Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 201 - HEALTH INSPECTION PROGRAM ADMINISTRATION RULE › Section 144-201-1 - PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Purpose.
This rule contains the requirements for eating
				establishments, lodging places, campgrounds, sporting/recreational camps, youth
				camps, public pools and public spas licensed or regulated in the State of Maine
				by the Department of Health and Human Services Health Inspection Program. This
				rule defines terms, describes the application and inspection process, provides
				specific standards for licensure, as well as compliance, enforcement and appeal
				protocols (including a penalty schedule), when eating establishments, lodging
				places, campgrounds, sporting/recreational camps, youth camps, public pools and
				public spas fail to meet the requirements within this rule.
This rule provides additional processes and requirements to
				  the following rules:
Maine Food Code
(10-144 CMR Ch. 200),
Rules Relating to Campgrounds
(10-144 CMR Ch. 205),
Rules Relating to Lodging Establishments
(10-144 CMR Ch. 206),
Youth Camps Rule
(10-144 CMR Ch. 208), and
Rules
				  Relating to Public Pools and Spas
(10-144 CMR Ch. 202).
B.
Definitions.
The
				following definitions are intended to provide meanings for the terms used in
				this rule for the Department's regulation and licensure of eating
				establishments, lodging places, campgrounds, sporting/recreational camps, youth
				camps, public pools and public spas.
1.
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.
				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. Accredited program does not refer to training functions or
				educational programs. A list of Department-approved certification programs can
				be found here:
https://www.maine.gov/dhhs/mecdc/environmental-health/el/training.htm#foodSafety
2.
Active managerial control
means a food safety management system where managers develop and implement food
				safety protocols to prevent, eliminate or reduce the occurrence of foodborne
				illness.
3.
Approved
means acceptable to the Department, based on its determination as to
				conformance with appropriate standards and good public health
				practice.
4.
Bed and
				breakfast
means a unique eating establishment, where the general public
				can stay overnight and be provided with a "limited menu," serving only a
				breakfast meal. This meal can be either a full or continental breakfast. Unlike
				other eating establishments, the meal is prepared in the private home.
				Notwithstanding  22 MRS §2501, all bed and breakfasts, regardless of the
				number of rooms rented, are subject to Departmental licensing requirements by
				this rule. The breakfast meal is served by the owner or the owner's designee,
				in the morning and included in the cost of the overnight guests' stay. This
				definition contains further clarification of the
Maine Food
				Code
(10-144 CMR Ch. 200, §1-201.10(B)(7)) and the
Rules
				Relating to Lodging Establishments
(10-144 CMR Ch. 206,
				§1-B(18)(a)), for the purposes of this rule.
5.
Body practitioner
means a
				person who operates as a tattoo artist, body piercer, micropigmentation
				practitioner, and/or an electrologist.
6.
Body Practitioner Studio
means a permanent facility physically separated from any home or dwelling,
				where tattooing, micropigmentation, body piercing, or electrology is performed.
				For the purposes of this rule, "Body Practitioner Studio" has the same meaning
				as Tattoo Practitioner Operating Location in the Department's rules relating to
				tattooing at 10-144 CMR Ch. 210.
7.
Business Enterprise Program
is a program within the Maine
				Department of Labor that seeks to broaden economic opportunities for blind
				residents of Maine, by creating snack bars, cafeterias, and vending machine
				facilities located upon State, federal, and municipal properties.
8.
Campground
means premises
				where tents or recreational vehicles are allowed, and/or campground rental
				units are permitted on 5 or more sites for compensation or indirect
				compensation, where individual guest occupancy does not exceed 183 days.
				Campground does not include parking lots or areas where camping is not
				authorized.
9.
Campground
				Rental Unit
means any hard and/or soft sided tent constructed on a
				platform or foundation, cottage/cabin, recreational vehicle, etc. or any part
				thereof used, maintained, advertised or held out to the public as a place where
				sleeping accommodations are furnished to the public by the proprietor of the
				campground. A campground rental unit is a single structure rented or let to the
				public on a daily, weekly, monthly or seasonal basis where individual guest
				occupancy does not exceed 183 days.
