Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 750 - FOOD CODE › Subpart A - GENERAL PROVISIONS › Section 750.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Food, Drug and Cosmetic Act
				  [410 ILCS
				  620 ].
"Assessment of Knowledge" means a written or an online
				  evaluation of a student's achievement in a food handler training course.
"Category I Facility" means a food establishment that
				  presents a high relative risk of causing foodborne illness, based on the large
				  number of food handling operations typically implicated in foodborne outbreaks
				  and/or the type of population served by the facility. The standards for
				  regulation of a Category I facility shall be those prescribed by the Local
				  Health Protection Grant Code. Category I facilities include those where the
				  following operations occur:
Complex preparation including cooking, cooling, and reheating
				  for hot holding involving time/temperature control for safety foods;
Processes requiring hot and cold holding of time/temperature
				  control for safety foods;
Conducting specialized processes as described in 3-502 of the
				  FDA 2022 Food Code; or
Serving a highly susceptible population as defined in
				  1-201.10 of the FDA Food Code.
"Category II Facility" means a food establishment that
				  presents a medium relative risk of causing foodborne illness, based upon few
				  food handling operations typically implicated in foodborne illness outbreaks.
				  The standards for regulation of a Category II facility shall be those
				  prescribed by the Local Health Protection Grant Code. Category II facilities
				  include those where the following operations occur:
Most products are prepared or cooked and served
				  immediately.
May involve hot and cold holding of time/temperature control
				  for safety foods after preparation or cooking; or
As approved by the regulatory authority, preparation of
				  time/temperature control for safety foods requiring cooking, cooling, and
				  reheating for hot holding limited to 2 or fewer same items or processes with
				  approved procedures.
"Category III Facility" means a food establishment that
				  presents a low relative risk of causing foodborne illness, based upon few or no
				  food handling operations typically implicated in foodborne illness outbreaks.
				  The standards for regulation of a Category III facility shall be those
				  prescribed by the Local Health Protection Grant Code. Category III facilities
				  include those where the following operations occur:
Heating only commercially processed time/temperature control
				  for safety foods for immediate service with no hot holding or assembly;
Only time/temperature control for safety foods commercially
				  prepackaged in an approved processing plant are available or served at the
				  facility;
Only limited preparation of non-time/temperature control for
				  safety foods and beverages, such as snack foods and carbonated beverages,
				  occurs at the facility; or
Only beverages (alcoholic and nonalcoholic) and garnishes
				  that are non-time/temperature control for safety are served at the
				  facility.
"Certified Food Protection Manager" means a person who has
				  shown proficiency in the required information through passing a test that is
				  part of an accredited program defined in Section 2-102.20 of the FDA 2022 Food
				  Code.
"Children's Meal"
means a combination of food items
				  sold for a single price intended for consumption by children.
(Section
				  21.5 of the Act)
"Cottage Food Operation" means an operation that produces or
				  packages food in compliance with Section 4 of the Food Handling Regulation
				  Enforcement Act.
"Department" or "DPH" means the Illinois Department of Public
				  Health.
"Entity" means a business, non-profit organization,
				  institution or certified local health department.
"FDA" means the United States Food and Drug
				  Administration.
"FDA 2022 Food Code" means the 2022 Recommendations of the
				  United States Public Health Service FDA.
"Food Employee" or "Food Handler" means an individual working
				  with unpackaged food, food equipment or utensils, or food-contact surfaces.
				  "Food employee" or "food handler" does not include temporary food
				  establishments or unpaid volunteers in a food establishment, whether permanent
				  or temporary.
"Food Establishment" means an operation that:
stores, prepares, packages, serves, vends food directly to
				  the consumer, or otherwise provides food for human consumption, such as a
				  restaurant, satellite or catered feeding location, catering operation if the
				  operation provides food directly to a consumer or to a conveyance used to
				  transport people, market, vending location, conveyance used to transport
				  people, institution or food pantry; and
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.
Food establishment includes:
an element of the operation, such as a transportation vehicle
				  or a central preparation facility, that supplies a vending location or
				  satellite feeding location, unless the vending or feeding location is permitted
				  by the regulatory authority; and
an operation that is conducted in a mobile, stationary,
				  temporary or permanent facility or location. This inclusion applies regardless
				  of whether consumption is on or off the premises and whether there is a charge
				  for the food.
Food establishment does not include:
an establishment that offers only prepackaged foods that are
				  not time/temperature control for safety foods;
a produce stand that only offers whole, uncut fresh fruits
				  and vegetables;
a food processing plant, including those located on the
				  premises of a food establishment;
a kitchen in a private home, such as a small family daycare
				  provider or a bed and breakfast operation, as defined in the Bed and Breakfast
				  Act, that prepares and offers food to guests;
a private home that receives catered or home delivered
				  food;
a closed family function where food is prepared or served for
				  individual family consumption; or
a cottage food operation.
"Food Processing Plant" means a commercial operation that
				  manufacturers, 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.
"Hazard" means a biological, chemical, or physical agent that
				  is reasonably likely to cause illness or injury in the absence of its
				  control.
"Hazard Analysis Critical Control Point" or "HACCP" means a
				  systematic approach to the identification, evaluation, and control of food
				  safety hazards.
"Regulatory Authority" means the State and/or local
				  enforcement authority or authorities having jurisdiction over the food
				  establishment.
"Repeat Violation" means a violation noted on the previous
				  inspection report that is observed again on the next routine inspection on the
				  same piece of equipment, same area of the facility, or same practice.
"Restaurant" means any business
, or type of
				  food establishment,
that is primarily engaged in the sale of
				  ready-to-eat food for immediate consumption.
For the purpose of this
				  definition,
"primarily engaged" means having sales of ready-to-eat food
				  for immediate consumption comprising at least 51% of the total sales, excluding
				  the sale of liquor.
(Section
				  3.06 of the Food Handling
				  Regulation Enforcement Act)
"Time/Temperature Control for Safety Food" (also referred to
				  as "Potentially Hazardous Food") means time/temperature control for safety food
				  as defined in 1-201.10 of the FDA 2022 Food Code.
"Voluntary Inspection" means an inspection of meat or poultry
				  products that are not subject to the federal or State meat or poultry
				  inspection laws, and for which the federal or State mark of inspection is
				  requested.