Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 1 - Purpose and Definitions › Section 310:258-1-2 - 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.
"Additive"
means as used in this Chapter for the
				  following terms:
(A)
"Color additive"
means as stated in the
				  Federal Food, Drug, and Cosmetic Act,
				  21 U.S.C. Section
				  321(t) and 21 CFR, Part 70
				  .
(B)
"Food additive"
means as stated in the
				  Federal Food, Drug, and Cosmetic Act,
				  21 U.S.C. Section
				  321(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.
"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.
"Certified applicator"
means any individual who
				  is certified under the Federal Herbicide, Fungicide, and Rodenticide Act,
				  U.S.C., Section 136(e)(1) 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.
"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.
"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.
"Community water system"
means any public water
				  supply system, which serves at least 15 service connections, used year round or
				  regularly serves 25 customers per day.
"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 an unattended food establishment or food processing plant, and does
				  not offer the food for resale.
"Controlled entry"
means selective restriction
				  or limitation of access to a place or location.
"Customer self-service"
means customer selection
				  of a prepackaged 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 leafy 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.
"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.
"Dispensed beverage"
means a beverage or ice
				  that is dispensed in its unpackaged form from a machine.
"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.
"EPA"
means the U.S. Environmental Protection
				  Agency.
"Equipment"
means an article that is used in the
				  operation of an unattended food establishment such as a freezer, reach-in
				  refrigerator, or temperature measuring device for ambient air. 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.
"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.
"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, food establishment, or unattended food
				  establishments.
"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.
"Hazard"
means a biological, chemical, or
				  physical property that may cause an unacceptable consumer health risk.
"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.
"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.
"Juice"
means, when used in the context of food
				  safety, 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.
"License"
means the document issued by the
				  Department that authorizes a person to operate an unattended food
				  establishment.
"License holder"
means the entity that is
				  legally responsible for the operation of the unattended food establishment such
				  as the owner, the owner's agent, or other person; and possesses a valid license
				  to operate an unattended food establishment.
"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 Federal Food, Drugs, and Cosmetics Act,
				  21 U.S.C. Section
				  343.
"Non-community water system"
means any public
				  water supply system, which serves an average of at least 25 individuals at
				  least 60 days per year and is not a community water system.
"OAC"
means Oklahoma Administrative Code.
"O.S."
means Oklahoma Statute.
"Packaged"
means bottled, canned, cartoned,
				  bagged, or wrapped, whether packaged in a food processing plant.
"Person"
means an association, a corporation,
				  individual, partnership, other legal entity, government, or governmental
				  subdivision or agency.
"Physical facilities"
means the structure and
				  interior surfaces of an unattended food establishment including accessories
				  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.
"Premises"
means the physical facility, its
				  contents, and the contiguous land or property under the control of the license
				  holder or the contracted establishment.
"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.
"Restricted use pesticide"
means a pesticide
				  product that contains the active ingredients specified in
				  40 CFR, Section
				  152.175. Pesticides classified for restricted
				  use, and that is limited to use by or under the direct supervision of a
				  certified applicator.
"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.
"Sewage"
means liquid waste containing animal or
				  vegetable matter in suspension or solution and may include liquids containing
				  chemicals in solution.
"Single-use articles"
means utensils and food
				  containers designed and constructed to be used once and discarded.
"Temperature measuring device"
means a
				  thermometer, thermocouple, thermistor, or other device that indicates the
				  ambient air temperature within a cold holding unit.
"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. Time/Temperature Control
				  for Safety Food includes: 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 that
				  results in mixtures that do not support growth or toxin formation.
"Unattended food establishment"
means an
				  operation that provides packaged foods or whole fruit using an automated
				  payment system and has controlled entry not accessible by the general public.
"USDA"
means the U.S. Department of Agriculture.
"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.