10.
Catering
means preparing
				food in bulk, in a commercial kitchen, for transport to and service at a
				pre-arranged event, and requires a license. Catering does not include persons
				hired as personal chefs to prepare at-home meals in private households.
				Personal chefs are not licensed by the Department.
11.
Certified food protection
				manager
means a person who is employed or engaged by the management of
				an eating establishment, who has the authority to implement food protection
				measures at that establishment, and who meets the certification requirements of
				Section 2(A) of this rule.
12.
Certified pool operator certificate
means evidence that a person
				meets the standards required for a certified pool operator in the
Rules
				Relating to Public Pools
(10-144 CMR Ch. 202).
13.
Commercial kitchen
means a
				kitchen used to prepare food for public consumption that meets all requirements
				of the
Maine Food Code
(10-144 CMR Ch. 200). A commercial
				kitchen is not a private home kitchen.
14.
Commercial lot
means any
				property concerned with, or engaged in, the interchange of goods and services
				for money or in-kind. Commercial lot is referenced in the campground
				presumption provision in  22 MRS §2492.
15.
Commissary
means a kitchen
				that receives, stores, and prepares food for delivery to other meal sites or
				vending locations. Examples of commissaries include, but are not limited to,
				vending company production kitchens that prepare food for use in vending
				machines; senior citizen meals production kitchens that deliver either frozen
				or ready-to-eat meals; kitchens that prepare food for small boat day trips;
				kitchens located at an event hall or convention hall used by multiple caterers
				as part of specific events, or a commercial kitchen used by multiple food
				vendors.
16.
Commissioner
means the Commissioner of the State of Maine
				Department of Health and Human Services, as defined at 22 MRS § 1-A
				(1).
17.
Community
				event
means an event that is of a civic, political, public or
				educational nature, including State and county fairs, city or town festivals,
				circuses and other public gatherings.
18.
Complete license application
means an application for any license issued in Section 4(B) of this rule that
				includes all establishment information required for the Department to review
				and determine if issuance of a license is appropriate.
19.
Compressed air license
means
				a license required for a supplier either to fill or to supply any breathing
				apparatus with life-supporting gases.
20.
Continental breakfast
means
				a breakfast consisting of non-potentially hazardous baked goods, whole fruit or
				fruit sliced for same-day service, cereal, milk, juice, portion-controlled
				butter, portion-controlled cream cheese, portion-controlled peanut butter and
				portion-controlled jam or jelly. For the purpose of this rule,
				portion-controlled means commercially pre-packaged individual items or foods
				portioned from bulk containers and presented in individual units to the
				consumer. Continental breakfast does not include heating/cooking and serving,
				or heating/cooking and hot-holding for service, eggs (or egg products), meats,
				or other potentially hazardous food items.
21.
Corrosion-resistant
				materials
means those materials that maintain their original surface
				characteristics under prolonged influence of the food to be contacted, the
				normal use of cleaning compounds and bactericidal solutions, and other normal
				uses.
22.
Cottage/cabin
means a single structure rented or let to the public
				on a daily, weekly, monthly or seasonal basis. Cottages/cabins are intended for
				temporary occupancy for recreational purposes and not for permanent
				residency.
23.
Critical
				violation
means any violation deemed or marked as a critical violation
				within the
Maine Food Code
(10-144 CMR Ch. 2 00), the
Rules Relating to Lodging Establishments
(10-144 CMR Ch. 206),
Youth Camp Rule
(10-144 CMR Ch. 208), and the
Rules
				Relating to Public Pools and Spas
(10-144 CMR Ch. 202), and the
Rules Relating to Campgrounds
(10-144 CMR Ch. 205).
24.
Day
means the period of time
				from 12:00 a.m. to 11:59 p.m. on any given calendar date, including a portion
				of this period.
25.
Delegated
				municipality
means a municipality in Maine that has applied to, and
				received authorization from, the Department to conduct inspections pursuant to
			 	22 MRS § 2499.
26.
Department
means the Department of Health and Human Services,
				Maine Center for Disease Control and Prevention.
27.
