Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XXIII - Retail Food Establishments › Chapter 1 - Definitions › Section XXIII-101 - Definitions [formerly paragraph 23:001]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Terms not
				defined or referenced herein shall have the meanings as defined in LAC 51:I. In
				any instance where a term defined herein is also defined in one or more Parts
				of LAC 51:I, the definition contained in this Part shall govern this Part.
"
a
"-water activity.
Additive
-as defined in Federal Food, Drug
				  and Cosmetic Act 201(s), [21 U.S.C.
				  321(s)], any substance the
				  intended use of which results or may reasonably be expected to result, directly
				  or indirectly, in its becoming a component or otherwise affecting the
				  characteristics of any food (including any substance intended for use in
				  producing, manufacturing, packing, processing, preparing, treating, packaging,
				  transporting, or holding food; and including any source of radiation intended
				  for any such use), if such substance is not generally recognized, among experts
				  qualified by scientific training and experience to evaluate its safety, as
				  having been adequately shown through scientific procedures (or, in the case of
				  a substance used in food prior to January 1, 1958, through either scientific
				  procedures or experience based on common use in food) to be safe under the
				  conditions of its intended use; except that such term does not include:
a. a pesticide chemical residue in or on a
				raw agricultural commodity, processed food; or
b. a pesticide chemical; or
c. a color additive; or
d. any substance used in accordance with a
				sanction or approval granted prior to the enactment of this Paragraph pursuant
				to this Act, the Poultry Products Inspection Act (21
				U.S.C. 451 et seq
.
) or the
				Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended
				( 21 U.S.C. 71  et seq.); or
e. a new
				animal drug; or
f. an ingredient
				described in Paragraph (ff) of this Act in, or intended for use in, a dietary
				supplement;
g. and defined in
				21
				CFR 170.3(e)(1) -Food
				additives include all substances not exempted by Section 201(s) of this Act,
				the intended use of which results or may reasonably be expected to result,
				directly or indirectly, either in their becoming a component of food or
				otherwise affecting the characteristics of food. A material used in the
				production of containers and packages is subject to the definition if it may
				reasonably be expected to become a component, or to affect the characteristics,
				directly or indirectly, of food packed in the container. "Affecting the
				characteristics of food" does not include such physical effects, as protecting
				contents of packages, preserving shape, and preventing moisture loss. If there
				is no migration of a packaging component from the package to the food, it does
				not become a component of the food and thus is not a food additive. A substance
				that does not become a component of food, but that is used, for example, in
				preparing an ingredient of the food to give a different flavor, texture, or
				other characteristic in the food, may be a food additive.
Adulterated Food
-as defined in §607 of the
				  State Food, Drug, and Cosmetic Law (R.S.
				  40:601 et seq.), a food is considered
				  adulterated if it has been found to be such by any department of the United
				  States government, or:
a. if it
				contains any poisonous or deleterious substances, added or otherwise, which may
				render it dangerous to health, or any added poisonous or deleterious substance
				which is prohibited by
				R.S.
				40:611 or which is in excess of the limits of
				tolerance prescribed by regulations of the department;
b. if it consists in whole or in part of any
				filthy, putrid, or decomposed substance, or if it is otherwise unfit for
				food;
c. if it has been prepared,
				packed, or held under unsanitary conditions whereby it may have become
				contaminated with filth or whereby it may have been rendered injurious to
				health;
d. if it is the product of a
				diseased animal or of an animal which has died otherwise than by
				slaughter;
e. if its container is
				composed of any poisonous or deleterious substance which may render the
				contents injurious to health;
f. if
				any valuable constituent has been in whole or in part abstracted
				therefrom;
g. if any substance has
				been substituted wholly or in part therefore;
h. if damage or inferiority has been
				concealed in any manner;
i. any
				substance has been added thereto or mixed or packed therewith so as to increase
				its bulk or weight, reduce its quality or strength, or create a deceptive
				appearance;
j. if it contains a
				coal-tar color other than one from a batch that has been certified in
				accordance with regulations of the department;
k. if it is confectionery or ice cream and
				contains any alcohol, resinous glaze, or non-nutritive substance except
				harmless coloring, harmless flavoring, natural gum, and pectin. However, this
				Paragraph does not apply to any confectionery or ice cream by reason of its
				containing less that 1/2 of 1 percent by volume of alcohol, derived solely from
				the use of flavoring extracts, or to any chewing gum by reason of its
				containing harmless non-nutritive masticatory substance.
