Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 1 - Purpose and Definitions › Section 310:257-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, 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 American National Standards Institute - Conference for
				  Food Protection (ANSI-CFP) Accreditation programs include but are not limited
				  to: National Restaurant Association Solutions; LLC (ServeSafe); Prometric,
				  Inc.; 360training.com; and National Registry of Food Safety Professionals.
(A) 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.
(B) Accredited program does not refer to training functions
				  or educational programs.
"Additive"
as used in this Chapter shall have
				  the same meaning for the following terms:
(A)
"Color additive"
has the meaning stated in
				  the Federal Food, Drug, and Cosmetic Act, Section 201(t) and 21 CFR, Part 70
				  .
(B)
"Food additive"
has the meaning stated in
				  the Federal Food, Drug, and Cosmetic Act, Section 201(s) and 21 CFR, Part 170 .
"Adulterated"
means the definition in 63 O.S.
				  Section 1-1109.
"Approved"
means acceptable to the Department
				  based on a determination of conformity with principles, practices, and
				  generally recognized standards that protect public health.
"Asymptomatic"
means without obvious symptoms;
				  not showing or producing indications of a disease or other medical conditions,
				  such as an individual infected with a pathogen but not exhibiting or producing
				  any signs or symptoms of vomiting, diarrhea, or jaundice. Asymptomatic includes
				  not showing symptoms because symptoms have resolved or subsided, or because
				  symptoms never manifested.
" aw"
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
				  aw.
"Balut"
means an embryo inside a fertile egg
				  that has been incubated for a period sufficient for the embryo to reach a
				  specific state of development after which it is removed from incubation before
				  hatching.
"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.
"Casing"
means a tubular container for sausage
				  products made of either natural or artificial (synthetic) material.
"Certified applicator"
means any individual who
				  is certified under the Federal Insecticide, Fungicide, and Rodenticide Act,
				  7
				  U.S.C. Section 136 et seq. and/or by the
				  Oklahoma State Department of Agriculture Food and Forestry as authorized to use
				  or supervise the use of any pesticide that is classified for restricted use.
				  Any applicator who holds or applies registered pesticides or uses dilutions of
				  registered pesticides consistent with the product labeling only to provide a
				  service of controlling pests without delivering any unapplied pesticide to any
				  person so served is not deemed to be a seller or distributor of
				  pesticides.
"Certification number"
means 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.
"CFR"
means Code of Federal Regulations.
				  Citations in this Chapter to the CFR refer sequentially to the Title, Part, and
				  Section numbers, such as
				  21 CFR
				  178.1010 refers to Title 21, Part 178,
				  Section 1010.
"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. It 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.
"Code of Federal Regulations"
means the
				  compilation of the general and permanent rules published in the Federal
				  Register by the executive departments and agencies of the federal government
				  which is published annually by the U.S. Government Printing Office; and
				  contains FDA rules in 21 CFR, USDA rules in 7 CFR and 9 CFR, EPA rules in 40
				  CFR, and Wildlife and Fisheries rules in 50 CFR.
"Commingle"
means to combine shellstock
				  harvested on different days or from different growing areas as identified on
				  the tag or label, or to combine shucked shellfish from containers with
				  different container codes or different shucking dates.
"Comminuted"
means reduced in size by methods
				  including chopping, flaking, grinding, or mincing and includes fish or meat
				  products that are reduced in size and restructured or reformulated such as
				  gefilte fish, gyros, ground beef, sausage; and a mixture of 2 or more types of
				  meat that have been reduced in size and combined, such as sausages made from 2
				  or more meats.
"Commissary"
means a facility used to maintain
				  safe and sanitary operations for the cleaning and servicing of pushcarts,
				  mobile retail units, or mobile food establishments; and for the storage of food
				  and single service articles used in those units.
"Common dining area"
means a central location in
				  a group residence where people gather to eat at mealtime but does not apply to
				  a kitchenette or dining area located within private living quarters.