Designated camping area
means an area where camping occurs, and may include, but is not limited to,
				fire rings, picnic tables, trash receptacles, water spigots, electrical
				hookups, signage, sites, or other improvements.
28.
Dormitory
means a room or a
				building used for living and sleeping by unrelated persons.
29.
Easily cleanable
means that
				surfaces are readily accessible and made of such materials and finish, and so
				fabricated, that residue may be effectively removed by normal cleaning
				methods.
30.
Eating
				establishment or eating place
means any place where food or drink is
				prepared ready to eat and served or served to the public for consumption on the
				premises or prepared and served or served ready to eat to the public for
				consumption off-premises.
a. Eating
				establishment includes places in the entertainment, hospitality, recreation,
				restaurant and tourism industries; catering establishments; correctional
				facilities; hospital cafeterias, mobile eating places; public and private
				schools; retail frozen dairy product establishments; and workplace eating
				establishments and places where food is prepared for vending machines
				dispensing food other than in original sealed packages.
b. Eating establishment does not include the
				following:
i. A place preparing and serving
				food that is licensed pursuant to State law by a State agency other than the
				Department as long as the licensing of the place includes regular food safety
				inspections;
ii. A place serving
				food only to residents, such as a boarding home, a retirement home or an
				independent living place;
iii. A
				farm stand that offers only whole, uncut fresh fruits and vegetables;
				or
iv. Personal chefs.
This definition is based on a new statutory definition at  22
				  MRS §2491(7), effective August 1, 2018. This statutory change supersedes
				  the definition in the
Maine Food Code
for the purpose of
				  Department-licensed establishments.
31.
Eating Place - Limited Menu
means an establishment which contains only a bar where food is served but has
				no kitchen. This type of establishment may contain fewer sinks than are
				required by the
Maine Food Code
and serves only pre-packaged
				foods or prepackaged, pre-cooked food to be heated prior to service. This type
				of establishment license does not permit catering operations.
32.
Eating Place - Mobile
means
				a mobile vehicle designed and constructed to transport, prepare, sell or serve
				food at a number of sites and is capable of being moved from its serving site
				at any time. This type of establishment is a self-contained food service
				operation, located in a vehicle or a movable stand on wheels, used to store,
				prepare, display or serve food intended for individual portion
				service.
33.
Eating Place-
				Mobile Base Kitchen
-means a commercial kitchen licensed by the owner of
				an eating place-mobile or eating place-mobile stickbuilt (i.e., mobile units)
				for food preparation, storage and/or ware-washing that cannot be conducted
				within the mobile unit due to insufficient equipment and/or space.
34.
Eating Place - Mobile Stick
				Built
means food service equipment that may be assembled and
				disassembled for storage or transportation and may only operate at a fixed
				location for the duration of an approved community event.
35.
Eating Place - School
means
				a school kitchen for which the primary function is to provide meals to students
				in kindergarten through grade 12. Nursery schools, Headstart programs,
				pre-schools and before and after care are not included in this definition and
				do not require a license.
36.
Eating Place - School Catering
means any kitchen where food is
				prepared for delivery to a kindergarten through grade 12 school. Eating Place -
				School Catering kitchens are often located on the premises of a school where
				food is prepared for its own population as well as for delivery to other
				schools. This license type also includes kitchens that are used for this
				purpose but are not located within a school.
37.
Eating Place - School
				Satellite
means a school that receives food items that were prepared at
				a separate location for final assembly, rethermalization (reheating) and
				service at the school satellite location.
38.
Eating Place - Takeout
means
				an eating place that prepares ready-to-eat food meant to be carried out for
				consumption off-site.
39.
Eating Place - Temporary
means an eating place or establishment
				that operates at a fixed location, for a period not exceeding 14 consecutive
				days, in conjunction with a single community event.
40.
Employee
means the permit
				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 an
				eating establishment. This definition contains further clarification of the
Maine Food Code
(10-144 CMR Ch. 200, §1-201.10(B)(36))
				for the purposes of this rule.
41.
Employer
means the license holder or individual(s) having
				supervisory or management duties.
42.