Approved Supplier
-a producer, manufacturer,
				  distributor or food establishment that is acceptable to the enforcement agency
				  based on a determination of conformity with applicable laws, or, in the absence
				  of applicable laws, with current public health principles and practices, and
				  generally recognized industry standards that protect public health.
Base of Operations/Commissary
-a catering
				  establishment, restaurant, or any other properly equipped place in which food,
				  containers, or supplies are kept, handled, prepared, packaged or stored.
Bed and Breakfast Establishment
-a privately
				  owned house where rooms are let and a breakfast is included in the rent. See
Food Establishment
.
Beverage
-a liquid for drinking, including
				  water.
Bulk Food
-processed or unprocessed food in
				  aggregate containers from which quantities desired by the consumer are
				  withdrawn.
CIP
-clean 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.
Certification Number
-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.
Comminuted
-reduced in size by methods
				  including chopping, flaking, grinding, or mincing and restructured or
				  reformulated.
Consumer
-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.
Convenience Store
-a retail food store which
				  is usually easily accessible and deals mostly with prepackaged food
				  products.
Corrosion-Resistant Material
-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 environment.
Critical Control Point
-as defined in the
				  1999 Food Code published by FDA, a point or procedure in a specific food system
				  where loss of control may result in an unacceptable health risk.
Critical Item
-a provision of this code
				  that, if in noncompliance, is more likely than other violations to contribute
				  to food contamination, illness, or environmental degradation, such as, but not
				  limited to a potentially hazardous food stored at improper temperature, poor
				  personal hygienic practices, not sanitizing equipment and utensils, no water,
				  contaminated water sources, sewage backup or improper sewage disposal, severe
				  insect or rodent infestation, failure to comply with any applicable requirement
				  of R.S. 40:5.5.4, and chemical contamination.
Deli/Delicatessen
-a food establishment
				  which generally serves ready to eat food products such as sandwiches, cold
				  cuts, cheeses, prepared salads and some prepared hot foods.
Drinking Water
-see
potable
				  water
.
Dry Storage Area
-a room or area designated
				  for the storage of packaged or containerized bulk food that is not potentially
				  hazardous and dry goods such as single-service items.
Easily Cleanable
-surfaces that are readily
				  accessible and made of such materials, finish and so fabricated that residue
				  may be effectively removed by normal cleaning methods.
Employee
-the permit holder, person in
				  charge, 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.
Equipment
-an article that is used in the
				  operation of a food establishment and retail food store/market such as, but not
				  limited to, a reach-in or walk-in refrigerator or freezer, grinder, ice maker,
				  meat block, mixer, oven, scale, sink, slicer, stove, table, thermometers,
				  vending machine, or warewashing machine.
Fairs and Festivals
-a gathering of persons
				  for an event such as a bazaar, carnival, circus, public exhibition or other
				  similar gathering for the purpose of celebration, competition, entertainment,
				  distribution or sale of foods or goods, exhibition, religious activity, or
				  other such purposes, which will operate for only a temporary period in any one
				  location.
Food
-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 Contact Surfaces
-a surface of
				  equipment or a utensil with which food normally comes in contact with, 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.
Food Establishment
-an operation that
				  stores, prepares, packages, serves, vends or otherwise provides food for human
				  consumption. The term includes restaurants, cafeterias, caterers,
				  delicatessens, bars, lounges, or any other facility that prepares food for
				  individual service or for a group of people, whether consumption is on or off
				  the premises and regardless if there is a charge for the food. The term does
				  not include:
a. private homes where
				food is prepared or served for individual family consumption and a kitchen in a
				private home if only food that is not potentially hazardous is prepared for
				sale or service at a function such as a religious or charitable organization's
				bake sale if allowed by "law" and if the consumer is informed by a clearly
				visible placard at the sales or service location that the food is prepared in a
				kitchen that is not subject to regulation and inspection by the regulatory
				authority;
b. a kitchen in a private
				home, such as a bed-and-breakfast operation that prepares and offers food to
				guests if the home is owner occupied, the number of available guest bedrooms
				does not exceed six, breakfast is the only meal offered, the number of guests
				served does not exceed 18, and the consumer is informed by statements contained
				in published advertisements, mailed brochures, and placards posted at the
				registration area that the food is prepared in a kitchen that is not regulated
				and inspected by the Office of Public Health.
