The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
(1) Department--The Department of State Health Services.
(2) Farmers' market--A designated location used primarily
for the distribution and sale directly to consumers of food by farmers
and other producers.
(3) Fish--As defined in §228.2 of this title (relating
(4) Food--An agricultural, apicultural, horticultural,
silvicultural, viticultural, or vegetable product for human consumption,
in either its natural or processed state, that has been produced or
processed or otherwise has had value added to the product in this
state. The term includes:
(A) fish or other aquatic species;
(B) livestock, a livestock product, or livestock by-product;
(C) planting seed;
(D) poultry, a poultry product, or a poultry by-product;
(E) wildlife processed for food or by-products;
(F) a product made from a product described in this
paragraph by a farmer or other producer who grew or processed the
(5) Potable water--Drinking water.
(6) Poultry--A live or dead domesticated bird.
(7) Produce--Fresh fruits or vegetables.
(8) Producer--A person or entity that produces agricultural
products by practice of the agricultural arts upon land that the person
or entity controls.
(9) Sample--A bite-sized portion of food or foods offered
free of charge to demonstrate its characteristics and does not include
a whole meal, an individual portion, or a whole sandwich.
(10) Time/Temperature Control for Safety (TCS) food--(formerly
Potentially Hazardous Food)--As defined in §228.2 of this title.