Chapter
1
Purpose and Definitions
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1-1 TITLE, INTENT, SCOPE
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Subparts
- 1-101 Title
- 1-102 Intent
- 1-103 Scope
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Title
1-101.10 Food Code.
These provisions shall be known as the Food Code, hereinafter referred to as "this Code."
Intent
1-102.10 Food Safety, Illness Prevention, and Honest Presentation.
The purpose of this Code is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.
Scope
1-103.10 Statement.
This Code establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; and provides for food establishment plan review, permit issuance, inspection, employee restriction, and permit suspension.
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1-2 DEFINITIONS
- Subpart
- 1-201 Applicability and Terms Defined
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Applicability and Terms Defined
1-201.10 Statement of Application and Listing of Terms.
- (A) The following definitions apply in the interpretation
and application of this Code.
- (B) Terms Defined.
(See Supplement)
- (1) Accredited program.
- (a)"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.
- (b)"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.
- (c)"Accredited program" does not refer to
training functions or educational programs.
- (2) Additive.
- (a) "Food additive" has the meaning stated in
the Federal Food, Drug, and Cosmetic Act, § 201(s) and 21 CFR 170.
- (b) "Color additive" has the meaning stated in
the Federal Food, Drug, and Cosmetic Act, § 201(t) and 21 CFR 70.
- (3) "Adulterated" has the meaning stated in the
Federal Food, Drug, and Cosmetic Act, § 402.
- (4) "Approved" means acceptable to the regulatory
authority based on a determination of conformity with principles, practices,
and generally recognized standards that protect public health.
- (5) "aw" means 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.
- (6) "Beverage" means a liquid for drinking, including
water.
- (7) "Bottled drinking water" means water that is
sealed in bottles, packages, or other containers and offered for sale for
human consumption, including bottled mineral water.
- (8) "Casing" means a tubular container for sausage
products made of either natural or artificial (synthetic) material.
- (9) "Certification number" means 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.
- (10) CIP.
- (a) "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.
- (b) "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.
- (11) "CFR" means Code of Federal Regulations. Citations
in this Code to the CFR refer sequentially to the Title, Part, and Section
numbers, such as 21 CFR 178.1010 (579 KB) refers to Title 21, Part 178, Section 1010.
- (12) "Code of Federal Regulations" means the compilation
of the general and permanent rules published in the Federal Register by the
executive departments and agencies of the federal government which:
- (a) Is published annually by the U.S. Government
Printing Office; and
- (b) Contains FDA rules in 21 CFR, USDA rules in
7 CFR and 9 CFR, EPA rules in 40 CFR, and Wildlife and Fisheries rules
in 50 CFR.
- (13) "Commingle" means:
- (a) To combine shellstock harvested on different
days or from different growing areas as identified on the tag or label,
or
- (b) To combine shucked shellfish from containers
with different container codes or different shucking dates.
- (14) Comminuted.
- (a) "Comminuted" means reduced in size by
methods including chopping, flaking, grinding, or mincing.
- (b) "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 2 or more types
of meat that have been reduced in size and combined, such as sausages made
from 2 or more meats.
- (15) "Confirmed disease outbreak" means 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.
- (16) "Consumer" means 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.
- (17) "Corrosion-resistant material" means 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.
- (18) "Critical control point" means a point or
procedure in a specific food system where loss of control may result in an
unacceptable health risk.
- (19) Critical Item.
- (a) "Critical item" means a provision of
this Code, that, if in noncompliance, is more likely than other violations
to contribute to food contamination, illness, or environmental health
hazard.
- (b) "Critical item" is an item that is denoted
in this Code with an asterisk *.
- (20) "Critical limit" means 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.
- (21) Drinking Water.
- (a) "Drinking water" means water that meets
40 CFR 141 (1,198 KB) National Primary Drinking Water Regulations.
- (b) "Drinking water" is traditionally
known as "potable water."
- (c) "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 "nondrinking"
water.
- (22) "Dry storage area" means a room or area designated
for the storage of packaged or containerized bulk food that is not potentially
hazardous and dry goods such as single-service items.
- (23) Easily Cleanable.
- (a) "Easily cleanable" means a characteristic
of a surface that:
- (i) Allows effective removal of soil by normal cleaning
methods;
- (ii) Is dependent on the material, design, construction,
and installation of the surface; and
- (iii) 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.
- (b) "Easily cleanable" includes a tiered
application of the criteria that qualify the surface as easily cleanable
as specified under Subparagraph (a) of this definition to different situations
in which varying degrees of cleanability are required such as:
- (i) 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
- (ii) 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.
- (24) "Easily movable" means:
- (a) Portable; mounted on casters, gliders, or
rollers; or provided with a mechanical means to safely tilt a unit of
equipment for cleaning; and
- (b) 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.
- (25) "Egg" means the shell egg of the domesticated
chicken, turkey, duck, goose, or guinea.
- (26) "Employee" means the permit holder, person
in charge, 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.
- (27) "EPA" means the U.S. Environmental Protection
Agency.
- (28) Equipment.
- (a) "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.
- (b) "Equipment" does not include items
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.
- (29) "Exclude" means to prevent a person from
working as a food employee or entering a food establishment except for those
areas open to the general public.
- (30) "FDA" means the U.S. Food and Drug Administration.
- (31) Fish.
- (a) "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.
- (b) "Fish" includes an edible human food
product derived in whole or in part from fish, including fish that have
been processed in any manner.
- (32) "Food" means 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.
- (33) "Foodborne disease outbreak" means the occurrence
of two or more cases of a similar illness resulting from the ingestion of
a common food.
- (34) "Food-contact surface" means:
- (a) A surface of equipment or a utensil with which
food normally comes into contact; or
- (b) A surface of equipment or a utensil from which
food may drain, drip, or splash:
- (i) Into a food, or
- (ii) Onto a surface normally in contact with food.
- (35) "Food employee" means an individual working
with unpackaged food, food equipment or utensils, or food-contact surfaces.
- (36) Food Establishment.
- (a) "Food establishment" means an operation
that stores, prepares, packages, serves, vends, or otherwise provides
food for human consumption:
- (i) 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
- (ii) That 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.
- (b) "Food establishment" includes:
- (i) 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
- (ii) 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.
- (c) "Food establishment" does not include:
- (i) An establishment that offers only prepackaged
foods that are not potentially hazardous;
- (ii) A produce stand that only offers whole,
uncut fresh fruits and vegetables;
- (iii) A food processing plant;
- (iv) A kitchen in a private home if only
food that is not potentially hazardous 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;
- (v) An area where food that is prepared as
specified in Subparagraph (C)(iv) of this definition is sold or offered
for human consumption;
- (vi) 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 6, breakfast is the
only meal offered, the number of guests served does not exceed 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
- (vii) A private home that receives catered or home-delivered
food.
- (37) Food Processing Plant.
- (a) "Food processing plant" means a commercial
operation that manufactures, packages, labels, or stores food for human
consumption and does not provide food directly to a consumer.
- (b) "Food processing plant" does
not include a food establishment as defined under Subparagraph 1-201.10(B)(36).
- (38) Game Animal.
- (a) "Game animal" means an animal, the
products of which are food, that is not classified as cattle, sheep, swine,
goat, horse, mule, or other equine in
9 CFR
301 Definitions,
as Poultry in 9 CFR 381, Poultry Products Inspection Regulations, or as fish as defined under Subparagraph
1-201.10(B)(31).
- (b) "Game animal" includes mammals such
as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel,
opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as
land snakes.
- (c) "Game animal" does not include ratites such
as ostrich, emu, and rhea.
- (39) "General use pesticide" means a pesticide
that is not classified by EPA for restricted use as specified in 40 CFR 152.175.
- (40) "Grade A standards" means the requirements
of the United States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance"
and "Grade A Condensed and Dry Milk Ordinance" with which certain fluid and
dry milk and milk products comply.
- (41) "HACCP plan" means a written document that
delineates the formal procedures for following the Hazard Analysis Critical
Control Point principles developed by The National Advisory Committee on Microbiological
Criteria for Foods.
- (42) "Hazard" means a biological, chemical, or
physical property that may cause an unacceptable consumer health risk.
- (43) "Hermetically sealed container" means 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.
- (44) "Highly susceptible population" means persons
who are more likely than other people in the general population to experience
foodborne disease because they are:
- (i) Immunocompromised; preschool age children, or older
adults; and
- (ii) 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.
- (45) "Imminent health hazard" means 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:
- (i) The number of potential injuries, and
- (ii) The nature, severity, and duration of the anticipated
injury.
- (46) "Injected" means manipulating a meat so that
infectious or toxigenic microorganisms may be introduced from its surface
to its interior through tenderizing with deep penetration or injecting the
meat such as by processes which may be referred to as "injecting," "pinning,"
or "stitch pumping."
- (47) "Juice" means, when used in the context
of food safety, the aqueous liquid expressed or extracted from one or more
fruits or vegetables, purées of the edible portions of one or more
fruits or vegetables, or any concentrates of such liquid or purée.
Juice includes juice as a whole beverage, an ingredient of a beverage and
a purée as an ingredient of a beverage.
- (48) "Kitchenware" means food preparation and storage
utensils.
- (49) "Law" means applicable local, state, and federal
statutes, regulations, and ordinances.
- (50) "Linens" means fabric items such as cloth
hampers, cloth napkins, table cloths, wiping cloths, and work garments including
cloth gloves.
- (51) "Meat" means 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 Subparagraphs 3-201.17(A)(3) and (4).
- (52) "mg/L" means milligrams per liter,
which is the metric equivalent of parts per million (ppm).
- (53) "Molluscan shellfish" means 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.
- (54) Packaged.
- (a) "Packaged" means bottled, canned, cartoned,
securely bagged, or securely wrapped, whether packaged in a food establishment
or a food processing plant.
- (b) "Packaged" does not include
a wrapper, carry-out box, or other nondurable container used to containerize
food with the purpose of facilitating food protection during service and
receipt of the food by the consumer.
- (55) "Permit" means the document issued by the
regulatory authority that authorizes a person to operate a food establishment.
- (56) "Permit holder" means the entity that:
- (a) Is legally responsible for the operation of
the food establishment such as the owner, the owner's agent, or other
person; and
- (b) Possesses a valid permit to operate a food establishment.
- (57) "Person" means an association, a corporation,
individual, partnership, other legal entity, government, or governmental subdivision
or agency.
- (58) "Person in charge" means the individual present
at a food establishment who is responsible for the operation at the time of
inspection.
- (59) Personal Care Items.
- (a) "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.
- (b) "Personal care items" include items
such as medicines; first aid supplies; and other items such as cosmetics,
and toiletries such as toothpaste and mouthwash.
- (60) "pH" means 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 0 and 7 indicate acidity and values
between 7 and 14 indicate alkalinity. The value for pure distilled water
is 7, which is considered neutral.
- (61) "Physical facilities" means 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.
- (62) "Plumbing fixture" means a receptacle or device
that:
- (a) Is permanently or temporarily connected to
the water distribution system of the premises and demands a supply of
water from the system; or
- (b) Discharges used water, waste materials, or
sewage directly or indirectly to the drainage system of the premises.
- (63) "Plumbing system" means 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.
- (64) "Poisonous or toxic materials" means substances
that are not intended for ingestion and are included in 4 categories:
- (a) Cleaners and sanitizers, which include cleaning
and sanitizing agents and agents such as caustics, acids, drying agents,
polishes, and other chemicals;
- (b) Pesticides, except sanitizers, which
include substances such as insecticides and rodenticides;
- (c) Substances necessary for the operation and
maintenance of the establishment such as nonfood grade lubricants and
personal care items that may be deleterious to health; and
- (d) 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.
- (65) Potentially Hazardous Food.
- (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, or a shell egg that is not hard-boiled, but has been treated
to destroy all viable Salmonellae;
- (ii) A food with an aw value of 0.85 or
less;
- (iii) A food with a pH 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 nonrefrigerated 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 can not 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.
- (66) Poultry.
- (a) "Poultry" means:
- (i) Any domesticated bird (chickens, turkeys,
ducks, geese, or guineas), whether live or dead, as defined in 9 CFR
381 (932 KB) Poultry Products Inspection Regulations; and
- (ii) Any migratory waterfowl, game bird, such
as pheasant, partridge, quail, grouse, or guinea, or pigeon or squab,
whether live or dead, as defined in 9 CFR 362 Voluntary Poultry Inspection Regulations
- (b) "Poultry" does not include ratites.
- (67) "Premises" means:
- (a) The physical facility, its contents, and the
contiguous land or property under the control of the permit holder; or
- (b) The physical facility, its contents, and the
land or property not described under Subparagraph (a) 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 component of a larger operation such
as a health care facility, hotel, motel, school, recreational camp, or
prison.
- (68) "Primal cut" means 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.
- (69) "Public water system" has the meaning stated
in 40 CFR 141 (1,198 KB) National Primary Drinking Water Regulations.
- (70) Ready-to-Eat Food.
- (a) "Ready-to-eat food" means food
that:
- (i) Is in a form that is edible without additional
preparation to achieve food safety, as specified under ¶ 3-401.11(A) - (C) or § 3-401.12 or 3-402.11; or
- (ii) Is a raw or partially cooked animal food
and the consumer is advised as specified under Subparagraphs 3-401.11(D)(1)
and (2); or
- (iii) Is prepared in accordance with a variance
that is granted as specified under Subparagraphs 3-401.11(D)(1) and (3);
and
- (iv) May receive additional preparation for
palatability or aesthetic, epicurean, gastronomic, or culinary purposes.
- (b) "Ready-to-eat food" includes:
- (i) Raw animal food that is cooked as specified
under § 3-401.11 or 3-401.12, or frozen as specified under §
3-402.11;
- (ii) Raw fruits and vegetables that are washed
as specified under § 3-302.15;
- (iii) Fruits and vegetables that are cooked
for hot holding, as specified under § 3-401.13;
- (iv) All potentially hazardous food that is
cooked to the temperature and time required for the specific food under
Subpart 3-401 and cooled as specified in § 3-501.14;
- (v) 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;
- (vi) Substances derived from plants such as
spices, seasonings, and sugar;
- (vii) A bakery item such as bread, cakes, pies,
fillings, or icing for which further cooking is not required for food
safety;
- (viii) 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
- (ix) Foods manufactured according to 21 CFR Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically
Sealed Containers.
- (71) Reduced Oxygen Packaging.
- (a) "Reduced oxygen packaging" means:
- (i) 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 surrounding, 21%
oxygen atmosphere, and
- (ii) A process as specified in Subparagraph (a)(1)
of this definition that involves a food for which Clostridium
botulinum is identified as a microbiological hazard in the final
packaged form.
- (b) "Reduced oxygen packaging" includes:
- (i) 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, such as sous vide;
- (ii) 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; and
- (iii) 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, nonrespiring food,
and impermeable packaging material.
- (72) "Refuse" means solid waste not carried by
water through the sewage system.
- (73) "Regulatory authority" means the local, state,
or federal enforcement body or authorized representative having jurisdiction
over the food establishment.
- (74) "Restrict" means 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; and unwrapped single-service or single-use
articles.
- (75) "Restricted egg" means any check, dirty egg,
incubator reject, inedible, leaker, or loss as defined in 9 CFR 590.
- (76) "Restricted use pesticide" means 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.
- (77) "Risk" means the likelihood that an adverse
health effect will occur within a population as a result of a hazard in a
food.
