Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
Except when otherwise defined in this rule, the definitions
				  provided in s. 1-201.10(B), Food Code, 2017
Recommendations of the
				  United States Public Health Service/Food and Drug Administration
;
				  shall apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C. In addition, the
				  following definitions apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C.
(1) Adulterated - As provided in Section
				500.10, F.S.
(2) Air curtain - A mechanical device which
				produces a controlled plane of moving air at a minimum velocity of 500 feet per
				minute across the opening protected and directed so as to prevent the entrance
				of flying insects and other airborne contaminants.
(3) Air gap - The unobstructed vertical
				distance, through the free atmosphere, between the lowest opening from any pipe
				or faucet supplying water to a tank, plumbing fixture, or other device and the
				flood-level rim of the receptacle, or the lowest opening from any waste outlet
				pipe and the flood-level rim of the receptacle. For a drainage system, the term
				also means an air break, which is the unobstructed horizontal distance through
				the free atmosphere, between the outer surfaces of any waste outlet pipe and
				the inner surfaces of the plumbing device into which it is
				discharging.
(4) Approved -
				Acceptable to the division following a determination as to conformance with
				appropriate sanitation and safety standards and good public health
				practice.
(5) Basic Item - An item
				defined in the Food Code as a Core Item.
(6) Bedding accommodations - This term
				includes a mattress, box spring, bed frame, pillows and bed linens. This term
				includes various sizes and types of conventional beds, sleeper type couches,
				rollaway or folding type beds, and baby cribs.
(7) Closed - Free of openings larger than
				1/32 of an inch.
(8) Commissary - A
				public food service establishment licensed by the division or a food
				establishment permitted by the Department of Agriculture and Consumer Services,
				which is utilized by a mobile food dispensing vehicle or temporary commercial
				kitchen for the purpose of providing all required support services, including
				potable water and wastewater disposal, that are not available on the mobile
				food dispensing vehicle or in the temporary commercial kitchen.
(9) Condiment - Any food such as ketchup,
				mayonnaise, mustard, relish, or any other seasoning that is used to enhance the
				flavor of other food.
(10) Director
				- The director of the Division of Hotels and Restaurants appointed pursuant to
				Section 20.165(3),
				F.S., or the director's designee, as the context permits.
(11) Fixed food establishment - A public food
				service establishment which operates at a specific location and is permanently
				connected to electrical, water, and sewage disposal systems.
(12) Food Code - This term as used in
				Chapters 61C-1, 61C-3 and 61C-4, F.A.C., means s. 1-201.10(B), sections
				2-101.11, 2-102.11, 2-102.20(A), 2-103.11, 2-2, 2-3, 2-4, 2-5, Chapter 3,
				Chapter 4, Chapter 5, Chapter 6, Chapter 7, and sections 8-103.10, 8-103.11,
				8-103.12, 8-201.13, 8-201.14, 8-304.11(C), 8-304.11(D), 8-404.11, and 8-404.12
				of the Food Code, 2017
Recommendations of the United States Public
				Health Service/Food and Drug Administration
including
Annex 3:
				Public Health Reasons/Administrative Guidelines; Annex 5: Conducting Risk-based
				Inspections
(
https://www.flrules.org/Gateway/reference.asp?No=Ref-11219
),
				herein adopted by reference. A copy of the Food Code, as adopted by the
				division, is available on the division's Internet website
www2.myfloridalicense.com/hotels-restaurants
.
				A copy of the entire Food Code is available on the U.S. Food and Drug
				Administration Internet website,
https://www.fda.gov
.
(13) Food establishment - As utilized in the
				Food Code, this term shall apply to public lodging establishments and food
				service establishments as defined in Chapter 509, F.S., according to the
				context of the applicable rule language.
(14) Garbage - Food waste generated on
				premises that is not disposed of through the sewage disposal system. The term
				also includes solid waste such as discarded containers or wrappers that are
				contaminated with food waste.
(15)
				High Priority Item - An item defined in the Food Code as a Priority
				Item.
(16) Hot water - Hot water
				means a water temperature of 100 degrees Fahrenheit or above.
(17) Intermediate Item - An item defined in
				the Food Code as a Priority Foundation Item.
(18) Manager - An individual who has direct
				authority, control or supervision over employees engaged in the storage,
				preparation, display and serving of food to the public.
(19) Misbranded - As provided in Section
				500.11, F.S.
(20) Owner - A person, firm or corporation
				who, or which, owns or controls the premises.
(21) Potable water - Water satisfactory for
				drinking, culinary, and domestic purposes meeting quality standards of Chapters
				62-550 and 62-555, F.A.C.
(22)
				Premises - The public food service or lodging establishment and the contiguous
				land or property under the control of the operator. The property may include
				all yards, alleys, driveways, sidewalks, and other exterior portions of the
				licensed premises.
(23) Railway -
				Either a railing or a guardrail system of building components located near the
				open sides of elevated walking surfaces.
(24) Remodel - To make any change to an
				existing public food service establishment which affects the sanitation or
				safety of the establishment.
(25)
				Self-sufficient mobile food dispensing vehicle - A public food service
				establishment classified as a mobile food dispensing vehicle that contains, as
				part of the vehicle, a three compartment sink for washing, rinsing, and
				sanitizing equipment and utensils; a separate handwash sink; adequate
				refrigeration and storage capacity; full provision of power utilities including
				electrical, LP gas, or a portable power generation unit; a potable water
				holding tank; and a liquid waste disposal system in accordance with Subparts
				5-3 and 5-4 of the Food Code.
(26)
				Self-sufficient temporary commercial kitchen - A public food service
				establishment classified as a temporary commercial kitchen that contains, as
				part of the portable structure, a three compartment sink for washing, rinsing,
				and sanitizing equipment and utensils; a separate handwash sink; adequate
				refrigeration and storage capacity; full provision of power utilities including
				electrical, LP gas, or a portable power generation unit; a potable water
				holding tank; and a liquid waste disposal system in accordance with Subparts
				5-3 and 5-4 of the Food Code.
(27)
				Sewage - Any liquid waste containing chemicals or animal, mineral, or vegetable
				matter, or liquid waste from sinks, bathroom facilities, grinders, garbage
				containers, dishwashing machines, floor drains, floor washing, or handwashing
				facilities.
(28) Stairway - One or
				more flights of stairs or steps, either interior or exterior, and the landings,
				platforms, or other supporting structures necessary to connect separate levels
				in order to form a continuous passage from one level to another in a building
				structure.
(29) Temporary food
				service event - Any event of 30 or fewer consecutive days in duration,
				advertised and recognized in the community, where food is prepared, served, or
				sold to the general public.
(30)
				Wholesome - Food which is in sound condition, clean, free from adulteration and
				otherwise suitable for human consumption.
Rulemaking Authority
					 509.032 FS. Law Implemented
					 509.032,
					 509.102
					 FS.
Amended 9-20-63, 3-21-64, 1-7-70, Revised 2-4-71, Amended
					 10-18-71, 11-17-73, 12-18-74, 12-5-82, Formerly 7C-1.01, Amended 9-10-89,
					 12-31-90, 2-27-92, 11-4-92, Formerly 7C-1.001, Amended 3-31-94, 10-9-95,
					 9-25-96, 1-1-98, 12-6-00, 2-27-05, 8-12-08, 6-26-12, 1-1-13, 3-6-16, 11-1-19,
					 10-18-23.