Food Vendor/Food Concessionaire
-any person
				  who handles food or drink during preparation or serving, or who comes in
				  contact with any eating or drinking utensils, or who is employed at any time in
				  a room in which food or drink is prepared or served in a temporary food
				  service.
Foodborne Disease Outbreak
-the occurrence
				  of two or more cases of a similar illness resulting from the ingestion of a
				  common food.
Game Animals
-an animal, the products of
				  which are food, that is not classified by law as cattle, sheep, swine, goat,
				  poultry, fish, and game birds or small animals as described in Part X of the
				  Louisiana state sanitary code.
Garbage
-the putrescible components of
				  refuse which are subject to spoilage, rot, or decomposition. It includes wastes
				  from the preparation and consumption of food, vegetable matter, and animal
				  offal and carcasses.
HACCP
-Hazard Analysis Critical Control
				  Point.
HACCP Plan
-a written document that
				  delineates the formal procedures for following the Hazard Analysis Critical
				  Control Point principles developed by The National Advisory Committee of
				  Microbiological Criteria for Foods.
Hermetically Sealed Container
-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
-a group of
				  persons who are more likely than other populations to experience foodborne
				  disease because they are immunocompromised, or for the purposes of this Part,
				  older adults in a facility that provides health care or assisted living
				  services, such as a hospital or nursing home; or preschool age children in a
				  facility that provides custodial care, such as a day care center.
Hot Holding Temperature
-food stored for hot
				  holding and service shall be held at a temperature of 140°F (60°C) or higher
				  with the exception of roast beef. If roast beef is cooked in accordance with
				  §1305. A.6 the minimum hot holding temperature shall be 130°F (54°C).
Individual Food Operator/Responsible
				  Person
-the person responsible for operating the individual temporary
				  food service.
Injected
-manipulating a meat through
				  tenderizing with deep penetration or injecting the meat such as with juices
				  which may be referred to as "injecting," "pinning," or "stitch pumping."
Itinerant Food Establishment
-any fixed or
				  mobile food establishment which operates on a temporary or seasonal
				  basis.
Itinerant Retail Food Store/Market
-any
				  fixed or mobile retail food store/market which operates on a temporary or
				  seasonal basis.
Kiosk
-a small structure used as a food
				  and/or beverage booth.
Kitchenware
-food preparation and storage
				  utensils.
Label
-the principal display or displays of
				  written, printed, or graphic matter upon any food or the immediate container
				  thereof, or upon the outside container or wrapper, if any, of the retail
				  package of any food.
Labeling
-includes all labels and other
				  written, printed and graphic matter, in any form whatsoever, accompanying any
				  food.
Linens
-fabric items such as cloth hampers,
				  cloth napkins, table cloths, wiping cloths, and work garments including cloth
				  gloves.
Market
-a retail food store or food market
				  which stores, prepares, packages, serves, vends or otherwise provides food
				  products such as beverages, eggs, meat, milk, produce, seafood or other similar
				  products.
Microorganisms
-yeasts, molds, fungi,
				  bacteria, parasites and viruses including, but not limited to, species having
				  public health significance. The term "undesirable microorganisms" includes
				  those microorganisms that are of public health significance, that subject food
				  to decomposition, that indicate that food is contaminated with filth, or that
				  otherwise may cause food to be adulterated within the meaning of the Food, Drug
				  and Cosmetic Laws and Regulations.
Mobile Food Establishment
-a vehicle-mounted
				  food establishment designed to be readily movable.
Mobile Retail Food Store/Market
-a
				  vehicle-mounted retail food store/market designed to be readily movable.