"Conditional employee"
means a potential food
				  employee to whom a job offer is made, conditional on responses to subsequent
				  medical questions or examinations designed to identify potential food employees
				  who may be suffering from a disease that can be transmitted through food and
				  done in compliance with Title 1 of the Americans with Disabilities Act of 1990.
"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 food establishment or food processing plant, and does not offer
				  the food for resale.
"Cook/Chill"
means the process of placing food,
				  heated to a temperature as required in OAC
				  310:257-5-46 or
				  OAC
				  310:257-5-48,
				  and held at a temperature of 135°F or hotter, into an impermeable bag, then
				  cooling the food to a temperature of 41°F or less as required under OAC
				  310:257-5-57.
"Co-Op"
means an establishment meeting the
				  requirements in the Cooperative Corporations Chapter at 18 O.S. §§
				  421 et seq. and selling food products produced as described at 2 O.S.
				  §§ 5-4.1 et seq.
"Core item"
means a provision of this Chapter
				  that is not designated as a priority item or priority foundation item and
				  includes an item that usually relates to general sanitation, operational
				  controls, sanitation standard operating procedures (SSOPs), facilities or
				  structures, equipment design or general maintenance.
"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.
"Counter-mounted equipment"
means equipment that
				  is not portable and is designed to be mounted off the floor on a table,
				  counter, or shelf.
"Critical control point (CCP)"
means a point or
				  procedure in a specific food system where loss of control may result in an
				  unacceptable health risk.
"Critical limit"
means the maximum or minimum
				  value to which a physical, biological, or chemical parameter must be controlled
				  at a critical control point to minimize the risk that the identified food
				  safety hazard may occur.
"Customer self-service"
means customer selection
				  and packaging of a bulk food product from a product module.
"Cut leafy greens"
means fresh leafy greens
				  whose leaves have been cut, shredded, sliced, chopped, or torn. The term "leafy
				  greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter
				  lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole,
				  endive, spring mix, spinach, cabbage, kale, arugula, and chard. The term "leafy
				  greens" does not include herbs such as cilantro or parsley.
"Dealer"
means a person who is authorized by a
				  shellfish control authority for the activities of shellstock shipper,
				  shucker-packer, repacker, reshipper, or depuration processor of molluscan
				  shellfish according to the provisions of the National Shellfish Sanitation
				  Program.
"Department"
means the Oklahoma State Department
				  of Health and a health department designated in writing by the State
				  Commissioner of Health to perform official duties or other acts authorized
				  under 63 O.S. § 101 et seq. and this Chapter, or an authorized agent
				  thereof.
"Disclosure"
means a written statement that
				  clearly identifies the animal-derived foods which are, or can be ordered, raw,
				  undercooked, or without otherwise being processed to eliminate pathogens, or
				  items that contain an ingredient that is raw, undercooked, or without otherwise
				  being processed to eliminate pathogens.
"Display area"
means a location or locations,
				  including physical facilities and equipment, where bulk food is offered for
				  customer self-service.
"Drinking water"
means water that meets criteria
				  as specified in 40 CFR, Part 141 National Primary Drinking Water Regulations.
				  It is traditionally known as "potable water." Drinking water 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 are not
				  Time Temperature Control for Safety Foods and dry goods such as single-service
				  items.
"Easily cleanable"
means a characteristic of a
				  surface that allows effective removal of soil by normal cleaning methods; is
				  dependent on the material, design, construction, and installation of the
				  surface; and varies with the likelihood of the surface's role in introducing
				  pathogenic or toxigenic agents or other contaminants into food based on the
				  surface's approved placement, purpose, and use. Easily cleanable includes a
				  tiered application of the criteria that qualify the surface as easily cleanable
				  to different situations in which varying degrees of cleanability are required
				  such as the appropriateness of stainless steel for a food preparation surface
				  as opposed to the lack of need for stainless steel to be used for floors or for
				  tables used for consumer dining; or the need for a different degree of
				  cleanability for a utilitarian attachment or accessory in the kitchen as
				  opposed to a decorative attachment or accessory in the consumer dining
				  area.
