New Jersey Administrative Code › Title 8 - HEALTH › Chapter 24 - SANITATION IN RETAIL FOOD ESTABLISHMENTS, FOOD AND BEVERAGE VENDING MACHINES, AND COTTAGE FOOD OPERATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8:24-1.5 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have
				  the following meanings, unless the context clearly indicates otherwise:
"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. The term 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 and
				  eligibility requirement; recertification, discipline and grievance procedures; and
				  test development and administration. The term does not refer to training functions
				  or education programs.
"a[w]" means water activity which is a measure of the free
				  moisture in a food, is the quotient of the water vapor pressure of the substance
				  divided by the vapor pressure of pure water at the same temperature, and is
				  indicated by the symbol a[w].
"Beverage" means a liquid for drinking, including water.
"Bottled drinking water" means water that is sealed in bottles,
				  packages, or other containers and offered for sale for human consumption, including
				  bottled mineral water.
"Certification number" means a unique combination of letters and
				  numbers assigned by a shellfish control authority to a molluscan shellfish dealer
				  according to the definition stated in the U.S. Department of Health and Human
				  Services, Public Health Service, Food and Drug Administration, National Shellfish
				  Sanitation Program's Guide for the Control of Molluscan Shellfish (2003),
				  incorporated herein by reference, as amended and supplemented, and available through
				  the Interstate Shellfish Sanitation Conference, 209-2 Dawson Road, Columbia, SC
				  29223, and available at
http://www.cfsan.fda.gov/%7Eear/nss2-toc.html
.
"CIP" means cleaned 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. The term
				  does not include the cleaning of equipment such as band saws, slicers, or mixers
				  that are subjected to in-place manual cleaning without the use of a CIP
				  system.
"CFR" means Code of Federal Regulations.
"Commercially raised game animal" means game animals:
1. Commercially raised for food and raised, slaughtered, and
				  processed under a voluntary inspection program that is conducted by the agency that
				  has animal health jurisdiction; or
2. Under a voluntary inspection program administered by the USDA
				  for game animals such as exotic animals (reindeer, elk, deer, antelope, water
				  buffalo, or bison) that are "inspected and approved" in accordance with Exotic
				  Animals; Voluntary Inspections, 9 CFR Part 352 , incorporated herein by reference,
				  as amended and supplemented, or rabbits that are "inspected and certified" in
				  accordance with Voluntary Inspection of Rabbits and Edible Products Thereof, 9 CFR
				  Part 354 , incorporated herein by reference, as amended and supplemented.
"Color additive" has the meaning stated in the Federal Food, Drug,
				  and Cosmetic Act,
				  21 U.S.C. §
										321(t) and
				  21
				  CFR §§ 70.3(f) and 70.5, both incorporated herein by reference, as amended
				  and supplemented.
"Color additive" has the meaning stated in the Federal Food,
				  Drug, and Cosmetic Act,
				  21 U.S.C. §
										321(t) and
				  21
				  CFR §§70.3(f) and 70.5, both incorporated herein by reference, as amended
				  and supplemented.
"Comminuted" means reduced in size by methods including chopping,
				  flaking, grinding, or mincing. The term includes fish or meat products that are
				  reduced in size and restructured or reformulated such as gefilte fish, gyros, ground
				  beef, and sausage; and a mixture of two or more types of meat that have been reduced
				  in size and combined, such as sausages made from two or more meats.
"Confirmed disease outbreak" means a foodborne disease outbreak
				  in which laboratory analysis of appropriate specimens identifies a causative agent
				  and epidemiological analysis implicates the food as the source of the
				  illness.
"Consumer" means a person who is a member of the public, takes
				  possession of food, is not functioning in the capacity of an operator of a retail
				  food establishment or food processing plant, and does not offer the food for
				  resale.
"Corrosion-resistant material" means 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 use environment.
"Cottage food product" means non-TCS food that a cottage food
				  operator prepares and includes:
1. Baked goods, including bread, rolls, biscuits, cakes, cupcakes,
				  pastries, and cookies;
2. Candy, including brittle and toffee;
3. Chocolate-covered nuts and dried fruit;
4. Dried fruit;
5. Dried herbs and seasonings, and mixtures thereof;
6. Dried pasta;
7. Dry baking mix;
8. Fruit jams, fruit jellies, and fruit preserves;
9. Fruit pies, fruit empanadas, and fruit tamales (excluding
				  pumpkin);
10. Fudge;
11. Granola, cereal, and trail mix;
12. Honey and sweet sorghum syrup;
13. Nuts and nut mixtures;
14. Nut butters;
15. Popcorn and caramel corn;
16. Roasted coffee and dried tea;
17. Vinegar and mustard;
18. Waffle cones and pizzelles; and
19. Upon written application to the Public Health and Food
				  Protection Program, other non-TCS food.
