Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-7 - FOOD DIVISION REGULATIONS › Subject 40-7-1 - RETAIL FOOD SALES › Rule 40-7-1-.02 - Purpose & Definitions: Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Statement of Application and Listing of
				Terms.
(a) The following definitions shall
				apply in the interpretation and application of these Regulations.
(b) Terms Defined. As used in these
				Regulations, each of the terms listed in
				40-7-1-.02(1)(b)
				shall have the meaning stated below.
1.
Accredited program.
(i)
"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.
(ii)
"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.
(iii)
"Accredited program"
does not refer to
				training functions or educational programs
.
2.
Additive.
(i)
"Food additive"
has the
				meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s) and
				21 CFR
				170.3(e)(1).
(ii)
"Color additive"
has the
				meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t) and
				21 CFR
				70.3(f).
3.
"Adulterated"
has the meaning
				stated in the Official Code of Georgia Annotated (O.C.G.A.) §
											26-2-26, and the Federal Food,
				Drug, and Cosmetic Act, § 402.
4.
"Approved"
means acceptable
				to the DEPARTMENT based on a determination of conformity with principles,
				practices, and generally recognized standards that protect public
				health.
5.
Asymptomatic.
(i)
"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.
(ii)
"Asymptomatic"
includes not
				showing symptoms because symptoms have resolved or subsided, or because
				symptoms never manifested.
6.
"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.
7.
"Balut"
means 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.
8.
"Beverage"
means a liquid for drinking, including water.
9.
"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.
10.
"Casing"
means a tubular container for sausage products made of either natural or
				artificial, or synthetic, material.
11.
"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.
12.
"CFR"
means CODE OF FEDERAL
				REGULATIONS. Citations in these Regulations 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.
13.
CIP.
(i)
"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.
(ii)
"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.
14.
"Commingle"
means:
(i) To combine SHELLSTOCK harvested on
				different days or from different growing areas as identified on the tag or
				label, or
(ii) To combine SHUCKED
				SHELLFISH from containers with different container codes or different shucking
				dates.
15.
Comminuted.
(i)
"Comminuted"
means reduced in size by methods including chopping,
				flaking, grinding, or mincing.
(ii)
"Comminuted"
includes FISH or MEAT products that are reduced in
				size and restructured or reformulated such as gefilte FISH, gyros, ground beef,
				and sausage; and a mixture of two (2) or more types of MEAT that have been
				reduced in size and combined, such as sausages made from two (2) or more MEATS.
16.
"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.
17.
"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.
18.
"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.
19.
Core item.
(i)
"Core item"
means a
				provision in these Regulations that is not designated as a PRIORITY ITEM or a
				PRIORITY FOUNDATION ITEM.
(ii)
"Core item"
includes an item that usually relates to general
				sanitation, operational controls, sanitation standard operating procedures
				(SSOPs), facilities or structures, equipment design, or general maintenance.
20.
"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.
21.
"Counter-mounted equipment"
means EQUIPMENT that is not portable and is designed to be mounted off the
				floor on a table, counter, or shelf.
22.
"Critical control point"
means a point or procedure in a specific FOOD system where loss of control may
				result in an unacceptable health RISK.
23.
"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.
24.
"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.
25.
"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.
26.
"Department"
means the
				Georgia Department of Agriculture.
27.
"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.
28.
Drinking Water.
(i)
"Drinking water"
means water
				that meets criteria as specified in
				40 CFR
				141 National Primary Drinking Water
				Regulations.
(ii)
"Drinking
				water"
is traditionally known as "potable water."
(iii)
"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.
29.
"Dry storage area"
means a
				room or area designated for the storage of PACKAGED or containerized bulk FOOD
				that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and dry goods such as
				SINGLE-SERVICE items.
30.
Easily Cleanable.
(i)
"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.
(ii)
"Easily cleanable"
includes a tiered application of the criteria
				that qualify the surface as EASILY CLEANABLE as specified in Subparagraph (i)
				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.
31.
"Easily movable"
means:
(i) Portable; mounted on casters, gliders, or
				rollers; or provided with a mechanical means to safely tilt a unit of EQUIPMENT
				for cleaning; and
(ii) 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.
32.
Egg.
