| (77) License holder--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 permit to operate
a food establishment. Can also be referred to as a permit holder as
defined in paragraph (93) of this section.
(78) Linens--Fabric items such as cloth hampers, cloth
napkins, tablecloths, wiping cloths, and work garments including cloth
gloves.
(79) Listeria monocytogenes --A
rod-shaped bacteria that can be found in soil and water. Animals can
carry the bacterium without appearing to be ill and can contaminate
foods of animal origin. A serious infection called Listeriosis is
usually caused by eating food contaminated with
Listeria monocytogenes.
(80) Livestock--Cattle, sheep, swine, goats, horses,
mules, other equine, poultry, domesticated rabbits, exotic animals,
and domesticated birds. Livestock are amenable to inspection.
(81) Major Food Allergen--A food allergen is a food
protein that causes an adverse immune response. The eight specific
foods that are known as major food allergens include dairy, eggs,
wheat, soy, peanuts, tree nuts, fish and shellfish or any food ingredients
that contain protein derived from these foods. This does not include
any highly refined oil derived from a food specified in this paragraph
or 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).
(82) Meat--The flesh of animals used as food including
the dressed flesh of cattle, swine, sheep, or goats and other edible
animals, except fish as defined in paragraph (51) of this section,
poultry as defined in paragraph (103) of this section, and game animals
as defined in paragraph (60) of this section that are offered for
human consumption.
(83) Mechanically tenderized--Manipulating meat with
deep penetration by processes which may be referred to as "blade tenderizing,"
"jaccarding," "pinning," "needling," or using blades, pins, needled
or any mechanical device. It does not include processes by which solutions
are injected into the meat.
(84) mg/L--Milligrams per liter, which is the metric
equivalent of parts per million (ppm).
(85) Mobile Food Unit (MFU)--A vehicle mounted, self
or otherwise propelled, self-contained food service operation, designed
to be readily movable (including, but not limited to catering trucks,
trailers, push carts, and roadside vendors) and used to store, prepare,
display, serve or sell food. Mobile units must completely retain their
mobility at all times. A Mobile Food Unit does not include a stand
or a booth. A roadside food vendor is classified as a MFU.
(86) Modified atmosphere packaging--A method of packaging
food 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.
(87) Molluscan shellfish--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.
(88) Non-Continuous cooking--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. It
does not include cooking procedures that only involve temporarily
interrupting or slowing an otherwise continuous cooking process.
(89) Non-Time/Temperature Control for Safety (NTCS)
food--(formerly non-Potentially Hazardous Food (non-PHF)), 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 Salmonella. 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. A food that because of its pH or Aw value, or interaction of A
w and pH values, is designated as a NTCS food in Table A and
Table B in the Figure in §228.2(144). A food that is designated
as Product Assessment Required (PA) in Table A and Table B in the
Figure in §228.2(144) and has undergone a PA showing that the
growth or toxin formation of pathogenic microorganisms that are reasonably
likely to occur in that food is precluded due to either:
(A) intrinsic factors including added or natural characteristics
of the food such as preservatives, antimicrobials, humectants, acidulants,
or nutrients;
(B) 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;
(C) a combination of intrinsic and extrinsic factors;
or
(D) a food that does not support the growth of or toxin
formation of pathogenic microorganisms in accordance with one or more
of the conditions above in this definition even though the food may
contain a pathogenic microorganism or chemical or physical contaminant
at a level sufficient to cause illness or injury.
(90) Outfitter operation--Any operation such as but
not limited to trail rides, bus tours, harbor cruises or river raft
trips where food is offered to patrons and which operates out of a
central preparation location or food establishment.
(91) Packaged--Bottled, canned, cartoned, bagged, or
wrapped, whether in a food establishment or in a food processing plant.
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.
(92) Permit--The document issued by the regulatory
authority that authorizes a person to operate a food establishment.
Can also be referred to as a license as per paragraph (76) of this
section.
(93) Permit holder--The entity that is legally responsible
for the operation of the food establishment such as the owner, the
owner's agent, or other person who possesses a valid permit to operate
a food establishment. Can also be referred to as a license holder
as per paragraph (77) of this section.
(94) Person--An association, corporation, individual,
partnership, other legal entity, government, or governmental subdivision
or agency.
(95) Person in charge (PIC)--The individual present
at a food establishment who is responsible for the operation at the
time of inspection.
(96) Personal care items--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.
Includes but is not limited to medicines, first aid supplies, cosmetics,
and toiletries such as tooth paste and mouthwash.
(97) pH--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.
(98) Physical facilities--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.
(99) Plumbing Code--The International Plumbing Code,
2009 edition, including appendices C, E, F, and G, published by the
International Code Council as amended by 16 TAC §70.101 (relating
to Amendments to Mandatory Building Codes) or a Plumbing Code adopted
by a local regulatory authority, whichever is more stringent.
(100) Plumbing fixture--A receptacle or device that
is either temporarily or permanently 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.
(101) Plumbing system--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.
(102) Poisonous or toxic materials--Substances that
are not intended for ingestion and are in the following four categories:
(A) cleaners and sanitizers including but not limited
to cleaning and sanitizing agents and agents such as caustics, acids,
drying agents, polishes, and other chemicals;
(B) pesticides including substances such as insecticides
and rodenticides;
Cont'd... |
