result
in a spectrum of illness ranging from mild non-bloody diarrhea, to
hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome
(HUS - A type of kidney failure). Examples of serotypes of STEC include:
E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM;
E. coli O103:H2; and E. coli O111:NM. STEC are sometimes referred
to as VTEC (verocytotoxigenic E. coli) or as EHEC (Enterohemorrhagic
E. coli). EHEC are a subset of STEC which can cause hemorrhagic colitis
or HUS.
SINGLE-SERVICE ARTICLES
TABLEWARE, carry-out UTENSILS, and other items such as bags,
containers, placemats, stirrers, straws, toothpicks, and wrappers
that are designed and constructed for one (1) time, one (1) PERSON
use after which they are intended for discard.
SINGLE-USE ARTICLES
(1)
"Single-use articles" means UTENSILS and bulk FOOD containers
designed and constructed to be used once and discarded.
(2)
"Single-use articles" includes items such as wax paper, butcher
paper, plastic wrap, formed aluminum FOOD containers, jars, plastic
tubs or buckets, bread wrappers, pickle barrels, ketchup bottles,
and number ten (10) cans which do not meet the materials, durability,
strength, and cleanability specifications under Sections 225.170(A)(1),
225.180(A)(1), and 225.180(B)(1) for multiuse UTENSILS.
SLACKING
The process of moderating the temperature of a FOOD such
as allowing a food to gradually increase from a temperature of minus
twenty-three degrees Celsius (-23° C.) (-10° F.) to minus
four degrees Celsius (-4° C.) (25° F.) in preparation for
deep-fat frying or to facilitate even heat penetration during the
cooking of previously block-frozen FOOD such as shrimp.
SMOOTH
(1)
A FOOD-CONTACT SURFACE having a surface free of pits and inclusions
with a cleanability equal to or exceeding that of (100 grit) number
three (3) stainless steel;
(2)
A non-FOOD-CONTACT SURFACE of EQUIPMENT having a surface equal
to that of commercial grade hot-rolled steel free of visible scale;
and
(3)
A floor, wall, or ceiling having an even or level surface with
no roughness or projections that render it difficult to clean.
TABLEWARE
Eating, drinking, and serving UTENSILS for table use such
as flatware including forks, knives, and spoons; hollowware including
bowls, cups, serving dishes, and tumblers; and plates.
TEMPERATURE MEASURING DEVICE
A thermometer, thermocouple, thermistor, or other device
that indicates the temperature of FOOD, air, or water.
TEMPORARY FOOD ESTABLISHMENT
A FOOD ESTABLISHMENT that operates for a period of no more
than fourteen (14) consecutive days in conjunction with a single event
or celebration.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (formerly "TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD" (PHF))
(1)
"Time/temperature control for safety food" means a food that
requires time/temperature control for safety (TCS) to limit pathogenic
microorganism growth or toxin formation.
(2)
"Time/temperature control for safety food" includes:
(a)
An animal FOOD that is raw or heat-treated; a plant FOOD that
is heat-treated or consists of raw seed sprouts, cut melons, cut leafy
greens, cut tomatoes or mixtures of cut tomatoes that are not modified
in a way so that they are unable to support pathogenic microorganism
growth or toxin formation, or garlic-in-oil mixtures that are not
modified in a way so that they are unable to support pathogenic microorganism
growth or toxin formation; and
(b)
Except as specified in Subparagraph (3)(d) of this definition,
a FOOD that because of the interaction of its AW and pH values is designated as Product Assessment Required (PA)
in Table A or B of this definition:
Table A. Interaction of pH and AW for
control of spores in FOOD heat-treated to destroy vegetative cells
and subsequently PACKAGED
|
---|
AW values
|
pH: 4.6 or less
|
pH: > 4.6 - 5.6
|
pH: > 5.6
|
---|
< 0.92
|
non-TCS FOOD*
|
non-TCS FOOD
|
non-TCS FOOD
|
> 0.92 - 0.95
|
non-TCS FOOD
|
non-TCS FOOD
|
PA**
|
> 0.95
|
non-TCS FOOD
|
PA
|
PA
|
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
|
** PA means Product Assessment required
|
Table B. Interaction of PH and AW for
control of vegetative cells and spores in FOOD not heat-treated or
heat-treated but not PACKAGED
|
---|
AW values
|
pH: < 4.2
|
pH: 4.2 - 4.6
|
pH: > 4.6 - 5.0
|
pH: > 5.0
|
---|
< 0.88
|
non-TCS food*
|
non-TCS food
|
non-TCS food
|
non-TCS food
|
0.88 - 0.90
|
non-TCS food
|
non-TCS food
|
non-TCS food
|
PA**
|
> 0.90 - 0.92
|
non-TCS food
|
non-TCS food
|
PA
|
PA
|
> 0.92
|
non-TCS food
|
PA
|
PA
|
PA
|
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
|
** PA means Product Assessment required
|
(3)
"Time/temperature control for safety food" does not include:
(a)
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;
(b)
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;
(c)
A FOOD that because of its pH or AW value,
or interaction of AW and pH values, is designated
as a non-TCS FOOD in Table A or B of this definition;
(d)
A FOOD that is designated as Product Assessment Required (PA)
in Table A or B of this definition and has undergone a Product Assessment
showing that the growth or toxin formation of pathogenic microorganisms
that are reasonably likely to occur in that FOOD is precluded due
to:
(i)
Intrinsic factors including added or natural characteristics
of the FOOD such as preservatives, antimicrobials, humectants, acidulants,
or nutrients;
(ii)
Extrinsic factors including environmental or operational factors
that affect the FOOD such as packaging, modified atmosphere such as
REDUCED OXYGEN PACKAGING, shelf life and use, or temperature range
of storage and use; or
(iii)
A combination of intrinsic and extrinsic factors; or
USDA
The U.S. Department of Agriculture.
UTENSIL
A FOOD-CONTACT implement or container used in the storage,
preparation, transportation, dispensing, sale, or service of FOOD,
such as KITCHENWARE or TABLEWARE that is multiuse, SINGLE-SERVICE,
or SINGLE-USE; gloves used in contact with FOOD; temperature sensing
probes of FOOD TEMPERATURE MEASURING DEVICES; and probe-type price
or identification tags used in contact with FOOD.
VARIANCE
A written document issued by the REGULATORY AUTHORITY that
authorizes a modification or waiver of one (1) or more requirements
of this Code if, in the opinion of the REGULATORY AUTHORITY, a health
HAZARD or nuisance will not result from the modification or waiver.
VENDING MACHINE
A self-service device that, upon insertion of a coin, paper
currency, token, card, or key, or by optional manual operation, dispenses
unit servings of FOOD in bulk or in packages without the necessity
of replenishing the device between each vending operation.
VENDING MACHINE LOCATION
The room, enclosure, space, or area where one (1) or more
VENDING MACHINES are installed and operated and includes the storage
areas and areas on the PREMISES that are used to service and maintain
the VENDING MACHINES.
WAREWASHING
The cleaning and SANITIZING of UTENSILS and FOOD-CONTACT
SURFACES of EQUIPMENT.
WHOLE-MUSCLE, INTACT BEEF
Whole muscle beef that is not injected, mechanically tenderized,
reconstructed, or scored and marinated, from which beef steaks may
be cut.