Multi-Service Articles
-reusable articles
				  for the service of foods made of smooth, impervious material and approved by
				  the state health officer.
Noncritical Item
-all provisions in this
				  Part that are not classified as critical items.
Offal
-waste parts, especially of a
				  butchered animal, including but not limited to bones, cartilage, fatty tissue
				  and gristle.
Open Air Market
-a site that deals in
				  produce that is normally peeled or washed prior to consumption.
Organizer/Promoter/Chairman
-that person
				  responsible for managing a festival or fair. In the event of his/her
				  unavailability, the assistant shall be deemed the responsible person.
"
pH
"-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 alkalinity. The value for pure distilled water is 7, which is
				  considered neutral.
PPM
-parts per million, (mg/l) which is the
				  metric equivalent.
Packaged
-bottled, canned, cartoned,
				  securely bagged, or securely wrapped.
Permit
-the document issued by the
				  "department" that authorizes a person to operate a food establishment or retail
				  food store/market.
Permit Holder
-the entity that:
a. is legally responsible for the operation
				of the establishment such as the owner, the owner's agent, or other person;
				and
b. possesses a valid permit to
				operate an establishment.
Person
-an association, a corporation,
				  individual, partnership, other legal entity, governmental subdivision or
				  agency.
Person in Charge
-the individual present at a
				  food establishment or retail food store/market who is responsible for the
				  operation at the time of inspection. Personal
Care Items
-
a. 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;
b. includes items such as medicines; first
				aid supplies; and other items such as cosmetics, and toiletries such as
				toothpaste and mouthwash.
Pest
-refers to any objectionable animal or
				  insect including, but not limited to, birds, roaches, rodents, flies, and
				  larvae.
Poisonous or Toxic Materials
-substances that
				  are not intended for ingestion including, but not limited to:
a. cleaners and "sanitizers" which include
				cleaning and "sanitizing" agents and agents such as caustics, acids, drying
				agents, polishes, and other chemicals;
b. pesticides, except "sanitizers," which
				include substances such as insecticides, rodenticides, herbicides;
c. 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.
Potable Water
-water having bacteriological,
				  physical, radiological and chemical qualities that make it safe and suitable
				  for use by people for drinking, cooking or washing.
Potentially Hazardous Food
-
a. food that is natural or synthetic and is
				in a form capable of supporting:
i. the rapid
				and progressive multiplication of infectious or toxigenic
				microorganisms;
ii. the
				multiplication and toxin production of
Clostridium botulinum
;
				or
iii. in shell eggs, the
				multiplication of
Salmonella enteritidis
.
b. potentially hazardous food includes an
				animal food (a food of animal origin) that is raw or heat-treated; a food of
				plant origin that is heat-treated or consists of raw seed sprouts; cut melons;
				and garlic and oil mixtures;
c.
				potentially hazardous food does not include:
i. an air-cooled hard-boiled-egg with shell
				intact, or a shell egg that is not hard-boiled, but has been treated to destroy
				all viable
Salmonellae
;
ii. a food with a water activity
				(aw) value of 0.85 or less;
iii. a food with a hydrogen ion concentration
				(pH) level of 4.6 or below when measured at 75°F (24°C);
iv. a food, in an unopened hermetically
				sealed container, that is commercially processed to achieve and maintain
				commercial sterility under conditions of nonrefrigerated storage and
				distribution; or
v. a food for which
				a variance granted by the regulatory authority is based upon laboratory
				evidence demonstrating that rapid and progressive multiplication of infectious
				and toxigenic microorganisms or the slower multiplication of
C.
				botulinum
cannot occur.
Premises
-
a. the physical facility, its contents, and
				the contiguous land or property under the control of the permit holder;
				or
b. the physical facility, its
				contents, and the land or property not described under Subparagraph a of this
				definition if its facilities and contents are under the control of the permit
				holder and may impact establishment personnel, facilities, or operations, and
				an establishment is only one component of a larger operation such as a health
				care facility, hotel, motel, school, recreational camp, or prison.
Pushcart
-a mobile food establishment or
				  retail food store/market propelled by a person.