(i)
"Egg"
means the shell EGG of
				avian species such as chicken, duck, goose, guinea, quail, RATITES or
				turkey.
(ii)
"Egg"
does not include:
(I)
A BALUT;
(II)
The egg of reptile species such
				as alligator; or
(III)
An EGG PRODUCT.
33.
Egg Product.
(i)
"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.
(ii)
"Egg
				Product"
does not include FOOD which contains EGGS only
				in a relatively small proportion such as cake
				mixes.
34.
"Employee"
means 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.
35.
"EPA"
means the U.S.
				Environmental Protection Agency.
36.
Equipment.
(i)
"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.
(ii)
"Equipment"
does not include apparatuses
				used for handling or storing large quantities of PACKAGED FOODS that are
				received from a supplier in a cased or overwrapped lot, such as hand trucks,
				forklifts, dollies, pallets, racks, and skids.
37.
"Exclude"
means to prevent a
				PERSON from working as an EMPLOYEE in a FOOD ESTABLISHMENT or entering a FOOD
				ESTABLISHMENT as an EMPLOYEE.
38.
"Expiration Date"
is synonymous with Pull Date, Best-By Date, Best
				Before Date, Use-By Date, and Sell-By Date; and means the last date on which
				the following FOOD products can be sold at retail or wholesale:
(i) EGGS;
(ii) Infant formula;
(iii) Milk;
(iv) Shucked oysters; and
(v) TIME/TEMPERATURE CONTROL FOR SAFETY FOOD,
				or any FOOD that is labeled as "keep refrigerated."
39.
"FDA"
means the U.S. Food
				and Drug Administration.
40.
Fish.
(i)
"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.
(ii)
"Fish"
includes an edible
				human FOOD product derived in whole or in part from FISH, including FISH that
				have been processed in any manner.
41.
"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.
42.
"Foodborne disease
				outbreak"
means the occurrence of two or more cases of a similar illness
				resulting from the ingestion of a common FOOD.
43.
"Food-contact surface"
means:
(i) A surface of EQUIPMENT or a UTENSIL
				with which FOOD normally comes into contact; or
(ii) 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.
44.
"Food employee"
means an
				individual working with unpackaged FOOD, FOOD EQUIPMENT or UTENSILS, or
				FOOD-CONTACT SURFACES.
45.
Food Establishment
.
(i)
"Food establishment"
means:
(I)
				Retail and wholesale grocery stores; retail seafood stores and places of
				business; FOOD PROCESSING PLANTS, except those FOOD PROCESSING PLANTS which are
				currently required to obtain a LICENSE from the Commissioner under any other
				provision of LAW; bakeries; confectioneries; fruit, nut, and vegetable stores
				or roadside stands; wholesale sandwich and salad manufacturers, including
				VENDING MACHINES and operations connected therewith; and places of business and
				similar establishments, mobile or permanent, engaged in the sale of FOOD
				primarily for consumption off PREMISES.
I.
				Within a FOOD ESTABLISHMENT, there may be a FOOD service component, not
				separately operated, which may serve customers on site. This FOOD service
				component shall be considered as part of the FOOD ESTABLISHMENT.
II. Within a FOOD ESTABLISHMENT primarily
				operating as a retail firm with sales to the end CONSUMER, there may be a FOOD
				PROCESSING PLANT not separately owned and operated. In these types of blended
				operations, the retail sales are governed by these Regulations, and the FOOD
				PROCESSING PLANT shall be subject to the regulations in 40-7-18 Manufactured
				Food Operations.
(II)
				Cottage food operations. See DEPARTMENT rules Chapter 40-7-19 for regulations
				and requirements specific to cottage food operations.
(ii)
"Food
				establishment"
does not include:
(I) "
Food Service Establishments," as
				defined in the Official Code of Georgia Annotated Section
				26-2-370, which are permitted by
				local health departments.
(II)
This term also shall not include
				establishments engaged in the sale of FOOD primarily for consumption off the
				PREMISES if such sale is an authorized part of and occurs upon the site of a
				fair or festival which:
I.
Is sponsored by a political subdivision of this state or by an
				organization exempt from taxes under paragraph (1) of subsection (a) of Code
				Section 48-7-25 or under Section 501(d) or
				paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal
				Revenue Code, as that code is defined in Code Section
				48-1-2;
II.