"Easily movable"
means portable; mounted on
				  casters, gliders, or rollers; or provided with a mechanical means to safely
				  tilt a unit of equipment for cleaning; and has 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.
"Egg"
means the shell egg of avian species such
				  as chicken, duck, goose, guinea, quail, ratites, or turkey. Egg does not
				  include a balut and it does not include reptile species such as alligator or an
				  egg product.
"Egg product"
means all, or a portion of, the
				  contents found inside eggs separated from the shell and pasteurized in a food
				  processing plant, with or without added ingredients, intended for human
				  consumption, such as dried, frozen or liquid eggs. Egg product does not include
				  food which contains eggs only in a relatively small proportion such as cake
				  mixes.
"Employee"
means the license 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 a food establishment.
"EPA"
means the U.S. Environmental Protection
				  Agency.
"Equipment"
means an article that is used in the
				  operation of a 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. It 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.
"Event or celebration"
means an occasional
				  scheduled social gathering, with a designated event organizer in charge, which
				  is open to the general public, and that has been organized for a special
				  occasion or purpose, having a limited time or serving a specific
				  function.
"Exclude"
means to prevent a person from working
				  as a food employee or entering a food establishment as an employee.
"Farmers Hub"
means a designated area as
				  described under 2 O.S. Section 5-3A.1 et seq.
"Farmers Market"
means a designated area in
				  which farmers, growers, or producers from a defined region gather on a
				  regularly scheduled basis to sell at retail Non-Time/Temperature Control for
				  Safety farm food products and whole shell eggs to the public as described under
				  2 O.S. Section 5-3A.1 et seq.
"FDA"
means the U.S. Food and Drug
				  Administration.
"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. Fish includes an edible human food product
				  derived in whole or in part from fish, including fish that have been processed
				  in any manner.
"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.
"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 a surface of
				  equipment or a utensil with which food normally comes into contact; or a
				  surface of equipment or a utensil from which food may drain, drip, or splash
				  into a food, or onto a surface normally in contact with food.
"Food employee"
means an individual working with
				  unpackaged food, food equipment or utensils, or food-contact surfaces.
"Food establishment"
means an operation that
				  stores, prepares, packages, serves, vends food directly to the consumer, or
				  otherwise provides food for human consumption such as a restaurant; satellite,
				  commissary, or catered feeding location; catering operation if the operation
				  provides food directly to a consumer or to a conveyance used to transport
				  people; market; vending location; conveyance used to transport people;
				  institution; or food bank; and that relinquishes possession of food to a
				  consumer directly, or indirectly through a delivery service such as home
				  delivery of grocery orders or restaurant takeout orders, or delivery service
				  that is provided by common carriers.
(A) Food establishment includes: 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 Department; or an operation that is
				  conducted in a mobile, stationary, temporary, or permanent facility or
				  location; where consumption is on or off the premises.
(B) Food establishment does not include:
(i) Food processing plant; including those that are located
				  on the premises of a food establishment;
(ii) A kitchen in a private home
that meets exemptions listed at OAC
				  310:257-1-4;
(iii) A kitchen in a private home, such as a small family
				  day-care provider; or 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 the number allowed by 63 O.S. §§ 1201 et
				  seq., and breakfast is the only meal offered;
(iv) A private home that receives catered or home-delivered
				  food;
(v) Incidental sales; or
(vi) A produce stand that offers only whole, uncut and
				  unprocessed fresh fruits, melons, vegetables and legumes and/or whole uncracked
				  and unprocessed tree nuts.
"Food establishment
-
fee exempt"
means a food establishment that utilizes non-paid persons by a nonprofit,
				  civic, charitable, or religious organization primarily for benevolent purposes.