Ready-to-Eat-Food
-food that is in a form
				  that is edible without washing, cooking, or additional preparation by the food
				  establishment or the consumer and that is reasonably expected to be consumed in
				  that form.
Recognized Louisiana Festival or Fair
-those
				  fairs or festivals that are officially acknowledged, in writing, as recognized
				  by a state, parish, or municipal governmental body or by the Louisiana
				  Association of Fairs and Festivals.
Reconstituted
-dehydrated food products
				  recombined with water or other liquids.
Reduced Oxygen Packaging
-the reduction of
				  the amount of oxygen in a package by mechanically evacuating the oxygen;
				  displacing the oxygen with another gas or combination of gases; or otherwise
				  controlling the oxygen content in a package to a level below that normally
				  found in the surrounding atmosphere, which is 21 percent oxygen. This may
				  include methods referred to as altered atmosphere, modified atmosphere,
				  controlled atmosphere, low oxygen, and vacuum packaging including sous
				  vide.
Refuse
-any garbage, rubbish, sludge from a
				  food establishment, retail food store/market, waste treatment plant, water
				  supply treatment plant, or air pollution control facility. It also includes
				  other discarded material such as solid, liquid, semi-solid, or contained
				  gaseous material resulting from either industrial, commercial, mining, or
				  agricultural operations, or from community activities. It does not include
				  solid or dissolved material in domestic sewage, irrigation return flow,
				  industrial discharges which are point sources, or radioactive wastes.
Regulatory Authority
-the local, state or
				  federal enforcement body or authorized representative having jurisdiction over
				  the food establishment or retail food store/market.
Retail Food Manufacturer
-an establishment
				  in which food is manufactured or packaged for human consumption and is sold
				  only at the site of manufacture, such as but not limited to bakery products and
				  candy.
Retail Food Store/Market
-all types of food
				  markets including convenience, fixed, mobile and temporary food stores. These
				  may also be referred to as groceries. Larger retail food stores may also
				  include bakeries and delicatessens.
Rubbish
-all non-putrescible waste matter,
				  except ashes, from any public or private establishments, institution, or
				  residence. It also includes construction and demolition wastes.
Safe Material
-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.
Sanitization
-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 percent reduction of representative disease microorganisms of public
				  health importance.
Seafood
-includes but is not limited to
				  fish, shellfish, edible crustaceans, marine and freshwater animal food
				  products.
Sealed
-free of cracks or other openings
				  that allow the entry or passage of moisture.
Seasonal
-a recurrent period that is
				  characterized by certain seasons of the year, occupations, festivities, or
				  crops; any period of time that is legally available to the hunter, fisherman,
				  or trapper. These seasons are legally set by government regulatory agencies
				  such as the Department of Wildlife and Fisheries, Department of Agriculture or
				  other such agencies.
Single-Service Articles
-tableware,
				  carry-out utensils, and other items such as bags, containers, cups, lids,
				  closures, plates, knives, forks, spoons, paddles, napkins, placemats, stirrers,
				  straws, toothpicks, and wrappers that are designed and constructed for one
				  time, one person use and then discarded.
Single-Use Articles
-utensils and bulk food
				  containers designed and constructed to be used once and discarded. 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, and number 10 cans.
Slacking
-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 spinach.
Smoked Food
-food which has been colored or
				  flavored by natural or liquid smoke.
Substantial Renovation
-
a. alterations or repairs made within a
				12-month period, costing in excess of 50 percent of the then physical value of
				the existing building; or
b.
				alterations or repairs made within a 12-month period, costing in excess of
				$15,000; or
c. alterations or
				repairs made within a 12-month period, involving a change in "occupancy
				classification" or use of the property;
d. the physical value of the building in
				Subparagraph a of this Paragraph may be established by an appraisal not more
				than three years old, provided that said appraisal was performed by a certified
				appraiser or by the tax assessor in the parish where the building is
				located;
e. the cost of alterations
				or repairs in Subparagraphs a or b of this Paragraph may be established by:
i. an estimate signed by a licensed architect
				or a licensed general contractor; or
ii. by copies of receipts for the actual
				costs.