"Cottage food operator" means a person who holds a New Jersey
				  Cottage Food Operator Permit.
"Critical control point" means a point or procedure in a specific
				  food system where loss of control may result in an unacceptable health risk.
"Department" means the New Jersey Department of Health.
"Drinking water" means water that meets the provisions of the
				  NJSDWA, is traditionally known as "potable water" and includes the term "water,"
				  except where the term used connotes that the water is not potable, such as "boiler
				  water," "mop water," "rainwater," "wastewater," and "nondrinking" water.
"Dry storage area" means 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" means a characteristic of a surface that:
1. Allows effective removal of soil by normal cleaning methods;
				  and
2. Is dependent on the material, design, construction, and
				  installation of the surface.
"Easily movable" means:
1. Portable; mounted on casters, gliders, or rollers; or provided
				  with a mechanical means to safely tilt a unit of equipment for cleaning; and
2. Having no utility connection, a utility connection that
				  disconnects quickly, or a flexible utility connection line of sufficient length to
				  allow the equipment to be moved for cleaning of the equipment and adjacent
				  area.
"Employee" means the operator, 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
				  retail food establishment.
"EPA" means the U.S. Environmental Protection Agency.
"Equipment" means an article that is used in the operation of a
				  retail food establishment such as a freezer, grinder, hood, ice maker, meat block,
				  mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature
				  measuring device for ambient air, vending machine, or warewashing machine. The term
				  does not include items used for handling or storing large quantities of packaged
				  foods that are received from a supplier in a cased or overwrapped lot, such as hand
				  trucks, forklifts, dollies, pallets, racks, and skids.
"Fish" means fresh or saltwater finfish, crustaceans and other
				  forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea
				  cucumber, and sea urchin and the roe of such animals) other than birds or mammals,
				  and all mollusks, if such animal life is intended for human consumption. The term
				  includes an edible human food product derived in whole or in part from fish,
				  including fish that have been processed in any manner. The term does not include raw
				  molluscan shellfish.
"Food" means 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 additive" has the meaning stated in the Federal Food, Drug,
				  and Cosmetic Act (FFDCA),
				  21 U.S.C. §
										321(s) and
				  21
				  CFR §§ 170.3(e), 170.39, and 170.45-.60, both incorporated herein by
				  reference, as amended and supplemented.
"Foodborne disease outbreak" means the occurrence of two or more
				  cases of a similar illness resulting from the ingestion of a common food.
"Food-contact surface" means:
1. A surface of equipment or a utensil with which food normally
				  comes into contact; or
2. A surface of equipment or a utensil from which food may drain,
				  drip, or splash:
i. Into a food, or
ii. Onto a surface normally in contact with food.
"Food employee" means an individual working with unpackaged food,
				  food equipment or utensils, or food-contact surfaces.
"Food processing plant" means a commercial operation that
				  manufactures, packages, labels, or stores food for human consumption and does not
				  provide food directly to a consumer. The term does not include a retail food
				  establishment.
"Game animal" means an animal, the products of which are food,
				  that is not classified as poultry, fish, cattle, sheep, swine, goat, horse or
				  equine. The term includes mammals such as reindeer, elk, deer, antelope, water
				  buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and
				  non-aquatic reptiles such as land snakes. The term excludes ratites such as ostrich,
				  emu, and rhea.
"Group residence" means a private or public housing corporation
				  or institutional facility that provides living quarters and meals. The term includes
				  a domicile for unrelated persons such as a retirement home or a long-term health
				  care facility.
"Hazard Analysis Critical Control Point (HACCP) plan" means a
				  written document that delineates the formal procedures for following the HACCP
				  principles (July, 2005) incorporated herein by reference, as amended and
				  supplemented, and available through the Division of Cooperative Programs (HFS-625),
				  Office of Compliance, Center for Food Safety and Applied Nutrition, Food and Drug
				  Administration, 5100 Paint Branch Parkway, College Park, MD 20740, telephone (301)
				  436-2350 and website address
http://www.cfsan.fda.gov/%7Edms/hret2toc.html
.