(A) Fee exempt licensees shall comply with the applicable
				  sections of these rules depending upon the type of operation involved; e.g.,
				  food service, retail food, combination, temporary, or mobile.
(B) Fee exempt licenses, except temporary licenses, shall not
				  expire but shall remain in full force and effect until revoked, suspended,
				  annulled, or withdrawn by the Commissioner in accordance with applicable
				  law.
(C) A license is not required for a non-profit civic,
				  charitable or religious organization, using non-paid persons to prepare or
				  serve food on its behalf, for occasional fund-raising events sponsored and
				  conducted by the organization.
"Food processing plant"
means a commercial
				  operation that manufactures, packages, labels, or stores food for human
				  consumption and provides food for sale or distribution to other business
				  entities such as food processing plants or food establishments.
"Game animal"
means an animal, the products of
				  which are food, that is not included in the definitions of 2 O.S. Section 6-183
				  et seq. (cattle, bison, sheep, swine and goats). Equines are not included due
				  to the provisions of Title 2 O.S. Section
				  6-192 (prohibits the
				  use of equine for food), 2 O.S. Section 6-251 et seq. (poultry, including any
				  domestic bird whether live or dead), 2 O.S. Section 6-280.1 et seq.
				  (domesticated rabbits whether live or dead), 2 O.S. Section 6-290.3 et seq.
				  (exotic livestock including commercially raised livestock and including but not
				  limited to animals of the families bovidae, cervidae, antilocapridae or in the
				  definitions of fish in this Section).
"General use pesticide"
means a pesticide that
				  is not classified by EPA for restricted use as specified in
				  40 CFR
				  152.175 Pesticides classified for restricted
				  use.
"Grade A standards"
means the requirements of
				  the United States Public Health Service/FDA "Grade A Pasteurized Milk
				  Ordinance" with which certain fluid and dry milk and milk products comply.
"HACCP"
means Hazard Analysis Critical Control
				  Point.
"HACCP plan"
means a written document that
				  delineates the formal procedures for following the Hazard Analysis Critical
				  Control Point principles developed by The National Advisory Committee on
				  Microbiological Criteria for Foods.
"Handwashing sink"
means a lavatory, a basin or
				  vessel for washing, a wash basin, or a plumbing fixture especially placed for
				  use in personal hygiene and designed for washing of the hands. Handwashing sink
				  includes an automatic handwashing facility.
"Hazard"
means a biological, chemical, or
				  physical property that may cause an unacceptable consumer health risk.
"Health practitioner"
means a physician licensed
				  to practice medicine, a nurse practitioner, physician assistant, or similar
				  medical professional.
"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 persons
				  who are more likely than other people in the general population to experience
				  foodborne disease because they are:
(A) Immunocompromised; preschool age children or older
				  adults; and
(B) Obtaining food at a facility that provides services such
				  as custodial care, health care, or assisted living, such as a child or adult
				  day care center, kidney dialysis center, hospital or nursing home, or
				  nutritional or socialization services such as a senior 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.
"Impermeable"
means incapable of allowing
				  liquids to pass through the covering.
"Incidental sale"
means the sale of food on the
				  premises where food is not a primary reason to frequent the establishment, but
				  where prepackaged, non-Time/Temperature Control for Safety Food from an
				  approved source is offered for purchase as a convenience to the customer, and
				  no product is kept in back stock.
"Injected"
means manipulating meat in which a
				  solution has been introduced into its interior by processes which are referred
				  to as "injecting," "pump marinating," or "stitch pumping."
"Intact Meat"
means a cut of whole muscle(s)
				  meat that has not undergone comminution, injection, mechanical tenderization or
				  reconstruction.
"Juice"
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 concentrates of such liquid or
				  puree. Juice does not include, for purposes of HACCP, liquids, purees, or
				  concentrates that are not used as beverages or ingredients of beverages.
