Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-2 - Definitions

Current through June, 2024
As used in this chapter:
"Adulterated" has the meaning stated in section 402 of the
					 Federal Food, Drug, and Cosmetic Act.
"Approved" means acceptable to the department based on a
					 determination of conformity with principles, practices, and generally
					 recognized standards that protect public health.
"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. Asymptomatic includes not
					 showing symptoms because symptoms have resolved or subsided, or because
					 symptoms never manifested.
"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.
"Balut" means an einbryo 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" means a liquid for drinking, including
					 water.
"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.
"Casing" means a tubular container for sausage products
					 made of either natural or artificial (synthetic) material.
"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.
"CFR" means the 2013 Code of Federal Regulations. Citations
					 in this chapter 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" 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. The term 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.
"Color additive" has the meaning stated in the Federal
					 Food, Drug, and Cosmetic Act, section 201(t) and
					 21
					 CFR 70.3(f).
"Commingle" means:
(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" means reduced in size by methods including
					 chopping, flaking, grinding, or mincing. 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 or more
					 types of meat that have been reduced in size and combined, such as sausages
					 made from two or more meats.
"Conditional employee" means 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" 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.
"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.
"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.
"Counter-mounted equipment" means equipment that is not
					 portable and is designed to be mounted off the floor on a table, counter, or
					 shelf.
"Critical control point" means a point or procedure in a
					 specific food system where loss of control may result in an unacceptable health
					 risk.
"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.
"Cut leafy greens" means 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" means 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" means the department of health. State of
					 Hawaii.
"Director" means the director of health of the department
					 of health. State of Hawaii, or an authorized representative.
"Disclosure" means 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" means water that meets criteria as
					 specified in 40 CFR 141, entitled "National primary drinking water
					 regulations", and is traditionally known as "potable water". 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.
"Dry storage area" means a room or area designated for the
					 storage of packaged or containerized bulk food that is not potentially
					 hazardous (time/temperature control for safety food) and dry goods such as
					 single-service items.
"Easily cleanable" means a characteristic of a surface
					 that:
(1) Allows effective removal of soil by normal cleaning
					 methods;
(2) Is dependent on the material, design, construction, and
					 installation of the surface; and
(3) 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.
(4) Easily cleanable includes a tiered application of the
					 criteria that qualify the surface as easily cleanable as specified in paragraph
					 (1) 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.
"Egg" means the shell egg of avian species such as
					 chicken, duck, goose, guinea, quail, ratites, or turkey. Egg does not
					 include:
(1) A balut;
(2) The egg of reptile species such as alligator? or
(3) An egg product.
"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. The term does not include food which contains
					 eggs only in a relatively small proportion such as cake mixes.
"Employee" means the owner or operator, 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" means the U.S. Environmental Protection
					 Agency.
"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. This 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" means to prevent a person from working as an
					 employee in a food establishment or entering a food establishment as an
					 employee,
"FDA" means the U.S. Food and Drug Administration.
"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. 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" 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.
"Food additive" has the meaning stated in the Federal Food,
					 Drug, and Cosmetic Act, section 201 (s) and
					 21
					 CFR 170.3(e) (1).
"Food-contact surface" means:
(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:
(A) Into a food; or
(B) Onto a surface normally in contact with food.
"Food employee" means an individual working with unpackaged
					 food, food equipment or utensils, or food-contact surfaces.
"Food establishment" means:
(1) Any place or portion thereof, maintained, used, or
					 operated for the purpose of storing, preparing, serving, manufacturing,
					 packaging, transporting, or otherwise handling food for distribution at retail
					 or wholesale to the public; and
(2) Any place or portion thereof, used in support of and in
					 conjunction with any other food establishment.
"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.
"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, entitled "Definitions", or as poultry,
					 or fish.
(1) Game animals 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.
(2) Game animals does not include ratites.
"General use pesticide" means a pesticide that is not
					 classified by EPA for restricted use as specified in
					 40 CFR
					 152.175, entitled "Pesticides classified for
					 restricted use".
"Grade A standards" means 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" means Hazard Analysis and Critical Control
					 Point,
"HACCP plan" means 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.
"Hand-pounded poi" means a product made from the process of
					 manually pulverizing cooked taro with a stone implement on a wooden board
					 designed for the purpose of pounding poi.
"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. A handwashing sink
					 includes an automatic handwashing facility.
"Hazard" means a biological, chemical, or physical property
					 that may cause an unacceptable consumer health risk.
"Health practitioner" means a physician licensed to
					 practice medicine, or if allowed by law, a nurse practitioner, physician
					 assistant, or similar medical professional.
"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.
"Highly susceptible population" means 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.