"Hazard" means a biological, chemical, or physical property that
				  may cause an unacceptable consumer health risk.
"Health authority" means a local board of health with
				  jurisdiction, and/or the Department.
"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.
"Highly susceptible population" means a group of persons who are
				  more likely than other populations to experience foodborne disease because they are
				  immunocompromised or older adults and 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.
"Imminent health hazard" means a significant threat or danger to
				  health that is considered to exist when there is evidence sufficient to show that a
				  product, practice, circumstance, or event creates a situation that requires
				  immediate correction or cessation of operation to prevent injury based on the number
				  of potential injuries, and the nature, severity, and duration of the anticipated
				  injury.
"Injected" means manipulating a meat so that infectious or
				  toxigenic microorganisms may be introduced from its surface to its interior through
				  tenderizing with deep penetration or injecting the meat such as with juices which
				  may be referred to as "injecting," "pinning," or "stitch pumping."
"Juice," when used in the context of food safety, means the
				  aqueous liquid expressed or extracted from one or more fruits or vegetables, purees
				  of the edible portions of one or more fruits or vegetables, or any concentrate of
				  such liquid or puree. This definition does not apply to standards of
				  identity.
"Kitchenware" means food preparation and storage utensils.
"Law" means applicable local, state, and Federal statutes,
				  regulations, and ordinances.
"Linens" means fabric items such as cloth hampers, cloth napkins,
				  tablecloths, wiping cloths, and work garments including cloth gloves.
"Major food allergen":
1. Means any of the following, and/or a protein derived from any
				  of the following:
i. Milk;
ii. Eggs;
iii. Fish;
iv. Crustacean shellfish;
v. Tree nuts;
vi. Wheat;
vii. Peanuts; and
viii. Soybeans; and
2. Excludes:
i. Any highly refined oil derived from a food specified in
				  paragraph 1 above and any ingredient derived from such highly refined oil;
				  and
ii. Any ingredient that is exempt under the petition or
				  notification process specified in the Food Allergen Labeling and Consumer Protection
				  Act of 2004 (
				  Public
				  Law 108-282 ).
"Meat" means the flesh of animals used as food including the
				  dressed flesh of cattle, swine, sheep, or goats and other edible animals, except
				  fish and poultry.
"Misbranded" means the definition as stated in N.J.S.A. 24:5-16
				  and 24:5-17.
"mg/L" means milligrams per liter, which is the metric equivalent
				  of parts per million (ppm).
"Mobile retail food establishment" means any movable restaurant,
				  truck, van, trailer, cart, bicycle, watercraft, or other movable unit including hand
				  carried, portable containers in or on which food or beverage is transported, stored,
				  or prepared for retail sale or given away at temporary locations.
"Molluscan shellfish" means any edible species of fresh or frozen
				  oysters, clams, mussels, and scallops or edible portions thereof, except when the
				  scallop product consists only of the shucked abductor muscle.
"NJSDWA" means the New Jersey Safe Drinking Water Act at N.J.S.A.
				  58:12A-1 et seq. and the rules promulgated thereunder at N.J.A.C. 7:10.
"Operator" means the entity that is legally responsible for the
				  operation of the retail food establishment such as the owner, the owner's agent, or
				  other person.
"Packaged" means bottled, canned, cartoned, securely bagged, or
				  securely wrapped, whether packaged in retail food establishments or a food
				  processing plant. The term does not include a wrapper, carryout 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.
"Person" means an association, a corporation, individual,
				  partnership, other legal entity, government, or governmental subdivision or
				  agency.
"Person in charge" means the individual present at a retail food
				  establishment who is responsible for the operation at the time of inspection.
"Personal care items" means 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 including items such as medicines, first aid
				  supplies, and other items such as cosmetics, and toiletries such as toothpaste and
				  mouthwash.
"pH" means 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 zero and seven indicate acidity and values between seven
				  and 14 indicate alkalinity. The value for pure distilled water is seven, which is
				  considered neutral.
"Physical facilities" means the structure and interior surfaces
				  of a retail food establishment including accessories such as soap and towel
				  dispensers and attachments such as light fixtures and heating or air conditioning
				  system vents.
"Plumbing fixture" means a receptacle or device that is
				  permanently or temporarily connected to the water distribution system of the
				  premises and demands a supply of water from the system; or discharges used water,
				  waste materials, or sewage directly or indirectly to the drainage system of the
				  premises.