Lasts 120 hours or less;
				and
III.
When
				sponsored by such an organization, is authorized to be conducted pursuant to a
				permit issued by the municipality or county in which it is
				conducted.
(III)
Establishments engaged in the
				boiling, bottling, and sale of sugar cane syrup or sorghum syrup within this
				state, provided that such bottles contain a label listing the producer's name
				and street address, all added ingredients, and the net weight or volume of the
				product
.
46.
Food Processing Plant.
(i)
"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.
(ii)
"Food
				processing plants"
operate under DEPARTMENT regulations 40-7-18
				Manufactured Food Operations.
47.
Game Animal.
(i)
"Game animal"
means an
				animal, the products of which are FOOD, that is not classified as livestock,
				sheep, swine, goat, horse, mule, or other equine in
				9 CFR
				301.2 Definitions, or as Poultry, or
				FISH.
(ii)
"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.
(iii)
"Game
				animal"
does not include
				RATITES.
48.
"General use pesticide"
means a pesticide that is not classified
				by EPA for restricted use as specified in
				40 CFR
				152.175 Pesticides classified for restricted
				use.
49.
"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.
50.
"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.
51.
Handwashing Sink.
(i)
"Handwashing sink"
means a
				lavatory, a basin or vessel for washing, a wash basin, or PHYSICAL FACILITIES
				especially placed for use in personal hygiene and designed for the washing of
				the hands.
(ii)
"Handwashing
				sink"
includes an automatic handwashing facility.
52.
"Hazard"
means a biological,
				chemical, or physical property that may cause an unacceptable CONSUMER health
				RISK.
53.
"Health
				practitioner"
means a physician licensed to practice medicine, or if
				allowed by LAW, a nurse practitioner, physician assistant, or similar medical
				professional.
54.
"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.
55.
"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.
56.
"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.
57.
"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."
58. "Intact Meat" means a
				cut of whole muscle(s) MEAT that has not undergone COMMINUTION, INJECTION,
				MECHANIAL TENDERIZATION, or reconstruction.
59.
Juice.
(i)
"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.
(ii)
"Juice"
does not include, for purposes of
				HACCP, liquids, puree, or concentrates that are not used as BEVERAGES or
				ingredients of BEVERAGES.
60.
"Kitchenware"
means FOOD
				preparation and storage UTENSILS.
61.
"Law"
means applicable
				local, state, and federal statutes, regulations, and ordinances.
62.
"License"
means the document
				issued by the DEPARTMENT that authorizes a PERSON to operate a FOOD
				ESTABLISHMENT.
63.
"License
				holder"
means the entity that:
(i) Is
				legally responsible for the operation of the FOOD ESTABLISHMENT such as the
				owner, the owner's agent, or other PERSON; and
(ii) Possesses a valid LICENSE to operate a
				FOOD ESTABLISHMENT.
64.
"Linens"
means fabric items such as cloth hampers, cloth napkins,
				table cloths, wiping cloths, and work garments including cloth
				gloves.
65.
Major Food
				Allergen.
(i)
"Major food
				allergen"
means:
(I) 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
(II) A
				FOOD ingredient that contains protein derived from a FOOD, as specified in
				Subparagraph (i)(I) of this definition.
(ii)
"Major food
				allergen"
does not include:
(I)
Any highly refined oil derived
				from a FOOD specified in Subparagraph (i)(I) of this definition and any
				ingredient derived from such highly refined oil; or
(II)
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).
66.
"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
				40-7-1-.09(7)(a)3
				and 4
.
67.
Mechanically Tenderized.
(i)
"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.
(ii)
"Mechanically tenderized"
does not
				include processes by which solutions are INJECTED into
				meat.
68.
"mg/L"
means milligrams per liter, which is the metric equivalent
				of parts per million (ppm).
69.
"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
.
70.
Non-Continuous Cooking.
(i)
"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.
(ii)
"Non-continuous
				cooking"
does not include cooking procedures that only
				involve temporarily interrupting or slowing an otherwise continuous cooking
				process.
71.
Packaged.