"Kitchenware"
means food preparation and storage
				  utensils.
"Law"
means applicable local, state, and federal
				  statutes, regulations, and ordinances.
"License"
means the document issued by the
				  Department that authorizes a person to operate a food establishment.
"License holder"
means the entity that is
				  legally responsible for the operation of the food establishment such as the
				  owner, the owner's agent, or other person; and possesses a valid license to
				  operate a food establishment.
"Linens"
means fabric items such as cloth
				  hampers, cloth napkins, table cloths, wiping cloths, and work garments
				  including cloth gloves.
"Major food allergen"
means milk, egg, fish
				  (such as bass, flounder, cod, and including crustacean, such as crab, lobster,
				  or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts,
				  and soybeans; or a food ingredient that contains protein derived from a food
				  specified above.
(A) Major food allergen does not include: Any highly refined
				  oil derived from a food specified in Major Food Allergen definition and any
				  ingredient derived from such highly refined oil; or
(B) 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, bison, swine, sheep, or goats and other
				  edible animals, except fish, poultry, and wild game animals.
"Mechanically tenderized"
means meat manipulated
				  with deep penetration by processes which may be referred to as: "blade
				  tenderizing," "jaccarding," "pinning," "needling," or using blades, pins,
				  needles, or any mechanical device. Mechanically tenderized does not include
				  processes by which solutions are injected into meat. See the definition for
				  injected.
"mg/L"
means milligrams per liter, which is the
				  metric equivalent of parts per million (ppm).
"Misbranding"
means the definition contained in
				  63 O.S. Section 1-1110.
"Mobile food establishment"
means a facility
				  that prepares food and is vehicle mounted (is Department of Transportation road
				  approved, including wheels and axles), is readily moveable and remains at one
				  physical address for no more than twelve (12) hours at one time.
"Mobile pushcart"
means a non-self propelled
				  food unit that can be manually moved by one (1) average adult person.
"Mobile retail food establishment"
means a unit
				  which sells packaged foods from a stationary display at a location that is away
				  from the unit but still at the same physical address, such as a table at a fair
				  or farmer's market, for no more than twelve (12) hours, provided the licensed
				  unit is on premise and readily available for inspection and the food has been
				  prepared in a facility that is regulated by the Good Manufacturing Practices in
				  Title 21 of the CFR or regulated as a license holder pursuant to OAC 310:260,
				  Good Manufacturing Practice Regulations, Oklahoma Department of Agriculture,
				  Food and Forestry, the United States Department of Agriculture, or this
				  Chapter. Mobile food establishments selling only prepackaged foods and engaging
				  in no preparation are not required to pay a plan review fee.
"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 adductor
				  muscle.
"Multi-seasonal food establishment"
means a
				  facility that is under one ownership, is open year-round, and that shall serve
				  snow cones and hot beverages with use of liquid milk.
"Non-continuous cooking"
means the cooking of
				  food in a food establishment using a process in which the initial heating of
				  the food is intentionally halted so that it may be cooled and held for complete
				  cooking at a later time prior to sale or service. Non-continuous cooking does
				  not include cooking procedures that only involve temporarily interrupting or
				  slowing an otherwise continuous cooking process.
"OAC"
means Oklahoma Administrative Code.
"Occasional"
means not habitual; random,
				  irregularly or infrequent and used for special, occasional social gatherings
				  for an event or celebration acting in a specified capacity from time to time,
				  that does not exceed more than four (4) times per year, unless approved by the
				  Department.
"O.S."
means Oklahoma Statute.
"Packaged"
means bottled, canned, cartoned,
				  bagged, or wrapped, whether packaged in a food establishment or a food
				  processing plant. Packaged does not include wrapped or placed in a carry-out
				  container to protect the food during service or delivery to the consumer by a
				  food employee upon consumer request.