"Plumbing system" means the water supply and distribution pipes;
				  plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers
				  and building drains, including their respective connections, devices, and
				  appurtenances within the premises; and water-treating equipment.
"Poisonous or toxic materials" means substances that are not
				  intended for ingestion and are included in four categories:
1. Cleaners and sanitizers, which include cleaning and sanitizing
				  agents and agents such as caustics, acids, drying agents, polishes, and other
				  chemicals;
2. Pesticides except sanitizers, which include substances such as
				  insecticides and rodenticides;
3. 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; and
4. Substances that are not necessary for the operation and
				  maintenance of the establishment and are on the premises for retail sale, such as
				  petroleum products and paints.
"Potentially hazardous food" means a food that is natural or
				  synthetic and that requires temperature control because it is in a form capable of
				  supporting:
1. The rapid and progressive growth of infectious or toxigenic
				  microorganisms;
2. The growth and toxin production of Clostridium botulinum;
				  or
3. In raw shell eggs, the growth of Salmonella enteritidis.
"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 that are not acidified or otherwise modified at a food processing plant in
				  a way that results in mixtures that do not support growth as specified under the
				  first paragraph of this definition.
"Potentially hazardous food" does not include:
1. An air-cooled hard-boiled egg with shell intact;
2. A food with an a[w] value of 0.85 or less;
3. A food with a pH level of 4.6 or below when measured at 75
				  degrees Fahrenheit;
4. 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;
5. A food for which laboratory evidence demonstrates that the
				  rapid and progressive growth of infectious or toxigenic microorganisms or the growth
				  of S. enteritidis in eggs or C. botulinum cannot occur, such as a food that has an
				  a[w] and a pH that are above the levels specified under 2 and 3 above and that may
				  contain a preservative, other barrier to the growth of microorganisms, or a
				  combination of barriers that inhibit the growth of microorganisms; or
6. A food that does not support the growth of microorganisms as
				  specified under the first paragraph of this definition even though the food may
				  contain an infectious or toxigenic microorganism or chemical or physical contaminant
				  at a level sufficient to cause illness.
"Poultry" means any domesticated bird (chickens, turkeys, ducks,
				  geese, or guineas) and any migratory waterfowl, game bird, or squab such as
				  pheasant, partridge, quail, grouse, or guineas. The term excludes ratites.
"Premises" means:
1. The physical facility, its contents, and the contiguous land or
				  property under the control of the operator; or
2. The physical facility, its contents, and the land or property
				  not described under 1 above if its facilities and contents are under the control of
				  the operator and may impact retail food establishment personnel, facilities, or
				  operations, if a retail food establishment is only one component of a larger
				  operation such as a health care facility, hotel, motel, school, recreational camp,
				  or prison.
"Primal cut" means a basic major cut into which carcasses and
				  sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal
				  breast.
"Public Health and Food Protection Program" means the program of
				  the Department by that name for which the contact information is:
Public Health and Food Protection Program
Consumer, Environmental and Occupational Health Service
Division of Epidemiology, Environmental and Occupational
				  Health
NJ Department of Health
PO Box 369
Trenton, NJ 08625-0369
Telephone: (609) 826-4935
Email: phfpp@doh.nj.gov
"Public water system" has the meaning stated in the NJSDWA.
"Ratite" means a flightless bird such as an emu, ostrich, or
				  rhea.
"Ready-to-eat food" means food that is in a form that is edible
				  without additional preparation to achieve food safety, as specified under
				  N.J.A.C.
				  8:24-3.4(a)1  through 3 or 3.4(b)
				  or (d); or is a raw or partially cooked animal food and is prepared in response to a
				  consumer order and for immediate service as specified under
				  N.J.A.C.
				  8:24-3.4(a)3 ii;
1. Is prepared in accordance with a specialized processing
				  approval that is granted as specified under
				  N.J.A.C.
				  8:24-3.5(h); and
2. May receive additional preparation for palatability or
				  aesthetic, epicurean, gastronomic, or culinary purposes.
"Ready-to-eat food" includes:
1. Raw animal food that is cooked to safe cooking temperatures, or
				  frozen as specified under
				  N.J.A.C.
				  8:24-3.4(d);
2. Raw fruits and vegetables that are washed as specified under
				  N.J.A.C.
				  8:24-3.3(g);
3. Fruits and vegetables that are cooked for hot holding as
				  specified under
				  N.J.A.C.