(i)
"Packaged"
means bottled, canned, cartoned, bagged, or wrapped,
				whether PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT.
(ii)
"Packaged"
does not include wrapped or placed in a carry-out container to protect
				the FOOD during service or delivery to the CONSUMER, by a FOOD EMPLOYEE, upon
				CONSUMER request.
72.
"Person"
means an
				association, a corporation, individual, partnership, other legal entity,
				government, or governmental subdivision or agency.
73.
"Person in charge"
means the
				individual present at a FOOD ESTABLISHMENT who is responsible for the operation
				at the time of inspection.
74.
Personal Care Items.
(i)
"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.
(ii)
"Personal care items"
include items such as medicines; first aid supplies; and other items such as
				cosmetics and toiletries, such as toothpaste and mouthwash.
75.
"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.
76.
"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.
77.
"Plumbing
				fixture"
means a receptacle or device that:
(i) Is permanently or temporarily connected
				to the water distribution system of the PREMISES and demands a supply of water
				from the system; or
(ii) Discharges
				used water, waste materials, or SEWAGE directly or indirectly to the drainage
				system of the PREMISES.
78.
"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.
79.
"Poisonous or toxic materials"
means substances that are not
				intended for ingestion and are included in four (4) categories:
(i) Cleaners and SANITIZERS, which include
				cleaning and SANITIZING agents and agents such as caustics, acids, drying
				agents, polishes, and other chemicals;
(ii) Pesticides,
except
				SANITIZERS
, which include substances such as insecticides and
				rodenticides;
(iii) 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
(iv) 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.
80.
"Poultry"
means:
(i) Any
				domesticated bird - chickens, turkeys, ducks, geese, guineas, RATITES, or
				squabs; whether live or dead, as defined in
				9 CFR
				381.1 Poultry Products Inspection Regulations
				Definitions, Poultry; and
(ii) Any
				migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or
				pigeon, whether live or dead, as defined in
				9 CFR
				362.1 Voluntary Poultry Inspection
				Regulations, Definitions.
81.
"Premises"
means:
(i) The PHYSICAL FACILITY, its contents, and
				the contiguous land or property under the control of the LICENSE HOLDER;
				or
(ii) The PHYSICAL FACILITY, its
				contents, and the land or property not described in Subparagraph (i) of this
				definition if its facilities and contents are under the control of the LICENSE
				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.
82.
"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.
83.
Priority
				Item.
(i)
"Priority item"
means a provision in these Regulations whose application contributes directly
				to the elimination, prevention or reduction to an acceptable level, hazards
				associated with foodborne illness or injury and there is no other provision
				that more directly controls the hazard.
(ii)
"Priority item"
includes
				items with a quantifiable measure to show control of hazards such as cooking,
				reheating, cooling, handwashing; and
(iii)
"Priority item"
is an item
				that is denoted in these Regulations with a superscript P - 
				P.
84.
Priority Foundation Item.
(i)
"Priority foundation item"
means a provision in these Regulations whose application supports, facilitates
				or enables one or more PRIORITY ITEMS.
(ii)
"Priority foundation item"
includes an item that requires the purposeful incorporation of specific
				actions, equipment or procedures by industry management to attain control of
				risk factors that contribute to foodborne illness or injury such as personnel
				training, infrastructure or necessary equipment, HACCP PLANS, documentation or
				record keeping, and labeling; and
(iii)
"Priority foundation item"
is an item that is denoted in these Regulations with a superscript Pf - 
				Pf.
85.
"Public water system"
has
				the meaning stated in 40 CFR
				141 National Primary Drinking Water
				Regulations.
86.
"Ratite"
means a flightless bird such as an emu, ostrich, or
				rhea.
87.
Ready-to-Eat
				Food
(i)
"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 one of the following:
				40-7-1-.11(1)(a) or
				(b),
				40-7-1-.11(2), or
				40-7-1-.11(5), or as
				specified in
				40-7-1-.11(1)(c);
				or
(II) Is a raw or partially
				cooked animal FOOD and the CONSUMER is advised as specified in Subparagraphs
				40-7-1-.11(1)(d)1
				and 3; or
(III) Is prepared in
				accordance with a variance that is granted as specified in Subparagraph
				40-7-1-.11(1)(d)4;
				and
(IV) May receive additional
				preparation for palatability or aesthetic, epicurean, gastronomic, or culinary
				purposes.
