Statement of Application and Listing of Terms
The following definitionsChanges will need to be made to other state regulations to exempt home cooking operations from the definitions of "food establishment," "retail food facility," "food processing facility" or whatever terminology is used in the state for businesses that make and sell food. These provisions vary widely from state to state. shall apply in the interpretation and application of this Code.
ACCREDITED PROGRAM - means a food protection manager certification program or food handler program that has been evaluated and listed by an accrediting agency as conforming to national or state standards for organizations that certify individuals.
ADULTERATED - has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 402.
APPLICANT - means a person or entity who is applying for a PERMIT to operate a HOME COOKING OPERATION.
APPROVED - means acceptable to the REGULATORY AUTHORITY based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
BEVERAGES - means a liquid for drinking, including water.
BOTTLED DRINKING WATER - means any water that is placed in a sealed container at a water-bottling plant to be used for drinking, culinary, or other purposes involving a likelihood of the water being ingested by humans.
CATERING - means a service conducted by a food facility approved for food preparation where food is served, or limited food preparation is conducted, at a location other than its permitted location, in either of the following circumstances: (1) as part of a contracted off site food service event; or (2) when operating in conjunction with a host facility with direct food sales.
COLOR ADDITIVES - has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t) and 21 CFR 70.3(f).
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 HOME COOKING OPERATION, and does not offer the FOOD for resale.
COOK - means the PERSON IN CHARGE and/or FOOD EMPLOYEE
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.
EASILY CLEANABLE - means a characteristic of a surface that allows effective removal of soil by normal cleaning methods and decreases the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into FOOD.
EGG - means the shell egg of avian species such as chicken, duck, quail, or turkey.
EGG PRODUCTS - means all, or a portion of, the contents found inside EGGS separated from the shell and pasteurized in a food processing plant or raised in the PERMIT HOLDER's property, 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.
EQUIPMENT - means an article that is used in the operation of a HOME COOKING OPERATION such as a freezer, hood, ice maker, mixer, oven, reach-in refrigerator, scale, sink, stove, table, TEMPERATURE MEASURING DEVICE for ambient air, or WAREWASHING machine.
EXCLUDE or EXCLUSION - means to prevent a person from working as a COOK in a HOME COOKING OPERATION or entering a HOME COOKING OPERATION as a COOK until deemed appropriate by the REGULATORY AUTHORITY.
FISH - means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if intended for human consumption. “Fish” also includes alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin, and the roe of these animals.
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.
FOOD EMPLOYEE - means an individual who is handling and working with unpackaged FOOD, FOOD EQUIPMENT, UTENSILS or FOOD-CONTACT SURFACES in connection with the business of the HOME COOKING OPERATION.
FOOD-CONTACT SURFACE - means either of the following: (1)the surface of EQUIPMENT or a UTENSIL with which FOOD normally comes into contact or (b) the surface of EQUIPMENT or a UTENSIL from which FOOD may drain, drip, or splash into food or onto a surface normally in contact with food.
GAME ANIMALS - means an animal, the products of which are FOOD, that is not classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2 Definitions, or as Poultry, or FISH, such as reindeer, elk, or deer.
HANDWASHING SINK - means a lavatory, a basin or vessel especially placed for use in personal hygiene and designed for the washing of the hands.
HAZARD - means a biological, chemical, or physical property that may cause an unacceptable CONSUMER health RISK.
HERMETICALLY SEALED CONTAINERS - 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.
HOME - a private dwelling where one or more persons reside, such as a residential single or multi-family dwelling, an apartment, auxiliary dwelling unit, or a live-work space with permanent residents. HOME does not include an educational institution, residential group home facility, assisted living facility, or health care facility.
HOME COOKING OPERATION - means an enterprise in a private home that is operated by a resident that stores, handles, prepares and packages food for CONSUMERS.
LAW - means applicable local, state, and federal statutes, regulations, and ordinances.
LINENS - means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.
MAJOR FOOD ALLERGENS - means milk, EGG, FISH (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp) tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, sesame, and soybeans; or a food ingredient containing protein derived from one of these FOODS.
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, POULTRY, and wild GAME ANIMALS.
MENU - means the primary writing(s) of the HOME COOKING OPERATION from which a CONSUMER makes an order selection, including, but not limited to, breakfast, lunch, and dinner menus; dessert menus; beverage menus; children's menus; other specialty menus; electronic menus; and menus on the internet, such as on a social media page.