				  8:24-3.4(c);
4. All potentially hazardous food that is cooked to the
				  temperature and time required for the specific food under
				  N.J.A.C.
				  8:24-3.4 and cooled as specified under
				  N.J.A.C.
				  8:24-3.5(d);
5. 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 are removed;
6. Substances derived from plants such as spices, seasonings, and
				  sugar;
7. Bakery items such as bread, cakes, pies, fillings, or icing for
				  which further cooking is not required for food safety;
8. 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
9. Foods manufactured according to Thermally Processed Low-Acid
				  Foods Packaged in Hermetically Sealed Containers, 21 CFR Part 113 , incorporated
				  herein by reference, as amended and supplemented.
"Reduced oxygen packaging" means:
1. The reduction of the amount of oxygen in a package by removing
				  oxygen; displacing oxygen and replacing it with another gas or combination of gases;
				  or otherwise controlling the oxygen content to a level below that normally found in
				  the surrounding, 21 percent oxygen atmosphere; and
2. A process as specified in 1 above that involves a food for
				  which Clostridium botulinum is identified as a microbiological hazard in the final
				  packaged form.
"Reduced oxygen packaging" includes:
1. Vacuum packaging, in which air is removed from a package of
				  food and the package is hermetically sealed so that a vacuum remains inside the
				  package, such as sous vide;
2. Modified atmosphere packaging, in which the atmosphere of a
				  package of food is modified so that its composition is different from air but the
				  atmosphere may change over time due to the permeability of the packaging material or
				  the respiration of the food. Modified atmosphere packaging includes: reduction in
				  the proportion of oxygen, total replacement of oxygen, or an increase in the
				  proportion of other gases such as carbon dioxide or nitrogen; and
3. Controlled atmosphere packaging, in which the atmosphere of a
				  package of food is modified so that until the package is opened, its composition is
				  different from air, and continuous control of that atmosphere is maintained, such as
				  by using oxygen scavengers or a combination of total replacement oxygen,
				  nonrespiring food, and impermeable packaging material.
"Refrigeration temperatures" mean:
1. Forty-one degrees Fahrenheit or less, except as specified under
				  2 below.
2. Forty-five degrees Fahrenheit or less in refrigeration
				  equipment in use as of January 2, 2007, that is not capable of maintaining the food
				  at 41 degrees Fahrenheit or less if:
i. The equipment is in place and in use in the retail food
				  establishment; and
ii. As of January 2, 2012, the equipment is upgraded or replaced
				  to maintain food at a temperature of 41 degrees Fahrenheit or less.
"Refuse" means solid waste not carried by water through the sewage
				  system.
"Regulatory authority" means the local, state, or Federal
				  enforcement body or authorized representative having jurisdiction over the retail
				  food establishment or food processing plant.
"Restricted use pesticide" has the meaning set forth by the New
				  Jersey Department of Environmental Protection in the Pesticide Control rules,
				  N.J.A.C. 7:30-1.2, and
				  includes a pesticide product that is limited to use by or under the direct
				  supervision of a certified applicator.
"Retail food establishment" means an operation that stores,
				  prepares, packages, serves, vends, or otherwise provides food for human consumption
				  to a consumer, or indirectly to consumers through a delivery service, such as home
				  delivery of grocery orders or restaurant takeout orders, or a service that is
				  provided by common carriers and:
1. Includes:
i. A restaurant;
ii. A satellite or catered feeding location;
iii. A catering operation, if the operation provides food directly
				  to a consumer or to a conveyance used to transport people;
iv. A market;
v. A vending location;
vi. A conveyance used to transport people;
vii. An institution;
viii. A food bank;
ix. 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 health
				  authority; and
x. An operation that is conducted in a mobile, stationary,
				  temporary, or permanent facility or location, regardless of whether consumption
				  occurs on or off the premises and regardless of whether there is a charge for the
				  food; and
2. Excludes:
i. A produce stand that only offers whole, uncut fresh fruits and
				  vegetables;
ii. A food processing plant;
iii. A kitchen in a private home that produces food that is
				  non-TCS and:
(1) Is prepared for sale or service at a function, such as a
				  religious or charitable organization's bake sale 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 health
				  authority; or
(2) Is prepared and sold, or otherwise relinquished, to the
				  consumer, in accordance with a cottage food operator permit;
iv. An area where food that is prepared as specified at
				  subparagraph 2iii above is sold or offered for human consumption;
v. A kitchen in a private home, such as a family child-care home,
				  as defined at
				  N.J.A.C.