(ii)
"Ready-to-eat food"
includes:
(I)
				Raw animal FOOD that is cooked as specified under
				40-7-1-.11(1) or
				40-7-1-.11(2) or
				frozen as specified under
				40-7-1-.11(5);
(II) Raw fruits and vegetables that are
				washed as specified under
				40-7-1-.10(7);
(III) Fruits and vegetables that are cooked
				for hot holding, as specified under
				40-7-1-.11(3);
(IV) All TIME/TEMPERATURE CONTROL FOR SAFETY
				FOOD that is cooked to the temperature and time required for the specific FOOD
				under 40-7-1-.11(1) -
				(4) and cooled as specified under
				40-7-1-.12(4);
(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 as specified in 21
				CFR Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically
				Sealed Containers.
88.
Reduced Oxygen Packaging.
(i)
"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 atmosphere - approximately
				21% at sea level; and
(II) A
				process as specified in Subparagraph (i)(I) of this definition that involves a
				FOOD for which the HAZARDS
Clostridium botulinum
or
Listeria monocytogenes
require control in the
				final PACKAGED form.
(ii)
"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;
(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;
(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;
(IV) 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
(V) Sous vide
				PACKAGING, in which raw or partially cooked FOOD is vacuum packaged in an
				impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at
				temperatures that inhibit the growth of psychrotrophic pathogens.
89.
"Refuse"
means solid waste not carried by water through the SEWAGE
				system.
90.
"Regulatory
				authority"
means the local, state, or federal enforcement body or
				authorized representative having jurisdiction over a FOOD ESTABLISHMENT or FOOD
				PROCESSING PLANT.
91.
"Reminder"
means a written statement concerning the health RISK of
				consuming animal FOODS raw, undercooked, or without otherwise being processed
				to eliminate pathogens.
92.
"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.
93.
"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.
94.
"Restricted egg"
means any
				check, dirty EGG, incubator reject, inedible, leaker, or loss as defined in
				9 CFR
				590.
95.
"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.
96.
"Risk"
means the likelihood that an adverse health effect will
				occur within a population as a result of a HAZARD in a FOOD.
97.
"Safe material"
means:
(i) 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;
(ii)
				An additive that is used as specified in § 409 of the Federal Food, Drug,
				and Cosmetic Act; or
(iii) Other
				materials that are not ADDITIVES and that are used in conformity with
				applicable regulations of the Food and Drug Administration.
98.
"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.
99.
"Sealed"
means free of cracks or other openings that allow the
				entry or passage of moisture.
100.
"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.
101.
"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.
102.
"Sewage"
means liquid waste
				containing animal or vegetable matter in suspension or solution and may include
				liquids containing chemicals in solution.
103.
"Shellfish control
				authority"
means a state, federal, foreign, tribal, or other government
				entity legally responsible for administering a program that includes
				certification of harvesters and DEALER s for interstate commerce.
104.
"Shellstock"
means raw,
				in-shell MOLLUSCAN SHELLFISH.
105.
"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. bloody diarrhea, to hemolytic uremic syndrome (HUS) - a type of
				kidney failure. Examples of serotypes of STEC include:
E. coli
O157:H7;
E. coli
O157:NM;
E. coli
O26:H11;
E. coli
O145:NM;
E. coli
O103:H2; and
E. coli
O111:NM. STEC are sometimes referred to as VTEC
				(verocytotoxigenic
E. coli
) or as EHEC (Enterohemorrhagic
E. coli
). EHEC are a subset of STEC which can cause
				hemorrhagic colitis or HUS.
106.
"Shucked shellfish"
means MOLLUSCAN SHELLFISH that have one or
				both shells removed.
107.
"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.
108.
Single-Use Articles.
(i)
"Single-use articles"
means
				UTENSILS and bulk FOOD containers designed and constructed to be used once and
				discarded.
(ii)
"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
				40-7-1-.16(1),
				40-7-1-.17(1), and
				40-7-1-.17(3) for
				multiuse UTENSILS.
109.
"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 shrimp.
110.
