Compilation of Rules and Regulations of the State of Georgia › Department 511 - RULES OF GEORGIA DEPARTMENT OF PUBLIC HEALTH › Chapter 511-6 - FOOD AND LODGING ESTABLISHMENTS › Subject 511-6-2 - TOURIST ACCOMMODATIONS › Rule 511-6-2-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following definitions shall apply in the interpretation
				 and enforcement of these rules:
(a)
				"Approved" means acceptable to the Health Authority based on a determination of
				conformity with principles, practices, and generally recognized standards that
				protect public health.
(b) "Bed and
				Breakfast Inn" means an establishment of twenty guestrooms or less, which
				serves food only to its registered tourists, and serves only a breakfast or
				similar early morning meal and an appropriate light snack in which the price of
				the food is included in the price of the overnight accommodation. For purposes
				of the rules,"Bed and Breakfast Inn" refers to an establishment in which the
				predominant relationship between the occupants thereof and the owner or
				operator of the establishment is that of innkeeper and tourist."
(c) "Consumer" means in terms of relationship
				with a tourist accommodation, a transient person who becomes a guest of a
				tourist accommodation and is a member of the public, takes possession of food,
				receives lodging and services for a fee, is not functioning in the capacity of
				an operator of a tourist accommodation establishment and does not offer the
				food for resale.
(d) "Continental
				breakfast" is defined as and may include (1) any non-potentially hazardous food
				(non-time/temperature control for safety food) which has been prepared
				commercially by a food processing plant that meets requirements of law and is
				served to the consumer out of the original container in which it was purchased
				or if approved by the Health Authority, it may be served out of a commercial,
				self-service dispenser if such dispensers are properly designed to protect
				contained food from the consumer; (2) non-potentially hazardous beverages such
				as coffee and hot tea served in the container in which it was prepared; (3)
				potentially hazardous foods (time/temperature control for safety foods) such as
				milk, cream, butter and cheese prepared by a food processing plant that meets
				requirements of law only if served in single serving commercially packaged
				original containers; (4) juices and condiments including jams, jellies, sugar,
				salt and pepper served in single serving commercially packaged original
				containers or juices may be served from a bulk mechanical dispenser, if
				appropriate warewashing is available; (5) non-ready-to-eat whole, uncut, raw
				fruits, such as bananas, grape fruit, or oranges that require peeling of rind
				by the consumer before consumption; and (6) ready-to-eat, whole, raw, uncut
				fruits such as apples and/or grapes where the peel is consumed along with the
				meat of the fruit. Any additional items, other than those listed, will require
				a food service permit in accordance with the Department's rules and regulations
				governing food service establishments Chapter 511-5-14 or any future subsequent
				Chapters adopted thereafter.
(e)
				"County Board of Health" means the County Board of Health established pursuant
				to O.C.G.A. Section
				 31-3-1.
(f) "Critical item" means a provision of this
				Chapter as delineated on the inspection report that, if violated, is more
				likely than other violations to contribute to food contamination, insanitary
				conditions, illness or environmental health hazard and may create an imminent
				health hazard.
(g) "Department" or
				"DPH" means the Department of Public Health (DPH).
(h) "Dependent trailer" means a trailer or
				recreational vehicle (RV) which is dependent upon a service building housing
				shower/ toilet facilities.
(i)
				"Detached cabin" means, for the purpose of installing and operating a portable
				spa on the premises, a separate dwelling having no wall in common with another
				dwelling or building. The cabin as part of a tourist accommodation shall be
				rented as an entire unit, not by individual rooms.
(j) "Employee" means any person engaged in
				the operation of a tourist accommodation whether compensated or not.
(k) "Food" means a raw, cooked, or processed
				edible substance, ice, beverage, or ingredient used or intended in whole or in
				part for human consumption, or chewing gum.
(l) "Food-contact surface" means 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.
(m) "Food processing plant" means a
				commercial operation that manufactures, packages, labels, or stores food, and
				provides food for sale or distribution to other business entities such as food
				processing plants, retail food sales, or food service establishments.
(n) "Food service" means a facility that
				shall comply with provisions of O.C.G.A. Chapter 26-2 Art. 13 and the rules,
				regulations and standards adopted thereunder.
(o) "Health Authority" means the County Board
				of Health if functioning in the administration and enforcement of O.C.G.A.
				Chapter 31-28 and the rules, regulations and standards adopted thereunder by
				the Department and subject to supervision and direction by the Department; and
				if not so functioning, the Department.
(p) "Housekeeper's cart" means a cart which
				is used to transport cleaning materials, room supplies, clean and soiled linens
				and refuse.