"Home kitchen" means a kitchen designed and intended for
					 use by the residents of a home.
"Homemade food products" means not potentially hazardous
					 food produced or packaged in a home kitchen but does not include fermented
					 foods, acidified foods, canned or bottled foods, dried meats or seafood, low
					 acid canned foods and garlic in oil.
"HRS" means the Hawaii Revised Statutes.
"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:
(1) The number of potential injuries; and
(2) The nature, severity, and duration of the anticipated
					 injury.
"Injected" means 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" means the aqueous liquid expressed or extracted
					 from one or more fruits or vegetables, purees of the edible portions of one or
					 more fruits or vegetables, or any concentrates of such liquid or puree. The
					 term does not include, for purposes of HACCP, liquids, purees, or concentrates
					 that are not used as beverages or ingredients of beverages.
"Kitchenware" means food preparation and storage
					 utensils.
"Law" means applicable local, state, and federal statutes,
					 regulations, rules, and ordinances.
"Linens" means fabric items such as cloth hampers, cloth
					 napkins, table cloths, wiping cloths, and work garments including cloth
					 gloves.
"Major food allergen":
(1) 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 (A);
(2) Major food allergen does not include:
(A) Any highly refined oil derived from a food specified in
					 paragraph (1)(A) 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" 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 in section
					 11-50-31(g) (1)
					 (C).
"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. The term does not include processes by which solutions are
					 injected into meat.
"Menu change" means a modification of a food
					 establishment's menu that would require a change in the food establishment's
					 food preparation methods, equipment, or storage capacity previously approved by
					 the director. These changes may include but are not limited to, the addition of
					 potentially hazardous foods to a menu, installation of new food preparation or
					 storage equipment, or increasing storage capacity.
"mg/L" means milligrams per liter, which is the metric
					 equivalent of parts per million (ppm).
"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,
"Natural disaster" means any disaster such as a tsunami,
					 hurricane, volcanic eruption, typhoon, earthquake, or flood.
"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. The term does not include cooking
					 procedures that only involve temporarily interrupting or slowing an otherwise
					 continuous cooking process.
"Owner" means a person who has vested rights in equity or
					 at law in the real property or proprietary interests of the food establishment
					 or any part of it.
"Operator" means the person responsible for the overall
					 management of the food establishment.
"Packaged" means bottled, canned, cartoned, bagged, or
					 wrapped, whether packaged in a food establishment or a food processing plant.
					 The term does not include food wrapped or placed in a carry-out container to
					 protect it during service or delivery to the consumer by a food
					 employee.
"Permit" means the document issued by the director that
					 authorizes a person to operate a food establishment.
"Person" means an association, a corporation, individual,
					 partnership, other legal entity, government, or governmental subdivision or
					 agency.
"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. Personal care items include
					 medicines; first aid supplies; and other items such as cosmetics, and
					 toiletries such as toothpaste and mouthwash.
"Person in charge" means the individual present at a food
					 establishment who is responsible for the operation at the time of
					 inspection.
"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 zero and seven indicate acidity and
					 values between seven and fourteen indicate alkalinity. The value for pure
					 distilled water is seven, which is considered neutral.
"PHF" means potentially hazardous food.
"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.
"Plumbing fixture" means 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" 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.
"Poisonous or toxic materials" means substances that are
					 not intended for ingestion and are included in four 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 nonfood 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.
"Potentially hazardous food (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.
(1) Potentially hazardous 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 paragraph (2)(D), a food that
					 because of the interaction of its Aw and pH values is designated as Product
					 Assessment Required (PA) in Table 2-1 or Table 2-2:
Table 2-1 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 to 5.6
> 5.6
<=0.92
non-PHF/non-TCS food
non-PHF/non-TCS food
non-PHF/non-TCS food
>0.92 to 0.95
non-PHF/non-TCS food
non-PHF/non-TCS food
PA
>0.95
non-PHF/non-TCS food
PA
PA
Table 2-2 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 values
< 4.2
4.2 to 4.6
> 4.6 to 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 to 0.90
non-PHF/non-TCS food
non-PHF/non-TCS food
non-PHF/non-TCS food
PA
>0.90 to 0.92
non-PHF/non-TCS food
non-PHF/non-TCS food
PA
PA
>0.92
non-PHF/non-TCS food
PA
PA
PA
(2) Potentially hazardous 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-PHF/non-TCS food in
					 Table 2-1 or Table 2-2 of this definition;
(D) A food that is designated as Product Assessment
					 Required (PA) in Table 2-1 or Table 2-2 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
(E) A food that does not support the growth or toxin
					 formation of pathogenic microorganisms in accordance with one of the paragraph
					 (2)(A), (2)(B), (2)(C), or (2)(D) 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" means:
(1) Any domesticated bird (chickens, turkeys, ducks, geese,
					 guineas, ratites, or squabs), whether live or dead, as defined in
					 9 CFR
					 381.1; 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.