"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 food establishment who is responsible for the operation at the time of the
				  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. It may include
				  items such as medicines; first aid supplies; 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 0 and 7 indicate acidity and values
				  between 7 and 14 indicate alkalinity. The value for pure distilled water is 7,
				  which is considered neutral.
"Physical facilities"
means the structure and
				  interior surfaces of a 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 4 categories:
(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 and rodenticides;
(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; and
(D) 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.
"Poultry"
means any domesticated bird (chickens,
				  turkeys, ducks, geese, ratites, guineas or squabs), whether live or dead, as
				  defined in 9 CFR, Part 381 and any migratory waterfowl, game bird, such as
				  pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined
				  in 9 CFR, Part 362 .
"Premises"
means:
(A) The physical facility, its contents, and the contiguous
				  land or property under the control of the license holder; or
(B) The physical facility, its contents, and the land or
				  property not under the control of the license holder, unless its facilities and
				  contents are under the control of the license holder and may impact food
				  establishment personnel, facilities, or operations, and a 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.
"Priority item"
means a provision in this
				  Chapter the application of which contributes directly to the elimination,
				  prevention, or reduction to an acceptable level of hazards associated with
				  foodborne illness or injury and there is no other provision that more directly
				  controls the hazards. Priority item includes an item with a quantifiable
				  measure to show control of hazards such as cooking, reheating, cooling or
				  handwashing.
"Priority foundation item"
means a provision in
				  this Chapter whose application supports, facilitates, or enables one or more
				  priority items. "Priority foundation item" includes an item that requires the
				  purposeful incorporation of specific actions, equipment, or procedures by
				  industry management to attain control of risk factors that contribute to
				  foodborne illness or injury such as personnel training, infrastructure, or
				  necessary equipment, HACCP plans, documentation or record keeping, and
				  labeling.
"Ratite"
means a flightless bird such as an emu,
				  ostrich, or rhea.
"Ready-to-eat food"
means
(A) food that is in a form that is edible without additional
				  preparation to achieve food safety, as specified under OAC
				  310:257-5-46(a)
				  -(c) or OAC
				  310:257-5-47 or
				  OAC
				  310:257-5-49,
				  or is a raw or partially cooked animal food and the consumer is advised as
				  specified under OAC
				  310:257-5-46(d)(1) and
				  (3); or is prepared in accordance with a
				  variance that is granted as specified under OAC
				  310:257-5-46(d)(4);
				  and may receive additional preparation for palatability or aesthetic,
				  epicurean, gastronomic, or culinary purposes and
(B) includes raw animal food that is cooked as specified
				  under OAC
				  310:257-5-46 or
				  OAC
				  310:257-5-47,
				  or frozen as specified under OAC
				  310:257-5-49;
				  raw fruits and vegetables that are washed as specified under OAC
				  310:257-5-27;
				  fruits and vegetables that are cooked for hot holding, as specified under OAC
				  310:257-5-48;
				  All Time/Temperature Control for Safety Food that is cooked to the temperature
				  and time required for the specific food under OAC
				  310:257-5-46
				  through
				  310:257-5-48.1
				  and cooled as specified under OAC
				  310:257-5-57; 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; substances derived from plants such as spices, seasonings,
				  and sugar; a bakery item such as bread, cakes, pies, fillings, or icing for
				  which further cooking is not required for food safety; 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; dried meat and poultry products, such as
				  jerky or beef sticks; and foods manufactured according to 21 CFR Part 113 ,
				  Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed
				  Containers.
"Reduced oxygen packaging"
means:
(A) 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 atmosphere (approximately 21%) at sea
				  level;
(B) A process as specified in paragraph (A) of this
				  definition that involves a food for which hazards Clostridium botulinum or
				  Listeria monocytogenes require control in the final packaged form;
(C) Reduced oxygen packaging includes 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;
(D) 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;
(E) 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 of oxygen, nonrespiring food, and impermeable packaging
				  material
(F) Cook chill packaging, as described in OAC
				  310:257-5-64(d)(E);
				  and
(G) Sous vide packaging, as described in OAC
				  310:257-5-64(d)(D).
