§ 22-152. Definitions  


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  • 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 food means a food containing any poisonous or deleterious substance as specified in V.T.C.A., Health and Safety Code § 431.002(17), as the same may be amended.

    Approved means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

    Base of operation means an operating base location to which a mobile food establishment transportation vehicle returns as needed for such things as discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

    Bed and breakfast means an establishment with rooms for rent that serves only breakfast to overnight guests. The establishment is not a retail food establishment and the owner or manager shall successfully complete an accredited food manager's certification course.

    Bed and breakfast food establishment means an establishment that provides food service other than breakfast to its overnight guests. The establishment must meet the rules and regulations applicable to retail food establishments.

    Beverage means a liquid for drinking, including water.

    Child care center means any facility licensed by the regulatory authority to receive 13 or more children for child care which prepares food for on-site consumption.

    Cleaned in place means the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. The term "cleaned in place" does not include the cleaning of equipment such as band saws, slicers or mixers that are subject to in-place manual cleaning without the use of a CIP system.

    Code of Federal Regulation (CFR) means the compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.

    Commissary means a catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored.

    Common dining area means a central location in a group residence where people gather to eat at mealtime. The term "common dining area" does not apply to a kitchenette or dining area located within a resident's private living quarters.

    Confirmed disease outbreak means a foodborne illness outbreak in which laboratory analysis of appropriate specimens identifies a causative organism and epidemiological analysis.

    Consumer means a person who is a member of the public, take possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer for resale.

    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.

    Critical means a provision of these rules that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, injury, or environmental health hazard.

    Critical control point means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.

    Critical limit means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.

    Dry storage area means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items.

    Easily cleanable means surfaces that are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

    Employee means the permit holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.

    Equipment means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, steam table, temperature measuring device for ambient air, vending machine, ware washing machine, and similar items other than utensils, used in the operation of a food service establishment.

    Failing score means when an establishment receives an accumulation of critical and noncritical violations resulting in a rating below standards.

    Fish means fresh or saltwater finfish, crustaceans and other forms of aquatic life other than birds or mammals, and all mollusks, if such animal life is intended for human consumption. The term includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

    Food employee means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

    Food establishment means an operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment; retail food store; satellite or catered feeding location; catering operation; market; remote catered operations; and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders; restaurant take-out orders; or where consumption is on or off the premises; and regardless of whether there is a charge for the food. The term "food establishment" does not include: a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function, such as a religious or charitable organization's bake sale; bed and breakfast limited facility as defined in this article; or a private home.

    Food processing plant means a commercial operation that manufactures, packages, labels or stores food for human consumption and does not provide food directly to a consumer. The term "food processing plant" does not include a "food establishment" as previously defined.

    Foodborne disease outbreak means an incident in which two or more persons experience a similar illness after ingestion of a common food, and epidemiological analysis implicates the food as the source of the illness; except that in the cases of botulism or chemical poisoning, one ill person shall constitute an outbreak.

    Food-contact surface means a surface of equipment or a utensil with which food normally comes into contact; or a surface of equipment or a utensil from which food may drain, drip, or splash into a food, or onto a surface normally in contact with food.

    Fresh means recently made, produced or harvested.

    Hazard means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

    Hazard analysis critical control point (HACCP) means a rational, systematic approach that identifies and monitors specific foodborne hazards (biological, physical or chemical) that may adversely affect the safety of the food product. This system utilizes the HACCP Principles as defined by the National Advisory Committee on Microbiological Criteria for Foods (NACMCF), 1992, or its successor document.

    Hazard analysis critical control point plan means a written document that delineates the formal procedures for following the HACCP principles developed by the National Advisory Committee on Microbiological Criteria for Foods.

    Hermetically sealed container 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 a group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults; and in a facility that provides health care or assisted living services, such as a hospital or nursing home; or preschool age children in a facility that provides custodial care, such as a child care center.