Equipment
means stoves,
				ovens, ranges, hoods, slicers, meat blocks, tables, counters, mixers,
				refrigerators, sinks, dishwashing machines, steam tables, and similar items,
				other than utensils, used in the operation of an establishment licensed by the
				Department under this rule.
43.
Event/Temporary camping
means overnight use of designated camping
				areas associated with a single event lasting 11 or fewer consecutive nights, or
				recurring events lasting four or fewer consecutive nights for 50 or fewer
				nights in a calendar year. Event camping may include, but is not limited to,
				race tracks, non-agricultural fairs, festivals, and shows where camping is
				incidental to the event occurring, and meets the event camping criteria in
				Section 4 of this rule.
44.
Food
means any raw, cooked or processed edible substance, ice,
				beverage, alcoholic beverage or ingredient used, or intended for use, or for
				sale, in whole, or in part, for human consumption. This definition contains
				further clarification of the
Maine Food Code
at 10-144 CMR Ch.
				200, § 1-201.10(B)(43) for the purposes of this rule.
45.
Foodborne outbreak
means the
				occurrence of two or more cases of a similar illness resulting from the
				ingestion of a common food and epidemiological and/or laboratory investigations
				implicate the food as the source of the illness. This definition contains
				further clarification of the
Maine Food Code
at 10-144 CMR Ch.
				200, § 1-201.10 (B)(44) for the purposes of this rule.
46.
Food contact surface
means
				those surfaces of equipment and utensils with which food normally comes in
				contact, and those surfaces from which food may drain, drip, or splash back
				onto surfaces normally in contact with food. This definition contains further
				clarification of the
Maine Food Code
at 10-144 CMR Ch. 200,
				§ 1-201.10(B)(45) for the purposes of this rule.
47.
Food safety consultant
means
				an independent professional business advisor who specializes in food safety, in
				accordance with a defined scope of work for a related fee. The food safety
				consultant works as an advocate for the clients in achieving their goals
				through the design and implementation of foodservice facilities, operations and
				active managerial control.
48.
Guest body practitioner
means an out-of-state tattoo artist, body
				piercer, micropigmentation practitioner or electrologist who practices body art
				at a body practitioner studio licensed by the Department in the State of Maine
				for a period not to exceed 14 days. Guest body practitioners must comply with
				relevant health and safety standards contained in
Rules Relating to
				Body Piercing
,
Rules Relating to Tattooing
,
Rules Relating to Micropigmentation
and/or the
Rules
				for the Practice of Electrology
(10-144 CMR Chs 209 -212).
49.
Hazard analysis critical control
				point (HACCP)
means a systematic evaluation of food preparation
				procedures to identify opportunities for bacterial contamination and growth.
				From this perspective, a public health inspector may then determine those
				circumstances which could result in the development of food-borne diseases.
				This definition contains further clarification of the
Maine Food
				Code
at 10-144 CMR Ch. 200, § 1-201.10(B)(53) for the purposes of
				this rule.
50.
HACCP
				plan
means a written document that describes the procedures required by
				HACCP principles developed by The National Advisory Committee on
				Microbiological Criteria for Foods. This definition contains further
				clarification of the
Maine Food Code
at 10-144 CMR Ch. 200,
				§ 1-201.10(B)(54) for the purposes of this rule.
51.
Health inspector
means a
				person employed by or contracted with the Department or delegated municipality
				to engage in the promotion and protection of public health and safety. This
				definition contains further clarification of the
Maine Food
				Code
at 10-144 CMR Ch. 200, § 1-201.10(B)(57) for the purposes of
				this rule.
52.
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.
53.
Home
				kitchen
means a kitchen intended for use by the residents of a dwelling
				or for food preparation for the dwelling owner's own overnight guests and may
				include a kitchen in a bed and breakfast which is licensed to serve the
				breakfast meal to its own overnight guests.
54.
Imminent health hazards
mean
				significant threats or dangers to health that are considered to exist when any
				product, practice, circumstance or event creates a situation that requires
				immediate correction or cessation of operation to prevent injury based on:
(a) the number of potential injuries and (b)
				the nature, severity and duration of the anticipated injury. Imminent health
				hazards may include, but are not limited to, the following:
a. An extended loss of water
				supply;
b. An extended power
				outage;
c. Flood water or sewer
				back-up into the establishment;
d.