"Premises" means:
(1) The physical facility, its contents, and the contiguous
					 land or property under the control of the owner or operator; or
(2) The physical facility, its contents, and the land or
					 property not described in paragraph (1) if its facilities and contents are
					 under the control of the owner or operator 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.
"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.
"Public water system" has the meaning stated in 40 CFR 141,
					 entitled "National primary drinking water regulations".
"Ratite" means a flightless bird such as an emu, ostrich,
					 or rhea.
"Reduced oxygen packaging":
(1) 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 per cent
					 at sea level); and
(B) A process as specified in subparagraph (A) 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, nonrespiring 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 placed in a hermetically sealed, impermeable bag, cooked in the bag,
					 rapidly chilled, and refrigerated at temperatures that inhibit the growth of
					 psychrotrophic pathogens.
"Refuse" means solid waste not carried by water through the
					 sewage system.
"Regulatory authority" means the local, state, or federal
					 enforcement body or authorized representative having jurisdiction over the food
					 establishment.
"Reminder" means a written statement concerning the health
					 risk of consuming animal foods raw, undercooked, or without otherwise being
					 processed to eliminate pathogens.
"Re-service" means 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.
"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, or unwrapped single-service or single-use
					 articles.
"Restricted egg" means any check, dirty egg, incubator
					 reject, inedible, leaker, or loss as defined in 9 CFR 590.
"Restricted use pesticide" means a pesticide product that
					 contains the active ingredients specified in
					 40 CFR
					 152.175, entitled "Pesticides classified for
					 restricted use" and that is limited to use by or under the direct supervision
					 of a certified applicator.
"Risk" means the likelihood that an adverse health effect
					 will occur within a population as a result of a hazard in a food.
"Safe material" means:
(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 section 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" 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 five logs, which is equal to a 99.999 per
					 cent reduction, of representative disease microorganisms of public health
					 importance.
"Sealed" means free of cracks or other openings that allow
					 the entry or passage of moisture.
"Service animal" means an animal that meets the criteria as
					 specified in 28 CFR 36, entitled "Nondiscrimination on the basis of disability
					 in public places and commercial facilities".
"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.
"Sewage" means liquid waste containing animal or vegetable
					 matter in suspension or solution and may include liquids containing chemicals
					 in solution.
"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.
"Shellstock" means raw, in-shell molluscan
					 shellfish.
"Shiga toxin-producing Escherichia Coli" (STEC) means 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., blood 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 of which can cause
					 hemorrhagic colitis or HUS.
"Shucked shellfish" means molluscan shellfish that have one
					 or both shells removed.
"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.
"Single-use articles" means utensils and bulk food
					 containers designed and constructed to be used once and discarded. Single-use
					 articles include 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 in sections
					 11-50-45(a)  and
					 11-50-46(a) and
					 (c) for multiuse utensils.
"Slacking" means the process of moderating the temperature
					 of a food such as allowing a food to gradually increase from a temperature of
					 minus ten degrees Fahrenheit to twenty-five degrees Fahrenheit in preparation
					 for deep-fat frying or to facilitate even heat penetration during the cooking
					 of previously block-frozen food such as shrimp.
"Smooth" means:
(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 3 stainless steel;
(2) A nonfood-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 renders it difficult to
					 clean.
"Special event" means a planned activity where food is
					 distributed to the public with or without charge at a single specified location
					 held indoors or outdoors, on public or privately owned property, and may
					 include a sporting event, carnival, fairs, farmer's markets, public exhibition,
					 festival, religious organization function, parade or other similar
					 gathering.
"State" means the State of Hawaii.
"Support kitchen" means a food establishment that provides
					 facilities or services in support of another food establishment for cleaning,
					 storage, food preparation, cooking, cooling, reheating, servicing water supply,
					 or wastewater disposal. A private home kitchen shall not be used as an approved
					 support kitchen.
"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.
"TCS food" means time/temperature control for safety
					 food.
"Temperature measuring device" means a thermometer,
					 thermocouple, thermistor, or other device that indicates the temperature of
					 food, air, or water.
"USDA" means the U.S. Department of Agriculture.
"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.
"Variance" means a written document issued by the director
					 that authorizes a modification or waiver of one or more requirements of this
					 chapter if, in the opinion of the director, a health hazard or nuisance will
					 not result from the modification or waiver.
"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.
"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.
"Water activity" means the 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.
"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.
"Warewashing" means the cleaning and sanitizing of utensils
					 and food-contact surfaces of equipment.