"Refuse"
means solid waste not carried by water
				  through the sewage system.
"Regulatory authority"
means a representative,
				  such as an onsite inspector, of the Department.
"Reminder"
means a written statement concerning
				  the health risk of consuming animal foods raw, undercooked, or without
				  otherwise being processed to eliminate pathogens.
"Re-Service"
means the transfer of food that is
				  unused and returned by a consumer after being served or sold and in the
				  possession of the consumer, to another person.
"Restrict"
means to limit the activities of a
				  food employee so that there is no risk of transmitting a disease that is
				  transmissible through food, and the food employee does not work with exposed
				  food, clean equipment, utensils, linens; and unwrapped single-service or
				  single-use articles.
"Restricted egg"
means any check, dirty egg,
				  incubator reject, inedible, leaker, or loss as defined in 9 CFR, Part 590 .
"Restricted use pesticide"
means a pesticide
				  product that contains the active ingredients specified in
				  40 CFR
				  152.175. Pesticides classified for restricted
				  use, and that is limited to use by or under the direct supervision of a
				  certified applicator.
"Risk"
means the likelihood that an adverse
				  health effect will occur within a population as a result of a hazard in a food.
"Safe material"
means:
(A) 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;
(B) An additive that is used as specified in Section 409 of
				  the Federal Food, Drug, and Cosmetic Act; or
(C) 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 5 logs, which is
				  equal to a 99.999% 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.
"Seasonal food establishment"
means a facility
				  that is open no more than 180 consecutive days per physical address per year.
				  The seasonal food establishment is limited to serving coffee and snow cones
				  with use of liquid milk, individually packaged ice cream products, uncut raw
				  fruits, uncut raw vegetables, nuts in the shell, and commercially bottled
				  syrup, sorghum, honey, sweet cider, and other non-Time/Temperature Control for
				  Safety Foods. Seasonal food establishments selling only prepackaged foods and
				  engaging in no preparation are not required to pay a plan review fee.
"Service animal"
means an animal such as a guide
				  dog, signal dog, or other animal as allowed by the ADA, individually trained to
				  provide assistance to an individual with a disability. Service animals are
				  working animals, not pets. The work or task an animal has been trained to
				  provide must be directly related to the person's disability. Animals whose sole
				  function is to provide comfort or emotional support do not qualify as service
				  animals under the ADA.
"Servicing area"
means an operating base
				  location to which a mobile 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.
"Shiga toxin-producing
Escherichia
				  coli
(STEC)"
means any
E. coli
capable of
				  producing Shiga toxins (also called verocytotoxins or "Shiga-like" toxins).
				  STEC infections can be asymptomatic or may result in a spectrum of illness
				  ranging from mild non-bloody diarrhea, to hemorrhagic colitis (i.e., bloody
				  diarrhea) to hemolytic uremic syndrome (HUS-a type of kidney failure). Examples
				  of serotypes of STEC include:
E. coli
O157:H7;
E.
				  coli
O157:NM;
E. coli
O26:H11;
E.
				  coli
O145:NM;
E. coli
O103:H2; and
E.coli
O111:NM. STEC are sometimes referred to as VTEC
				  (verocytotoxigenic
E. coli
) or as EHEC (Enterohemorrhagic
E. coli
). EHEC are a subset of STEC which can cause
				  hemorrhagic colitis or HUS.
"Shucked shellfish"
means molluscan shellfish
				  that have one or both shells removed.
"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.
				  "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, ketchup bottles, and number 10 cans which do not meet
				  the materials, durability, strength, and cleanability specifications under OAC
				  310:257-7-1, OAC
				  310:257-7-13
				  and OAC
				  310:257-7-15
				  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 -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 shrimp.