				Fire;
e. Failure to adhere to
				public health measures imposed during an extreme public health emergency
				pursuant to  22 MRS §802(2-A) and 37-B MRS Ch. 13, subchapter
				II;
f. Pest infestation;
				or
g. Any other violation(s) or
				conditions that pose an imminent threat to public health. Failure to include
				other violations in this definition shall not be construed as a determination
				that other violations may not, in light of existing circumstances, be found to
				pose an imminent health hazard. This definition contains further clarification
				of the
Maine Food Code
(10-144 CMR Ch. 200, § 1-201.10
				(B)(61)) for the purposes of this rule.
55.
Indirect compensation
means
				a consumer or patron's nonmonetary consideration to an entity subject to
				licensure in this rule for goods or services.
56.
Infestation
means the
				presence or visible evidence of rodents, cockroaches or other insects that may
				include but is not limited to:
Bedbugs
1 or more casings, dead or live bedbugs, blood
								spots in conjunction with bedbugs and casings.
Ants
Observation of live ants, pathways,
								nest.
Mice/Rats
Live or dead mice or rats, feces, damage, tracks,
								nesting, odor or other evidence in the food preparation, dining or
								food/equipment storage areas (if minor amounts of feces are seen, but no live
								or dead rodents, and no activity is noted in the kitchen, food/equipment or
								storage areas, and the establishment can safely prepare and serve food, no IHH
								would be issued: Inspector judgment call.)
Flies
Observation of live flies, dark clusters of spots,
								maggots.
Cockroaches
1 or more, dead or live.
57.
Inspection
means an on-site regulatory review of an establishment
				licensed by the Department's Health Inspection Program and conducted by a
				health inspector. The types of inspections include the following categories:
a. Pre-operational (an inspection prior to
				operation to meet with the owner/designee and check on equipment, facilities
				and fulfill other requirements);
b.
				New establishment (new construction; extensive renovation; or the establishment
				was not previously licensed by the Department);
c. Regular (a routine inspection for
				compliance as part of licensure, referred to in  22 MRS §2494);
d. Change of ownership;
e. Follow-up (when a previous inspection
				requires an additional Department inspection);
f. Special investigation (an inspection for
				reports of a fire, an Imminent Health Hazard, flood, power outage, loss of
				water, boil water orders, or investigation of an inquiry or referral from
				another agency); and
g.
				Complaint.
58.
Law
includes federal, State, and local statutes, ordinances, and
				rules.
59.
Letter of
				enforcement or Notice of Noncompliance
means a Department document that
				notifies a licensee, applicant or unlicensed entity requiring licensure of a
				licensing requirement or violation(s), outlines the actions to resolve any
				outstanding violations or requirements, and sets a deadline for the requirement
				of the correction of the violation(s).
60.
Lodging place
means a fixed
				structure or any part of a structure, used, maintained or advertised as a place
				where sleeping accommodations are furnished to offer stays temporary in nature
				that consist of fewer than 183 days in aggregate per year. A year is
				interpreted by the Department to mean any period of 365 consecutive days,
				rather than a calendar year, for the purposes of this rule. Lodging place
				includes accommodations in the entertainment, hospitality, recreation and
				tourism industries, including but not limited to hotels, motels, bed and
				breakfasts, inns and properties under common management at the same location
				where four or more rooms, cottages, or condominium units are available. Lodging
				place does not include: vacation rentals; youth camps; dormitories of
				charitable, educational, philanthropic institutions; fraternity and sorority
				houses affiliated with educational institutions; permanent residences; rental
				properties with a tenant landlord relationship as defined in 14 MRS Ch.
				709-710D; nursing facilities as defined in  22 MRS §1812-A, assisted
				living programs as defined in  22 MRS §7852(4); or residential care
				facilities as defined in  22 MRS §7852(14). This definition contains
				further clarification of the
Rules Relating to Lodging
				Establishments
(10-144 CMR Ch. 206, § 1-B(18)) for the purposes
				of this rule.
