All definitions found in §228.2 of this title (relating
to Definitions) are applicable to this subchapter. The following words
and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Food--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.
(2) Food employee--An individual working with unpackaged
food, food equipment or utensils, or food-contact surfaces.
(3) Food establishment--
(A) A food establishment is an operation that:
(i) stores, prepares, packages, serves, or vends food
directly to the consumer, or otherwise provides food for human consumption,
such as:
(I) a restaurant;
(II) a retail food store;
(III) a satellite or catered feeding location;
(IV) a catering operation if the operation provides
food directly to a consumer or to a conveyance used to transport people;
(V) a market;
(VI) a vending machine location;
(VII) a self-service food market;
(VIII) a conveyance used to transport people;
(IX) an institution; or
(X) a food bank; and
(ii) 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
provided by common carriers.
(B) A food establishment includes:
(i) an element of the operation, such as a transportation
vehicle or a central preparation facility supplying a vending machine
location or satellite feeding location unless the vending machine
or feeding location is permitted by the regulatory authority; and
(ii) an operation conducted in a mobile, stationary,
temporary, or permanent facility or location and where consumption
is on or off the premises regardless if there is a charge for the
food.
(C) A food establishment does not include:
(i) an establishment offering only prepackaged foods
that are not time and temperature control for safety (TCS) foods;
(ii) a produce stand only offering whole, uncut fresh
fruits and vegetables;
(iii) a food processing plant, including one located
on the premises of a food establishment;
(iv) a cottage food production operation;
(v) a bed and breakfast limited as defined in §228.2(5)
of this title (relating to Definitions); or
(vi) a private home receiving catered or home-delivered
food.
(4) Food service establishment--A food establishment
as defined in these rules.
(5) Group residence--A private or public housing corporation
or institutional facility providing living quarters and meals. The
term includes a domicile for unrelated persons such as a retirement
home, correctional facility, or a long-term care facility.
(6) Nonprofit organization--A civic or fraternal organization,
charity, lodge, association, proprietorship, or corporation possessing
a 501(c) exemption under the Internal Revenue Code; or a religious
organization. Nonprofit organizations are exempt from obtaining a
permit as specified in §229.372(c) of this chapter (relating
to Permitting Fees and Procedures). Nonprofit organizations are not
exempt from the payment of an inspection fee as required under §229.472
of this subchapter (relating to Inspection Fees and Procedures).
(7) School food establishment--A food service establishment
where food is prepared or served and intended for service primarily
to students in public and private schools, including kindergarten,
preschool and elementary schools, junior high schools, high schools,
colleges, and universities. A school food establishment is a food
establishment and may include concession stands located on the school
premises or other school-sponsored venues. School food establishments
are managed and operated under the supervision of school district
employees.
(8) Temporary food establishment--A food establishment
operating for a period of no more than 14 consecutive days in conjunction
with a single event or celebration.
(9) Time and temperature control for safety food (TCS
food)--A food requiring time and temperature control for safety to
limit pathogen growth or toxin production. The term includes a food
that must be held under proper temperature controls, such as refrigeration,
to prevent the growth of bacteria that may cause human illness. A
TCS food may include a food containing protein and moisture and that
is neutral or slightly acidic, such as meat, poultry, fish, and shellfish
products; pasteurized and unpasteurized milk and dairy products; raw
seed sprouts; baked goods requiring refrigeration, including cream
or custard pies or cakes; and ice products. The term does not include
a food using TCS food as ingredients if the final food product does
not require time or temperature control for safety to limit pathogen
growth or toxin production.
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