"Smooth"
means 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; A nonfood-contact surface of
				  equipment having a surface equal to that of commercial grade hot-rolled steel
				  free of visible scale; and a floor, wall, or ceiling having an even or level
				  surface with no roughness or projections that render it difficult to
				  clean.
"Sous Vide"
means a method of cooking in which
				  raw or partially cooked food is vacuum packaged in an impermeable bag, cooked
				  in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the
				  growth of psychrotrophic pathogens.
"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.
"Temperature measuring device"
means a
				  thermometer, thermocouple, thermistor, or other device that indicates the
				  temperature of food, air, or water.
"Tempered"
means a mixture of hot and cold water
				  between 100°F and 120°F.
"Temporary food establishment"
means a food
				  establishment where food is offered for sale or sold at retail from a fixed,
				  temporary facility in conjunction with a single event or celebration not to
				  exceed fourteen (14) consecutive days.
"Time/Temperature Control for Safety Food"
means
				  a food that requires time/temperature control for safety (TCS) to limit
				  pathogenic microorganism growth or toxin formation.
(A) Time/Temperature Control for Safety Food includes:
(i) An animal food that is raw or heat-treated; a plant food
				  that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy
				  greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way
				  so that they are unable to support pathogenic microorganism growth or toxin
				  formation, or garlic-in-oil mixtures that are not modified in a way so that
				  they are unable to support pathogenic microorganism growth or toxin formation;
				  and
(ii) Except as specified (B)(iv) of this definition, a food
				  that because of the interaction of its a w and pH values is designated in the
				  Product Assessment Required (PA) in Tables 1 or 2 of Appendix A of this
				  Chapter:
(B) Time/Temperature Control for Safety Food does not
				  include:
(i) An air-cooled hard-boiled egg with shell intact, or an
				  egg with shell intact that is not hard-boiled, but has been pasteurized to
				  destroy all viable
Salmonellae
;
(ii) A food in an unopened hermetically sealed container that
				  is commercially processed to achieve and maintain commercial sterility under
				  conditions of non-refrigerated storage and distribution;
(iii) A food that because of its a w
				  or pH value, or interaction of a w and pH value, is
				  designated as a non-TCS food as listed in Table 1 or 2 of Appendix A of this
				  Chapter;
(iv) A food that is designated as Product Assessment Required
				  (PA) in Table 1 or 2 of Appendix A of this Chapter and has undergone a Product
				  Assessment showing that the growth or toxin information of pathogenic
				  microorganisms that are reasonably likely to occur in that food is precluded
				  due to:
(I) Intrinsic factors including added or natural
				  characteristics of the food such as preservatives, antimicrobials, humectants,
				  acidulants or nutrients;
(II) Extrinsic factors including environmental or operational
				  factors that affect the food such as packaging, modified atmosphere such as
				  reduced oxygen packaging, shelf-life and use, or temperature range of storage
				  and use; or
(III) A combination of intrinsic and extrinsic factors;
				  or
(v) A food that does not support the growth or toxin
				  formation of pathogenic microorganisms in accordance with (B)(i) - (B)(iv) of
				  this definition above, even though the food may contain a pathogenic
				  microorganism or chemical or physical contaminant at a level sufficient to
				  cause illness or injury.
"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; temperature
				  sensing probes of food temperature measuring devices; and probe-type price or
				  identification tags used in contact with food.
"Variance"
means a written document issued by
				  the Department that authorizes a modification or waiver of one or more
				  requirements of this Chapter, if, in the opinion of the regulatory authority, a
				  health hazard or nuisance will not result from the modification or waiver.
"Vending machine"
means a self-service device
				  that, upon insertion of a coin, paper currency, token, card, key, or by
				  electronic transaction, 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 utensils and food-contact surfaces of equipment.
"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.
Added at 23 Ok Reg 2358,
				  eff 6-25-06; Amended at 26 Ok Reg 1477, eff 6-11-09; Amended at 28 Ok Reg 2289,
				  eff 11-1-11