61.
Manager
means any person, 18 years or older, who operates or is
				responsible for operating an establishment.
62.
Mass gathering
means any
				gathering held outdoors at temporary facilities, with the intent to attract the
				continued attendance of at least 2,000 persons for 12 or more hours.
63.
Packaged
means bottled,
				canned, cartoned, or securely wrapped. Packaged 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. This definition contains further clarification of the
Maine Food Code
(10144 CMR Ch. 200 § 1-201.10(B)(73)) for
				the purposes of this rule.
64.
Parking lot
means an area or space that provides no water, no
				sanitary facilities, contains no fire rings, no campsites, and camping is not
				authorized or endorsed.
65.
Permanent residence
means the primary location where a person
				lives 183 days or more in a year in the aggregate. A year is interpreted by the
				Department to mean any period of 365 consecutive days, rather than a calendar
				year, for the purposes of this rule.
66.
Person
means an association,
				a corporation, individual, partnership, other legal entity, government, or
				governmental subdivision or agency.
67.
Person in charge
means the
				individual present in an eating establishment at the time of inspection who has
				the authority to make operational decisions. There must be a person in charge
				present at the establishment during all hours of operation who is able to
				demonstrate knowledge of the
Maine Food Code
and perform
				specific duties specified by the
Maine Food Code
(10-144 CMR
				Ch. 200, § 2). This definition contains further clarification of the
Maine Food Code
(§ 1-201.10(B)(77)) for the purposes of
				this rule.
68.
Personal
				chef
means an individual hired to prepare at-home meals in a private
				household to serve the residents of their household and their personal guests.
				Meals are contracted in bulk by a resident of the home and are prepared and
				served on the premises of the residence.
69.
Plan Review
means a review
				conducted by the Department to assess the menu, equipment list and layout of an
				eating establishment to ensure compliance with the Maine Food Code and enable
				the inspector to address any potential issues and make a licensing
				determination.
70.
Portion
				controlled
means commercially pre-packaged individual items or food
				portioned by the employee from bulk containers, and presented individually to
				the consumer.
71.
Potentially
				hazardous food
means any food that requires time and/or temperature
				control for safety (TCS) to limit pathogenic microorganism growth or toxin
				formation, and is further defined in the
Maine Food Code
(10-144 CMR Ch. 200, § 1-201.10(B)(84)(b)).
72.
Public pool
means any
				constructed or prefabricated pool, other than a residential pool or medical
				facility pool, that is intended to be used for swimming, recreational bathing,
				or wading. Examples include but are not limited to pools at hotels, childcare
				facilities, camps, or schools. This definition supplements the statutory
				definition at  22 MRS §2491(10-A) and the classifications of public pools
				in the
Rules Relating to Public Pools and Spas
(10-144 CMR Ch.
				202, §
										1(B)(13)).
73.
Public Spa
means any constructed spa, other than a residential spa
				or medical facility spa.
74.
Reconstituted
means dehydrated food products recombined with water
				or other liquids.
75.
Recreational vehicle (RV) park
means a campground that permits the
				use of RVs, as defined in the
Rules Relating to Campgrounds
(10-144 CMR Ch. 205§ 1-P(13)). An RV park is designed for seasonal sites
				or temporary occupancy and not for permanent residency.
76.
Reduced oxygen packaging
				(ROP)
is a method of food preparation as defined in the
Maine
				Food Code
(10-144 CMR Ch. 200, § 1-201.10(B)(91)).
77.
Repeat violation
means a
				violation determined and recorded during a previous inspection that has either
				reoccurred or not been corrected within the time required by the
				Department.
78.
Restriction
means a limitation placed on a license under this rule
				to further protect public health. Restrictions include, but are not limited to,
				requiring single-service articles only, bottled water exemptions, water meters
				or limiting meal service to breakfast, lunch or dinner (or to two meals) per
				day.
79.
Safe
				temperatures
, as applied to potentially hazardous food, means
				temperatures of 41° F or below (for cold food) and 135° F or above (for
				hot food) unless otherwise specified in this rule, and 0°F or below for
				frozen foods.