				  10:126-1.2; or a bed and breakfast guest house or
				  bed and breakfast homestay as defined at
				  N.J.A.C. 5:70-1.5, that
				  prepares and offers food to guests if the home is owner occupied, and breakfast is
				  the only meal offered; and/or
vi. A private home that receives catered or home-delivered
				  food.
"Risk type 1 food establishment" means any retail food
				  establishment that:
1. Serves or sells only pre-packaged, non-potentially hazardous
				  foods;
2. Prepares only non-potentially hazardous foods; or
3. Heats only commercially processed, potentially hazardous foods
				  for hot holding and does not cool potentially hazardous foods.
Such retail establishments may include, but are not limited to,
				  convenience store operations, hot dog carts, and coffee shops.
"Risk type 2 food establishment" means any retail food
				  establishment that has a limited menu; and
1. Prepares, cooks, and serves most products immediately;
2. Exercises hot and cold holding of potentially hazardous foods
				  after preparation or cooking; or
3. Limits the complex preparation of potentially hazardous foods,
				  including the cooking, cooling, and reheating for hot holding, to two or fewer
				  items.
Such retail establishments may include, but are not limited to,
				  retail food store operations, schools that do not serve a highly susceptible
				  population, and quick service operations, depending on the menu and preparation
				  procedures.
"Risk type 3 food establishment" means any retail food
				  establishment that:
1. Has an extensive menu which requires the handling of raw
				  ingredients; and is involved in the complex preparation of menu items that includes
				  the cooking, cooling, and reheating of at least three or more potentially hazardous
				  foods; or
2. Prepares and serves potentially hazardous foods including the
				  extensive handling of raw ingredients; and whose primary service population is a
				  highly susceptible population.
Such establishments may include, but are not limited to, full
				  service restaurants, diners, commissaries, and catering operations; or hospitals,
				  nursing homes, and pre-schools preparing and serving potentially hazardous
				  foods.
"Risk type 4 food establishment" means a retail food
				  establishment that conducts specialized processes such as smoking, curing, canning,
				  bottling, acidification designed to control pathogen proliferation, or any reduced
				  oxygen packaging intended for extended shelf-life where such activities may require
				  the assistance of a trained food technologist. Such establishments include those
				  establishments conducting specialized processing at retail.
"Safe cooking temperature" means heating all parts of raw animal
				  foods, such as eggs, fish, meat, poultry, and foods containing these raw animal
				  foods to a temperature, and for a time that complies with one of the following
				  methods, based on the food that is being cooked:
1. 145 degrees Fahrenheit or above for 15 seconds for fish, meat,
				  pork and commercially raised game animals, except as specified under 2, 3 and 4
				  below.
2. 155 degrees Fahrenheit for 15 seconds or the temperature
				  specified in the following chart that corresponds to the holding time for ratites
				  and injected meats; the following if they are comminuted: fish, meat, commercially
				  raised game animals, and raw eggs.
Minimum Temperature
Minimum
						  Holding Time
145 degrees Fahrenheit
3 minutes
150 degrees Fahrenheit
1 minute
158 degrees Fahrenheit
1 second (instantaneous)
3. 165 degrees Fahrenheit or above for 15 seconds for poultry,
				  stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or
				  stuffing containing fish, meat, poultry, or ratites.
4. Whole beef roasts, corned beef roasts, pork roasts, and cured
				  pork roasts such as ham, shall be cooked as specified in the following chart, to
				  heat all parts of the food to a temperature and for the holding time that
				  corresponds to that temperature:
Temperature
Time *
130 degrees Fahrenheit
112 minutes
132 degrees Fahrenheit
77 minutes
134 degrees Fahrenheit
47 minutes
136 degrees Fahrenheit
32 minutes
138 degrees Fahrenheit
19 minutes
140 degrees Fahrenheit
12 minutes
142 degrees Fahrenheit
8 minutes
144 degrees Fahrenheit
5 minutes
145 degrees Fahrenheit
3 minutes
* Holding time may include post oven heat rise.
"Safe material" means:
1. 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;
2. An additive that is used as specified in the Federal Food,
				  Drug, and Cosmetic Act,
				  21
				  U.S.C. §
										348, incorporated herein by
				  reference, as amended and supplemented; or
3. Other materials that are not additives and that are used in
				  conformity with applicable regulations of the Food and Drug Administration.