ONLINE FOOD MARKETPLACE - means an entity that provides a platform on its internet website or mobile application through which a HOME COOKING OPERATION may choose to offer food for sale and from which the ONLINE FOOD MARKETPLACE derives revenues, including, but not limited to, revenues from advertising and fees for services offered to a HOME COOKING OPERATION. Services offered by an ONLINE FOOD MARKETPLACE to a HOME COOKING OPERATION may include, but are not limited to, allowing a HOME COOKING OPERATION to advertise its food for sale and providing a means for potential CONSUMERS to arrange payment for the food, whether the CONSUMER pays directly to the HOME COOKING OPERATION or to the ONLINE FOOD MARKETPLACE. Merely publishing an advertisement for the HOME COOKING OPERATION or food cooked therein does not make the publisher an ONLINE FOOD MARKETPLACE.
PACKAGED - means bottled, canned, cartoned, bagged, or wrapped. 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.
PERMIT - means the document issued by the REGULATORY AUTHORITY that authorizes a person to operate a HOME COOKING OPERATION.
PERMIT HOLDER - means the person or entity that: (1) Is legally responsible for the operation of the HOME COOKING OPERATION such as the owner or the owner's agent; and (2) Possesses a valid PERMIT to operate a HOME COOKING OPERATION.
PERSON IN CHARGE means the individual present at a HOME COOKING OPERATION who is responsible for the operation at the time of inspection.
POISONOUS OR TOXIC MATERIALS - means substances that are not intended for ingestion, such as cleaners, paint, sanitizers, acids, drying agents, pesticides, insecticides, personal care items.
POULTRY - means: (1) Any domesticated bird (chickens, turkeys, ducks, geese, guineas, or rabbits), whether live or dead, as defined in 9 CFR 381.1 Poultry Products Inspection Regulations Definitions, Poultry; and (2) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 CFR 362.1 Voluntary Poultry Inspection Regulations, Definitions.
STATE AGENCY - means the government agency at the state level with jurisdiction over HOME COOKING OPERATIONS.
READY-TO-EAT FOODS - means FOOD that is in a form that is edible and safe to eat without washing, cooking or additional preparation by the CONSUMER and that is reasonably expected to be consumed in the form in which it is provided to the consumer or after reheating by the consumer.
REGULATORY AUTHORITY - means the state or local jurisdiction, such as the county, having jurisdiction over HOME COOKING OPERATIONS.
RESTRICT or RESTRICTION - means to limit the activities of a COOK so that there is no RISK of transmitting a disease that is transmissible through FOOD and the COOK does not work with exposed FOOD, clean EQUIPMENT, UTENSILS, LINENS, or unwrapped SINGLE-SERVICE or SINGLE-USE ARTICLES.
RISKS - means the likelihood that an adverse health effect will occur within a population as a result of a HAZARD in a FOOD.
SANITIZATION - means the application of cumulative heat or chemicals that drastically reduces or eliminates the disease microorganisms of public health importance on EQUIPMENT, UTENSILS, LINENS, or FOOD CONTACT SURFACES.
SERVICE ANIMALS - means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
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, such as plastic wrap, jars, plastic tubs, or ketchup bottles.
SLACKING - means the process of moderating the temperature of a FOOD such as allowing a FOOD to gradually increase from a temperature of -23oC (-10oF) to -4oC (25oF) 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, inclusions, or roughness that is EASILY CLEANABLE.
TABLEWARE - means eating, drinking, and serving UTENSILS for table use such as flatware including forks, knives, spoons, bowls, cups, serving dishes and plates.
TEMPERATURE MEASURING DEVICES - means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of FOOD, air, or water.
THIRD-PARTY DELIVERY SERVICE - means any business that delivers FOOD to CONSUMERS on behalf of a business the THIRD-PARTY DELIVERY SERVICE does not own, run, or manage.
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, as defined in FDA Model Food Code 1-201.10(B).
UTENSIL - means a FOOD-CONTACT implement or container used in the storage, preparation, transportation, dispensing, sale, or service of FOOD, such as TABLEWARE that is multiuse, SINGLE-SERVICE, or SINGLE-USE; gloves used in contact with FOOD; FOOD TEMPERATURE MEASURING DEVICES.
VENTILATION SYSTEM - means a mechanism to prevent the dispersion into the air of dusts, fumes, mists, vapors, and gases in concentrations causing harmful exposure, such as an oven hood. Such exhaust systems shall be so designed that dusts, fumes, mists, vapors, or gases are not drawn through the work area of employees.
WAREWASHING - means the cleaning and SANITIZING of UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT.