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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 25. FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIES |
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SubTilte 25-A. FOOD AND FOOD OPERATIONS |
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Chapter 25-A99. DEFINITIONS |
Section 25-A9901. DEFINITIONS
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9901.1The following terms and phrases shall have the meanings ascribed:
Accredited program – consists of the following:
(a)A food protection manager certification program accredited by the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs;
(b)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, recertification, discipline and grievance procedures; and test development and administration; and
(c)Does not refer to training functions or educational programs.
Additive (Color) – has the meaning stated in § 201(t) of the Federal Food, Drug and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C. §§ 301, et seq.) (Federal Food Act), and 21 C.F.R. § 70.3(f).
Additive (Food) – has the meaning stated in § 201(s) of the Federal Food Act, and 21 C.F.R. § 170.3(e)(1).
Adulterated food – has the meaning stated in § 402 of the Federal Food Act.
Approved – acceptable to the Department of Health or other regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
Asymptomatic – includes but is not limited to the following:
(a)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; or
(b)Not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.
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.
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.
Bainmaries – a hot water-heated, food holding table.
Bed and breakfast operation – a facility where breakfast is included in the rent and is the only meal offered.
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.
Calrod unit – an electric heating element.
Casing – a tubular container for sausage products made of either natural or artificial (synthetic) material.
Catered establishment – a facility that receives food from a licensed caterer or other licensed food establishment including but not limited to public schools, chartered schools, private schools, child development centers, adult day care establishments, nursing homes, schools, community residential establishments, or other institutions.
Caterer – any person who prepares food intended for individual portion service, transports and serves it at another location, or who prepares and serves food at a food establishment, other than one for which he or she holds a license, for service at a single meal, party, or similar gathering.
Certificate – a document issued by the Department, or another jurisdiction or private vendor that is accepted by the Department, which demonstrates that the person identified on the certificate has been determined to be a “certified food protection manager” or a “certified limited food protection manager.”
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.
Certified Food Protection Manager – food professional, trained and certified by an accredited program approved or provided by the Department, who meets specific food safety knowledge standards as to handling raw ingredients and the cooking, cooling and reheating of potentially hazardous foods in food establishments.
Child development center – as defined in the Child Development Facilities Regulations (29 DCMR Chapter 3).
Child development home – as defined in the Child Development Facilities Regulations (29 DCMR Chapter 3).
CIP – 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; but 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.
Code of Federal Regulations – the compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government that is published annually by the U.S. Government Printing Office; and contains FDA rules in 21 C.F.R., USDA rules in 7 C.F.R. and 9 C.F.R., EPA rules in 40 C.F.R., and Wildlife and Fisheries rules in 50 C.F.R.
Commingle – consists of the following
(a)Combining shellstock harvested on different days or from different growing areas as identified on the tag or label; or
(b)Combining shucked shellfish from containers with different container codes or different shucking dates.
Comminuted – reduced in size by methods including chopping, flaking, grinding, or mincing, and 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.
Community residential facility – as defined in the “Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983”, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501 (2005 Repl. & 2011 Supp.).
Condemnation order – an administrative restriction or exclusion on the use of specific equipment, utensils or linens.
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.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 – is:
(a)A provision in this Code that is not designated as a priority item or a priority foundation item; and
(b)An item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.
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 (for example, 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.
Department – Department of Health.
Director – the Director of the Department of Health or his or her designee.
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 – water that meets 40 C.F.R. part 141 − National Primary Drinking Water Regulations standards and is traditionally known as “potable water,” and 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.”
Easily movable – portable; mounted on casters, gliders or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and having no utility connection, a utility connection that connects 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 – consists of the following:
(a)The shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites, or turkey.
(b)Egg does not include:
(1)A balut;
(2)The egg of a reptile species such as alligator; or
(3)An egg product.
Egg product – consists of the following:
(a)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; and
(b)Does not include food which contains eggs only in a relatively small proportion such as cake mixes.
Embargo order – an administrative restriction or exclusion on the distribution of food or food products.
Employee – the license 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.
Enterohemorrhagic Escherichia coli (EHEC) – E. coli which causes hemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. The term is typically used in association with E. coli that have the capacity to produce Shiga Toxins and to cause attaching and effacing lesions in the intestine. EHEC is a subset of Shiga toxin-producing Escherichia coli (STEC, whose members produce additional virulence factors. Infections with EHEC may be asymptomatic but are classically associated with bloody diarrhea (hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or thrombolic thrombocytopenic purpura (TTP). Examples of serotypes of EHEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; or E. coli O111:NM. See also Shiga Toxin-producing E. coli.
EPA – the United States Environmental Protection Agency.
Equipment – 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 but 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.
Exclude – to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee.
FDA – the United States Food & Drug Administration.
Federal Food Act – the Federal Food, Drug and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C. §§ 301, et seq.).
Fish – 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 including 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 in whole or in part for human consumption, or chewing gum.
Foodborne disease outbreak – the occurrence of two (2) or more cases of a similar illness resulting from the ingestion of a common food.
Food-contact surface – a surface of equipment or a utensil with which food normally comes into contact or a surface of equipment or a utensil from which food may drain, drip, or splash into a food or onto a surface normally in contact with food.
Food employee – an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces. This could include the owner, individual having supervisory or management duties, person on payroll, family member, volunteer, person performing work under contractual agreement, or any other person working in a food establishment or catered establishment. In health care facilities, this includes those who set up trays for patients to eat, feed or assist patients in eating, give oral medications or give mouth or denture care. In child development facilities and long term care facilities, which are licensed food establishments, this includes those who prepare food for clients to eat, feed or assist clients in eating or give oral medications.
Food establishment –
(a)Includes but is not limited to an operation that stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food for human consumption such as:
(1)A restaurant, grocery store, convenience store, bakery, delicatessen, hotel or bed and breakfast operation where food is provided;
(2)A satellite or catered feeding location;
(3)A catering operation where the operation provides food directly to a consumer or to a conveyance used to transport people such as trains or airplanes;
(4)A market; vending location; conveyance used to transport people such as trains or airplanes; institution; or food bank;
(5)An operation 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;
(6)An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location licensed by the Mayor;
(7)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; and
(8)All restaurants, coffee shops, cafeterias, short-order cafés, luncheonettes, soda fountains, and all other eating and drinking establishments operated within the District of Columbia on premises owned or held under lease by the government of the United States or any federal department or agency, irrespective of whether such establishments are operated by the United States or any federal department or agency or by any other person, firm, association, or corporation, and also irrespective of whether such establishments are operated for profit or otherwise. See Chapter 613 of An Act To Extend the health regulations of the District of Columbia to Government restaurants within the District of Columbia, approved December 20, 1944 (58 Stat. 826; D.C. Official Code § 7-2701(a) (2008 Repl.)).
(b)But does not include:
(1)An establishment that offers only prepackaged foods that are not potentially hazardous (time/temperature control for safety) foods;
(2)A produce stand that only offers whole, uncut, fresh fruits and vegetables;
(3)A food processing plant, including those that are located on the premises of a food establishment;
(4)A kitchen in a private home where only food that is not potentially hazardous (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 where 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 Department;
(5)An area where food that is prepared as specified in Paragraph (4) of this definition is sold or offered for human consumption;
(6)A kitchen in a private home, including a child development home; a community residential home; 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 do not exceed three (3), breakfast is the only meal offered, the number of guests served does not exceed nine (9), 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 Department;
(7)A private home that receives catered or home-delivered food;
(8)A private club, or a church, which serves occasional meals at not more than twenty-four (24) events during a twelve (12) month period; and
(9)United States Senate and House of Representative’s restaurants, as set forth in Chapter 613 of An Act To Extend the health regulations of the District of Columbia to Government restaurants within the District of Columbia, approved December 20, 1944 (58 Stat. 826; D.C. Official Code § 7-2701(b) (2008 Repl.).
Food processing plant – 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.
Game animal –
(a)An animal, the products of which are food, that is not classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9 C.F.R. § 301.2 (Definitions) or as poultry as fish.
(b)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)But does not include ratites.
Grade A standards – 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.Hazard Analysis Critical Control Point (HACCP) Plan – 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.
Handwashing sink – 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 hands; and includes an automatic handwashing facility.
Hazard – a biological, chemical, or physical property that may cause an unacceptable consumer health risk.
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, designed and intended 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:
(a)Immune-compromised, preschool age children, or older adults; and
(b)Obtaining food at a facility that provides services including custodial care, health care, assisted living, or nutritional or socialization services, such as a child or adult day care center, kidney dialysis center, hospital, nursing home, or senior center.
Imminent health hazard – a significant threat or danger to health that is considered to exist when there is sufficient evidence to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operations to prevent injury based on the number of potential injuries, and the nature, severity, and duration of the anticipated injury.
Injected – manipulating a 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 – consists of the following:(a)The aqueous liquid expressed or extracted from one (1) or more fruits or vegetables, purées of the edible portions of one (1) or more fruits or vegetables, or any concentrates of such liquid or purée.
(b)But does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as beverages or ingredients of beverages.
Kitchenware – food preparation and storage utensils.
License – a government authorization to operate a food establishment.
Licensee – a person who is legally responsible for the operation of the food establishment, such as the owner, the owner's agent, or other person, and who possesses the government authorization to operate a food establishment.
Linens – fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments including cloth gloves.
Major food allergen –
(a)Consists of the following:
(1)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; and
(2)A food ingredient that contains protein derived from a food, as specified in Subparagraph (a)(1) of this definition.
(b)Does not include:
(1)Any highly refined oil derived from a food specified in Subparagraph (a)(1) of this definition and any ingredient derived from such highly refined oil; or
(2)Any ingredient that is exempt under the petition or notification process specified in Inventory of Petitions Received under 21 U.S.C. § 343(w)(6) for Exemption from Food Allergen Labeling June 13, 2006.
Mass gathering – an actual or reasonably anticipated assembly of one thousand five hundred (1,500) or more persons that will continue, or may reasonably be expected to continue, for more than eight (8) consecutive hours and that is held in an open space or temporary structure especially constructed, erected, or assembled for the gathering.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 § 706.3 and 706.4 that is offered for human consumption.
Mechanically tenderized – consists of the following:
(a)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.
(b)But 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).
Mobile food unit – a structure used to vend food from public space such as a stand, truck, push cart, tow unit, including structures that use propane fuel or an electric generator.
Molluscan shellfish – any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, but does not mean any scallop product that consists only of the shucked adductor muscle.
Non-Continuous cooking – consists of the following:
(a)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.
(b)But does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.
Packaged – bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant, but 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.
Patio – terrace, courtyard, veranda, deck, by whatsoever name called, is an extension of a food establishment’s dining area.
Person – an association, a corporation, individual, partnership, trustee, government, or governmental subdivision or agency, or other legal entity.
Person in charge – the individual present at a food establishment who is responsible for the food service operation.
Personal care items – 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, including medicines, first aid supplies, cosmetics, toiletries, 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 is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system or 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 not intended for ingestion that are included in four (4) categories:
(a)Cleaners and sanitizers, including cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;
(b)Pesticides except sanitizers, including insecticides and rodenticides;
(c)Substances necessary for the operation and maintenance of the establishment including nonfood grade lubricants and personal care items that may be deleterious to health; or
(d)Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, including petroleum products and paints.
Potentially hazardous food (Time/Temperature Control for Safety Food) – any of the following:
(a)A food that requires time/temperature for safety (TCS) to limit pathogenic microorganism growth or toxin formation; and
(b)Foods that include:
(1)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
(2)Except as specified in Subparagraph (c)(4) 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 values
4.6 or less
> 4.6 – 5.6
> 5.6
≤0.92
Non-PHF*/non-
TCS food**
Non-PHF/non-
TCS food
Non-PHF/non-
TCS food
> 0.92 - .95
Non-PHF/non-
TCS food
Non-PHF/non-
TCS food
PA***
> 0.95
Non-PHF/non-
TCS food
PA
PA
* PHF means Potentially Hazardous Food
** 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 but not packaged
Aw values
pH values
< 4.2
4.2 – 4.6
> 4.6 – 5.0
> 5.0
< 0.88
non-PHF*/non-
TCS food**
non-PHF/
non-TCS food
non-PHF/
non- TCS food
non-PHF/
non –TCS food
0.88 – 0.90
non-PHF/
non-TCS food
non-PHF/
non-TCS food
non-PHF/
non-TCS food
PA***
> 0.90 – 0.92
non-PHF/non-
TCS food
non-PHF/
non-TCS food
PA
PA
> 0.92
non-PHF/non-
TCS food
PA
PA
PA
* PHF means Potentially Hazardous Food
** TCS Food means Time/Temperature Control For Safety Food
*** PA means Product Assessment required
(c)Potentially hazardous food (Time/Temperature Control for Safety Food) does not include:
(1)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;
(2)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;
(3)A food that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-PH/non-TCS food in Table A or B of this definition;
(4)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:
(A)Intrinsic factors including added or natural characteristics of the food such as preservative, antimicrobials, humectants, acidulants, or nutrients;
(B)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
(C)A combination of intrinsic and extrinsic factors; or
(d)A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the sections specified in Subparagraphs (c)(1) through (c)(4) of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.
Poultry – any domesticated bird such as chickens, turkeys, ducks, geese, or guineas, ratites, or squabs, whether live or dead, as defined in 9 C.F.R. § 381.1 − Poultry Products Inspection Regulations Definitions, Poultry; and any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 C.F.R. § 362.1 − Voluntary Poultry Inspection, Definitions.
Premises – the physical facility, its contents, and the contiguous land or property under the control of the licensee, or the physical facility, its contents, and the land or property if the facilities and contents are under the control of the licensee 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, including public schools, chartered schools, private schools, recreational camp, or prison.
Primal cut – a basic, major cut into which carcasses and sides of meat are separated, including, but not limited to, beef round, pork loin, lamb flank, or veal breast.
Priority item – consists of the following:
(a)A provision in this Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, of hazards associated with foodborne illness or injury when there is no other provision that more directly controls the hazard;
(b)Items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing; and
(c)An item that is denoted in this Code with a superscript P- P.
Priority foundation item – consists of the following:
(a)A provision in this Code where the application supports, facilitates or enables one (1) or more priority items;
(b)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 recordkeeping, and labeling; and
(c)An item that is denoted in this Code with a superscript Pf- Pf.
Public water system – has the meaning stated in 40 C.F.R. § 141 National Primary Drinking Water Regulations.
Pull date – the date after which the food may not be sold, unless isolated and prominently labeled as being beyond the last date on which the food should be sold without a significant risk of spoilage, loss of palatability if stored by the consumer after that date and in the manner which the food can reasonably be expected to be stored.
Ratite – a flightless bird such as an emu, ostrich, or rhea.
Ready-to-eat food –
(a)Food that is:
(1)In a form that is edible without additional preparation to achieve food safety that has been prepared according to one of the following: § 900.1 or § 900.2; § 901.1, or § 903, or as specified in § 900.4; or
(2)A raw or partially cooked animal food and the consumer is advised as specified in § 900.3(a); or
(3)Prepared in accordance with a variance that is granted as specified in § 900.3(c), and
(b)Notwithstanding Subparagraph (a), ready-to-eat food may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.
(c)Ready-to-eat food also includes:
(1)Raw animal food that is cooked as specified in § 900 or § 901, or frozen as specified in § 903;
(2)Raw fruits and vegetables that are washed as specified in § 806;
(3)Fruits and vegetables that are cooked for hot holding, as specified in § 902;
(4)All potentially hazardous food (time/temperature control for safety food) that is cooked to the temperature and time required for the specific food as specified in Chapter 9 and cooled as specified § 1003;
(5)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;
(6)Substances derived from plants such as spices, seasonings, and sugar;
(7)A bakery item such as bread, cakes, pies, fillings, or icings for which further cooking is not required for food safety;
(8)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
(9)Foods manufactured as specified in 21 C.F.R. part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
Reduced oxygen packaging – the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen; displacing the oxygen with another gas or combination of gases; or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere, twenty-one percent (21%) oxygen, and a process as specified in this definition that involves a food for which Clostridium botulinum or Listeria monosytogenes require control in the final packaged form and includes any of the following:
(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, such as sous vide;
(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, and an increase in the proportion of other gases such as carbon dioxide or nitrogen;
(c)Controlled atmosphere packaging, in which the atmosphere of a packaged 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 psychotropic pathogens; or
(e)Sous vide packaging, in which raw or partially cooked food is placed in a hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychotropic 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.
Residential kitchen – a kitchen in an owner-occupied home.
Restriction – Limits on the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food, including prohibiting the food employee from working with exposed food, clean equipment, utensils, linens, or wrapped single-service or single-use articles.
Restricted egg – any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 C.F.R. § 590.5 – Terms defined, eggs
Restricted use pesticide – a pesticide product that contains the active ingredients specified in 40 C.F.R. § 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.
Risk factors – improper practices or procedures, which have been identified by the Centers for Disease Control and Prevention (CDC), through epidemiological data as the most prevalent contributing factors of foodborne illness or injury. Risk factors include any of the following:
(a)Poor personal hygiene;
(b)Food from unsafe source;
(c)Inadequate cooking;
(d)Improper holding temperatures; and
(e)Contaminated equipment.
Safe material – any of the following:
(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
(c)Any other material that is not an additive and that is used in conformity with applicable regulations of the FDA.
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 of a percent (99.999%) reduction of representative disease microorganisms of public health importance.
Sealed – free of cracks or other openings that allow for 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 discharging liquid or solid wastes, refilling water tanks and ice bins, and where food, food equipment, and supplies for the business are stored.
Sewage – liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.
Shellstock – raw, in-shell molluscan shellfish.
Shiga toxin-producing Escherichia coli (STEC) – any E. coli capable of producing Shiga toxins (also called verocytotoxins or “Shiga-like” toxins). Examples of serotypes of STEC include both O157 and non-O157 E. coli. Also see Enterohemorrhagic Escherichia coli.
Shucked shellfish – molluscan shellfish that have one (1) or both shells removed.
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-time, one-person use after which they are intended for discard.
Single-use articles – utensils and bulk food containers designed and constructed to be used once and discarded, including, but not limited to, 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 that do not meet the materials, durability, strength, and cleanability specifications in §§1400, 1500 and 1502 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 -23oC (-10o F) to -4o C (25o 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 – any of the following:
(a)A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of one hundred (100) grit number three (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 renders it difficult to clean.
Snack – any non-potentially hazardous foods and pre-packaged foods that do not require preparation.
Tableware – eating, drinking, and serving utensils for table use, such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, 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.
USDA – the United States Department of Agriculture.
Utensil – a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food including 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 the Department issues which authorizes a modification or waiver of one (1) or more requirements of this Code if, in the Department’s opinion, 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.
“V” type threads – a non-sanitary, non-cleanable industrial thread.
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.