(q) "Hydromassage
				bathtub" means a permanently installed bathtub fixture designed to be filled
				with each use and equipped with a recirculation piping system, a pump and
				associated controls. It is designed so it can accept, circulate and discharge
				water upon each use. It does not contain a disinfection or filtration system.
(r) "Imminent health hazard" means
				a product, practice, circumstance, event or condition that requires immediate
				correction or cessation of operation in order to prevent a significant threat
				of danger or death, injury or illness.
(s) "Independent trailer" means a trailer or
				recreational vehicle (RV) which has a holding tank for waste and/or can be
				connected directly to a sewer connection.
(t) "Law" means applicable local, state, and
				federal statutes, regulations, and ordinances.
(u) "Lodging" means a temporary sleeping
				accommodation, with or without independent kitchenettes, offered to tourists,
				travelers or guests travelling from one place to another, stopping overnight or
				otherwise in need of a temporary place to stay.
(v) "Non-ready-to-eat fruit" means whole
				uncut, raw fruit, such as oranges, grapefruit, and bananas in which the peel
				must be removed by the consumer before the meat of the fruit is
				consumed.
(w) "Non-permanent
				structure" means any structures such as buildings, tents, park trailers or
				cabins that can be removed from the premise of a tourist accommodation and they
				are not restrained from removal by foundation or utilities, without internal
				plumbing, dependent upon central shower/toilet buildings for tourist personal
				hygiene and sanitation purposes, and are maintained, offered, or used for
				dwelling or sleeping quarters.
(x)
				"Operator" means the person who has the duty and responsibility of overall
				management of the tourist accommodation which includes maintaining a sanitary
				facility, providing guest services and training employees, or his/her
				representative, or person in charge.
(y) "Packaged" means bottled, canned,
				cartoned, securely bagged or securely wrapped, as packaged in a food processing
				plant. It 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.
(z) "Park trailer" means a recreation vehicle
				primarily designed as temporary living quarters for recreation, camping or
				seasonal use, built on a single chassis, mounted on wheels, with a gross
				trailer area not exceeding 400 square feet in the set-up mode, and certified by
				the manufacturer as complying with ANSI A119.5.
(aa) "Permit" means the DPH document issued
				by the Health Authority that authorizes a person to operate a Tourist
				Accommodation and signifies satisfactory compliance with this
				Chapter.
(bb) "Person" means any
				individual, partnership, corporation, or association.
(cc) "Person in charge" means the individual
				present in a tourist accommodation establishment who is the owner, supervisor,
				manager or owner's designated representative of the tourist accommodation
				establishment present at the time of the inspection. The person shall be
				knowledgeable of the responsibilities in the chapter and have access to
				facilities on the premises.
(dd)
				"Portable spa unit" means a factory fabricated unit consisting of a water
				holding vessel with all water-circulating, filtration, heating and control
				equipment integral to the unit. Equipment can include pumps, air blowers,
				heaters, lights, controls and disinfection and filtration systems. These
				portable spas are intended for residential use.
(ee) "Potentially hazardous food
				(time/temperature control for safety food)" means a food that requires
				time/temperature control for safety to limit pathogenic microorganism growth or
				toxin formation. Refer to Rule .01 within the Department's rules and
				regulations governing food service establishments Chapter 511-5-14 or future
				subsequent Chapters adopted thereafter.
(ff) "Premises" means and includes all
				physical buildings, appurtenances, parking lots, drive ways and all property
				used by the tourist accommodation.
(gg) "Primitive campsite" means a site in an
				undeveloped section of private or public land with no developed facilities or
				amenities such as water, electricity or toilets/shower facilities, where
				campers are expected to leave little or no evidence of human
				visitation.
(hh) "Preparation of
				food" means to put together or make by combining ingredients and processing
				food for consumption by the consumer.
(ii) "Ready-to-eat food" means food that is
				in a form that is edible without additional preparation to achieve food safety.
				It includes the following:
1. All potentially
				hazardous food (time/temperature control for safety food) that is cooked to the
				temperature and time required for the specific food;
2. Raw fruits and vegetables that are
				washed;
3. Fruits and vegetables
				that are cooked for hot holding;
4.
				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 have been removed;
5. Substances derived from plants such as
				spices, seasonings, and sugar;
6. A
				bakery item such as bread, cakes, pies, fillings, or icing for which further
				cooking is not required for food safety;
7. 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
8. Foods manufactured
				as specified in  21 CFR Part 113, Thermally Processed Low-Acid Foods Packaged in
				Hermetically Sealed Containers.