§ 30-651. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adulterated means the condition of a food if it:

(1)

Bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

(2)

Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established;

(3)

Consists in whole or in part any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;

(4)

Has been processed, prepared, packed, or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

(5)

Is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or

(6)

The container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

Approved means acceptable to the health authority based on his determination as to conformance with appropriate standards and good public health practice.

Closed means fitted together snugly leaving no openings large enough to permit the entrance of insects and/or rodents.

Corrosion resistant material means a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.

Easily cleanable means readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.

Employee means any person working in a food service establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment.

Equipment means all stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steamtables, and similar items, other than utensils, used in the operation of a food service establishment.

Food means any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

Food contact surfaces means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.

Food service establishment means any fixed or mobile restaurant, coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public, or nonprofit organization or institution routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

Health authority means the director of health or his designated representative.

Kitchenware means all multiuse utensils other than tableware used in the storage, preparation, conveying, or serving of food.

Misbranded means the presence of any written, printed, or graphic matter; upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable state or local labeling requirements.

Perishable food means any food of such type or in such condition as may spoil.

Potentially hazardous food means any perishable food which consists in whole or in part of milk, milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

Safe temperatures, as applied to potentially hazardous food, means temperatures of 45 degrees Fahrenheit or below and 145 degrees Fahrenheit or above.

Sanitize means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying microorganisms, including pathogens.

Sealed means free of cracks or other openings which permit the entry or passage of moisture.

Single service articles means cups, containers, lids, or closures; plates, knives, forks, spoons, stirrers, paddles; straws, place mats, napkins, doilies, wrapping material; and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.

Tableware means all multiuse eating and drinking utensils, including flatware (knives, forks, and spoons).

Temporary food service establishment means any food service establishment which operates at a fixed location or is mobile for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering.

Utensil means any tableware and kitchenware used in storage, preparation, conveying, or serving of food.

Wholesome means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.

(Code 1956, § 26-41.1)

Cross reference

Definitions generally, § 1-2.