80.
Salad bar
				operation
means an area or areas where cold salads and/or salad
				ingredients are prepared, stored and displayed for consumer
				self-service.
81.
Salad bar
				unit
means a refrigerated unit or properly drained ice-filled unit where
				food is displayed for consumer self-service.
82.
Sanitization
means the
				application of cumulative heat or chemicals on cleaned foodcontact surfaces
				that, when evaluated for efficacy, is sufficient to yield a reduction of 5
				logs, which is equal to 99.999% reduction of representative disease
				microorganisms of public health importance.
83.
Sealed
means free of cracks
				or other openings, which permit the entry or passage of moisture and bacterial,
				viral, or chemical contaminants.
84.
Senior citizen meal site
means an eating establishment that prepares or serves potentially hazardous
				food for compensation to a predominantly senior citizen population. A senior
				citizen meal site does not include a place serving food to only its
				residents.
85.
Servicing
				area
means an operating base location, to which a mobile eating place or
				vehicle returns regularly, for services like vehicle and equipment cleaning,
				discharging liquid or solid wastes, refilling water tanks and ice bins, and
				storing food. This definition contains further clarification of the
Maine Food Code
(10-144 CMR Ch. 200, § 1-201.10(B)(104))
				for the purposes of this rule.
86.
Single-service articles
means cups, containers, lids, closures,
				plates, knives, forks, spoons, stirrers, paddles, straws, placemats, napkins,
				doilies, wrapping materials, toothpicks and similar articles which are
				constructed wholly, or in part, from paper, paper board, molded pulp, foil,
				wood, plastic, synthetic, or other readily destructible materials, and which
				are designed by the manufacturers and generally used by the public for onetime,
				one-person use and then discarded. This definition contains further
				clarification of the
Maine Food Code
at 10-144 CMR Ch. 200,
				§ 1-201.10(B)(110) for the purposes of this rule.
87.
Sporting/recreational camp
means a building or group of buildings offering eating and lodging facilities
				as well as recreational activities. A sporting/recreational camp provides four
				(4) or more rooms or cottages/cabins for rent, prepares and serves food to its
				lodging guests only, and facilitates access to outdoor recreational activities,
				such as snowmobiling, hunting and fishing. For the purposes of this definition,
				the Department considers each bunkhouse to be a separate room, cottage, or
				cabin. This definition supplements the statutory definition in  22 MRS §
											2491(11). Sporting/recreational camps do not include programs overseen by
				employees or volunteers of municipalities and educational institutions when the
				activities generally take place at the municipal or institution property and
				buildings.
88.
Utensil
means any tableware and kitchenware used in the storage, preparation,
				conveying, or serving of food.
89.
Vacation rental
means a residential property that is rented for
				vacation, leisure or recreation purposes for a day, a week, or a month, and
				typically under 30 days but not for more than an entire summer or winter
				season, to a person who has a place of permanent residence to which the person
				intends to return.
90.
Vending machine
means any self-service device offered for public
				use, which, upon insertion of money, or by other similar means, dispenses unit
				servings of food other than in original sealed packages without the necessity
				of replenishing the device between vending operations for each customer. This
				definition contains further clarification of the
Maine Food
				Code
(10-144 CMR Ch. 200, § 1-201.10(B)(121)) for the purposes of
				this rule.
91.
Vending
				machine company
means a company that places vending machines at any
				site.
92.
Violation
means a critical or non-critical regulatory finding of non-compliance with this
				rule.
93.
Wilderness
				recreational park
means a recreational park containing only primitive
				sites and adhering to the
Rules Relating to Campgrounds
(10-144 CMR Ch. 205).
94.
Youth camp
means a combination of program and facilities
				established for the primary purpose of providing a group living experience for
				children with social, recreational, spiritual, and educational objectives and
				operated and used for five or more consecutive days during one or more seasons
				of the year. Youth camps include day camps, residential camps and trip and
				travel camps. See
Youth Camps Rule
(10-144 CMR Ch. 208). Youth
				camp does not include programs coordinated by and taking place on the
				properties of municipalities and/or educational institutions.