    Hot truck means a vehicle-mounted food establishment which prepares foods on site within the vehicle. The vehicle is equipped to comply with regulations applicable to a fixed food service establishment.

    Imminent health hazard means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.

    Kitchenware means all multiuse utensils other than tableware.

    Law means federal, state, and local statutes, ordinances, and regulations.

    Linens means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

    Mobile food unit means a vehicle-mounted food establishment designed to be readily moveable.

    Molluscan shellfish means 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.

    Packaged means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant. The term "packaged" does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.

    Permit means the document issued by the regulatory authority that authorizes a person to operate a food permit.

    Person in charge means the individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.

    Personal care items means 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. The term "personal care items" includes such items as medicines; first aid supplies; and other items such as cosmetics and toiletries such as toothpaste and mouthwash.

    Personal items means articles belonging to employees.

    Poisonous or toxic materials means substances that are not intended for ingestion including cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes and other chemicals; pesticides and rodenticides; and substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health.

    Potable means suitable or safe for drinking.

    Potable water means water that is fit for drinking.

    Potentially hazardous food means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term "potentially hazardous food" does include clean, whole, uncracked, odor-free shell eggs. The term does not include foods which have a pH level of 4.5 or below or a water activity (Aw) value of 0.85 or less.

    Premises means the physical facility, its contents, and the contiguous land or property under the control of the permit holder; or the physical facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permit holder that may impact food establishment personnel, facilities, or operations, if a food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

    Pushcart means a non-self-propelled mobile food unit limited to serving only prepackaged, non-potentially-hazardous food or prepackaged ice cream. A pushcart is classified as a mobile food unit.

    Ready-to-eat food means food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form. The term "ready-to-eat" includes unpackaged potentially hazardous food that is cooked to the temperature and time required for the specific food under 25 Tex. Admin. Code § 229.164(k) (the Texas Food Establishment Rules); raw, washed, cut fruits and vegetables; whole, raw, fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet; and other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks or shells are removed.

    Refuse means solid waste not carried by water through the sewage system.

    Regulatory authority means the mayor of the city or his designated representative.

    Safe material means an article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food; an additive that is used as specified in V.T.C.A., Health and Safety Code ch. 431, or other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration.

    Sanitization means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce bacterial count, including pathogens, to a safe level on utensils and equipment.

    Sealed means free of cracks or other openings that allow the entry or passage of moisture.

    Seasonal food establishment means a food service establishment that operates at a fixed location for a period greater than 14 consecutive days, but less than 60 consecutive days in conjunction with a single event or celebration.

    Sewage means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

    Single-service articles means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one-person use and then discarded.

    Single-use articles means utensils and bulk food containers designed and constructed to be used once and discarded. The term "single-use articles" includes items such as wax paper, butcher paper, plastic wrap, formed aluminum containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number ten cans which do not meet the material, durability, strength, and cleanability specifications under 25 Tex. Admin. Code § 229.165(x)(1), (c)(1), and (d)(1) (the Texas Food Establishment Rules) (relating to equipment, utensils, and linens) for multiuse utensils.

    Slacking means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of minus 23 degrees Celsius (minus ten degrees Fahrenheit) to minus four degrees Celsius (25 degrees Fahrenheit) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously lock-frozen food such as spinach.

    Sound condition means free from defect, decay or damage; healthy.

    Sufficient size means as much as is needed; adequate to contain all materials.

    Temporary food establishment means a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.

    Utensil means any implement used in the storage, preparation, transportation, or service of food.

    Vending machine means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

    Vending machine location means the room, enclosure, space or area where one or more vending machines are installed and operated and includes the storage and servicing areas on the premises that are used to service and maintain the vending machines.

    Warewashing means the cleaning and sanitizing of food-contact surfaces of equipment and utensils.

    Wholesome means in good condition, healthy.

(Code 1993, § 113.02; Ord. No. 01-11-542, 11-19-2001)