- (78) "Safe material" means:
- (a) 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;
- (b) An additive that is used as specified in §
409 or 706 of the Federal Food, Drug, and Cosmetic Act; or
- (c) Other materials that are not additives and
that are used in conformity with applicable regulations of the Food and
Drug Administration.
- (79) "Sanitization" means the application of cumulative
heat or chemicals on cleaned food-contact surfaces that, when evaluated for
efficacy, is sufficient to yield a reduction of 5 logs, which is equal to
a 99.999% reduction, of representative disease microorganisms of public health
importance.
- (80) "Sealed" means free of cracks or other openings
that allow the entry or passage of moisture.
- (81) "Service animal" means an animal such as a
guide dog, signal dog, or other animal individually trained to provide assistance
to an individual with a disability.
- (82) "Servicing area" means 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.
- (83) "Sewage" means liquid waste containing animal
or vegetable matter in suspension or solution and may include liquids containing
chemicals in solution.
- (84) "Shellfish control authority" means 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.
- (85) "Shellstock" means raw, in-shell molluscan
shellfish.
- (86) "Shiga toxin-producing Escherichia coli
" means any E. coli capable of producing Shiga toxins
(also called verocytotoxins or "Shiga-like" toxins). This includes, but is
not limited to, E. coli reported as serotype O157:H7, O157:NM, and
O157:H-."
- (87) "Shucked shellfish" means molluscan shellfish
that have one or both shells removed.
- (88) "Single-service articles" means tableware,
carry-out utensils, and other items such as bags, containers, placemats, stirrers,
straws, toothpicks, and wrappers that are designed and constructed for one
time, one person use after which they are intended for discard.
- (89) Single-Use Articles.
- (a) "Single-use articles" means utensils
and bulk food containers designed and constructed to be used once and
discarded.
- (b) "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 10 cans which do not meet the materials, durability,
strength, and cleanability specifications under §§ 4-101.11,
4-201.11, and 4-202.11 for multiuse utensils.
- (90) "Slacking" means the process of moderating
the temperature of a food such as allowing a food to gradually increase from
a temperature of -23°C (-10°F) to -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 spinach.
- (91) "Smooth" means:
- (a) A food-contact surface having a surface free
of pits and inclusions with a cleanability equal to or exceeding that
of (100 grit) number 3 stainless steel;
- (b) A nonfood-contact surface of equipment having
a surface equal to that of commercial grade hot-rolled steel free of visible
scale; and
- (c) A floor, wall, or ceiling having an even or
level surface with no roughness or projections that render it difficult
to clean.
- (92) "Table-mounted equipment" means equipment
that is not portable and is designed to be mounted off the floor on a table,
counter, or shelf.
- (93) "Tableware" means 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.
- (94) "Temperature measuring device" means a thermometer,
thermocouple, thermistor, or other device that indicates the temperature of
food, air, or water.
- (95) "Temporary food establishment" means a food
establishment that operates for a period of no more than 14 consecutive days
in conjunction with a single event or celebration.
- (96) "USDA" means the U.S. Department of Agriculture.
- (97) "Utensil" means 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.
- (98) "Variance" means a written document issued
by the regulatory authority that authorizes a modification or waiver of one
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.
- (99) "Vending machine" means 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.
- (100) "Vending machine location" means the room,
enclosure, space, or area where one 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.
- (101) "Warewashing" means the cleaning and sanitizing
of utensils and food-contact surfaces of equipment.
- (102) "Whole-muscle, intact beef" means whole muscle
beef that is not injected, mechanically tenderized, reconstructed, or scored
and marinated, from which beef steaks may be cut.
*April 2004 Update: Editorial edits were made to the 2001 Food Code to
incorporate the Errata Sheet, corrections since original posting date, and
for content accuracy. Links were also added where references exist to other
parts/sections of the Food Code, the Code of Federal Regulations, the United States Code, and the Supplement to the 2001 Food Code.