"Sanitization" means 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.
"Sealed" means free of cracks or other openings that allow the
				  entry or passage of moisture.
"Service animal" means an animal such as a guide dog, signal dog,
				  or other animal individually trained to provide assistance to an individual with a
				  disability.
"Servicing area" means an operating base location to which a
				  mobile retail food establishment or transportation vehicle returns regularly for
				  such things as vehicle and equipment cleaning, discharging liquid or solid wastes,
				  refilling water tanks and ice bins, and boarding food.
"Sewage" means liquid waste containing animal or vegetable matter
				  in suspension or solution and may include liquids containing chemicals in
				  solution.
"Shellfish control authority" means a state, Federal, foreign,
				  tribal, or other government entity legally responsible for administering a program
				  that includes certification of molluscan shellfish harvesters and dealers for
				  interstate commerce.
"Shellstock" means raw, in-shell molluscan shellfish.
"Shucked shellfish" means molluscan shellfish that have one or
				  both shells removed.
"Shiga toxin-producing Escherichia coli" means any Escherichia
				  coli capable of producing Shiga toxins (also called verocytotoxins or "Shiga-like"
				  toxins) and includes, but is not limited to, Escherichia coli reported as serotype
				  O157:H7, O157:NM, and O157:H-.
"Single-service articles" means tableware, carry-out utensils,
				  and other items such as bags, containers, placemats, stirrers, straws, toothpicks,
				  and wrappers that are designed and constructed for one time, one person use after
				  which they are intended for discard.
"Single-use articles" means utensils and bulk food containers
				  designed and constructed to be used once and discarded. The term includes items such
				  as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars,
				  plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number
				  10 cans which do not meet the materials, durability, strength, and cleanability
				  specifications under
				  N.J.A.C.
				  8:24-4.1(a)  and 4.2(a) and (b)
				  for multiuse utensils.
"Slacking" means the process of moderating the temperature of a
				  food such as allowing a food to gradually increase from a temperature of -10 degrees
				  Fahrenheit to 25 degrees Fahrenheit in preparation for deep-fat frying or to
				  facilitate even heat penetration during the cooking of previously block-frozen food
				  such as spinach.
"Smooth" means:
1. A food-contact surface having a surface free of pits and
				  inclusions with a cleanability equal to or exceeding that of (100 grit) number 3
				  stainless steel;
2. A nonfood-contact surface of equipment having a surface equal
				  to that of commercial grade hot-rolled steel free of visible scale; and
3. A floor, wall, or ceiling having an even or level surface with
				  no roughness or projections that render it difficult to clean.
"Table-mounted equipment" means equipment that is not portable and
				  is designed to be mounted off the floor on a table, counter, or shelf.
"Tableware" means eating, drinking, and serving utensils for
				  table use such as flatware including forks, knives, and spoons; hollowware including
				  bowls, cups, serving dishes, and tumblers; and plates.
"TCS food" means a food that requires time and/or temperature
				  control for safety to limit pathogenic microorganism growth or toxin
				  formation.
"Temperature measuring device" means a thermometer, thermocouple,
				  thermistor, or other device that indicates the temperature of food, air, or
				  water.
"Temporary retail food establishment" means a retail food
				  establishment that operates for a period of no more than 14 consecutive days in
				  conjunction with a single event or celebration.
"USDA" means the U.S. Department of Agriculture.
"Utensil" means a food-contact implement or container used in the
				  storage, preparation, transportation, dispensing, sale, or service of food, such as
				  kitchenware or tableware that is multiuse, single-service, or single-use; gloves
				  used in contact with food; food temperature measuring devices; and probe-type price
				  or identification tags used in contact with food.
"Vending machine" means a self-service device that, upon
				  insertion of a coin, paper currency, token, card, or key, or by optional manual
				  operation, dispenses unit servings of food in bulk or in packages without the
				  necessity of replenishing the device between each vending operation.
"Vending machine location" means the room, enclosure, space, or
				  area where one or more vending machines are installed and operated and includes the
				  storage areas and areas on the premises that are used to service and maintain the
				  vending machines.
"Warewashing" means the cleaning and sanitizing of food-contact
				  surfaces of equipment and utensils.
"Whole-muscle, intact beef" means whole muscle beef that is not
				  injected, mechanically tenderized, reconstructed, or scored and marinated, from
				  which beef steaks may be cut.