"Smooth"
means:
(i) A FOOD-CONTACT SURFACE having a surface
				free of pits and inclusions with a cleanability equal to or exceeding that of
				100 grit or number 3 stainless steel;
(ii) A nonFOOD-CONTACT SURFACE of EQUIPMENT
				having a surface equal to that of commercial grade hot-rolled steel free of
				visible scale; and
(iii) A floor,
				wall, or ceiling having an even or level surface with no roughness or
				projections that render it difficult to clean.
111.
"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.
112.
"Temperature measuring device"
means a thermometer, thermocouple,
				thermistor, or other device that indicates the temperature of FOOD, air, or
				water.
113.
Time/Temperature
				Control for Safety Food -
formerly "potentially hazardous food" (PHF).
(i)
"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.
(ii)
"Time/temperature control for safety food"
includes:
(I) 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
(II)
				Except as specified in Subparagraph (iii)(IV) of this definition, a FOOD that
				because of the interaction of its AW and
				PH values is designated as Product Assessment Required
				(PA) in Table A or B of this definition:
Table A. Interaction of PH and
				  AW for control of spores in FOOD heat-treated to destroy
				  vegetative cells and subsequently PACKAGED
AW
								values
PH:
								4.6 or less
PH:
								> 4.6 - 5.6
PH:
								> 5.6
<0.92
non-TCS FOOD*
non-TCS FOOD
non-TCS FOOD
> 0.92 - 0.95
non-TCS FOOD
non-TCS FOOD
PA**
> 0.95
non-TCS FOOD
PA
PA
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY
				  FOOD
** PA means Product Assessment required
Table B. Interaction of PH and
				  AW for control of vegetative cells and spores in FOOD
				  not heat-treated or heat-treated but not PACKAGED
AW
								values
PH:
								< 4.2
PH:
								4.2 - 4.6
PH:
								> 4.6 - 5.0
PH:
								> 5.0
< 0.88
non-TCS food*
non-TCS food
non-TCS food
non-TCS food
0.88 - 0.90
non-TCS food
non-TCS food
non-TCS food
PA**
> 0.90 - 0.92
non-TCS food
non-TCS food
PA
PA
> 0.92
non-TCS food
PA
PA
PA
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY
				  FOOD
** PA means Product Assessment required
(iii)
"Time/temperature control for safety food"
does not include:
(I)
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
;
(II)
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;
(III)
A FOOD that because of its PH or
				AW value, or interaction of AW
				and PH values, is designated as a non-TCS FOOD in Table
				A or B of this definition;
(IV)
A FOOD that is designated as
				Product Assessment Required (PA) in Table A or B of this definition and has
				undergone a Product Assessment showing that the growth or toxin formation of
				pathogenic microorganisms that are reasonably likely to occur in that FOOD is
				precluded due to:
I.
Intrinsic factors including added or natural characteristics of the
				FOOD such as preservatives, antimicrobials, humectants, acidulants, or
				nutrients,
II.
Extrinsic factors including environmental or operational factors that
				affect the FOOD such as packaging, modified atmosphere such as REDUCED OXYGEN
				PACKAGING, shelf life and use, or temperature range of storage and use,
				or
III.
A
				combination of intrinsic and extrinsic factors; or
(V)
A FOOD that does not
				support the growth or toxin formation of pathogenic microorganisms in
				accordance with one of the Subparagraphs (iii)(I) - (iii)(IV) 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.
114.
"USDA"
means the U.S.
				Department of Agriculture.
115.
"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.
116.
"Variance"
means a written document issued by the DEPARTMENT that
				authorizes a modification or waiver of one or more requirements of these
				Regulations if, in the opinion of the DEPARTMENT, a health HAZARD or nuisance
				will not result from the modification or waiver.
117.
"Vending machine"
means a
				self-service device that, upon insertion of a coin, paper currency, token,
				card, or key, or by electronic transaction or optional manual operation,
				dispenses unit servings of FOOD in bulk or in packages without the necessity of
				replenishing the device between each vending operation.
118.
"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.
119.
"Warewashing"
means the
				cleaning and SANITIZING of UTENSILS and FOOD-CONTACT SURFACES of
				EQUIPMENT.
120.
"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.