Fla. Admin. Code Ann. R. 61C-1.001 - Definitions
Except when otherwise defined in this rule, the definitions provided in s. 1-201.10(B), Food Code, 2017 Recommendations of the United States Public Health Service/Food and Drug Administration; shall apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C. In addition, the following definitions apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C.
(1) Adulterated - As provided in Section
500.10, F.S.
(2) Air curtain - A mechanical device which
produces a controlled plane of moving air at a minimum velocity of 500 feet per
minute across the opening protected and directed so as to prevent the entrance
of flying insects and other airborne contaminants.
(3) Air gap - The unobstructed vertical
distance, through the free atmosphere, between the lowest opening from any pipe
or faucet supplying water to a tank, plumbing fixture, or other device and the
flood-level rim of the receptacle, or the lowest opening from any waste outlet
pipe and the flood-level rim of the receptacle. For a drainage system, the term
also means an air break, which is the unobstructed horizontal distance through
the free atmosphere, between the outer surfaces of any waste outlet pipe and
the inner surfaces of the plumbing device into which it is
discharging.
(4) Approved -
Acceptable to the division following a determination as to conformance with
appropriate sanitation and safety standards and good public health
practice.
(5) Basic Item - An item
defined in the Food Code as a Core Item.
(6) Bedding accommodations - This term
includes a mattress, box spring, bed frame, pillows and bed linens. This term
includes various sizes and types of conventional beds, sleeper type couches,
rollaway or folding type beds, and baby cribs.
(7) Closed - Free of openings larger than
1/32 of an inch.
(8) Commissary - A
public food service establishment licensed by the division or a food
establishment permitted by the Department of Agriculture and Consumer Services,
which is utilized by a mobile food dispensing vehicle or temporary commercial
kitchen for the purpose of providing all required support services, including
potable water and wastewater disposal, that are not available on the mobile
food dispensing vehicle or in the temporary commercial kitchen.
(9) Condiment - Any food such as ketchup,
mayonnaise, mustard, relish, or any other seasoning that is used to enhance the
flavor of other food.
(10) Director
- The director of the Division of Hotels and Restaurants appointed pursuant to
Section 20.165(3),
F.S., or the director's designee, as the context permits.
(11) Fixed food establishment - A public food
service establishment which operates at a specific location and is permanently
connected to electrical, water, and sewage disposal systems.
(12) Food Code - This term as used in
Chapters 61C-1, 61C-3 and 61C-4, F.A.C., means s. 1-201.10(B), sections
2-101.11, 2-102.11, 2-102.20(A), 2-103.11, 2-2, 2-3, 2-4, 2-5, Chapter 3,
Chapter 4, Chapter 5, Chapter 6, Chapter 7, and sections 8-103.10, 8-103.11,
8-103.12, 8-201.13, 8-201.14, 8-304.11(C), 8-304.11(D), 8-404.11, and 8-404.12
of the Food Code, 2017 Recommendations of the United States Public
Health Service/Food and Drug Administration including Annex 3:
Public Health Reasons/Administrative Guidelines; Annex 5: Conducting Risk-based
Inspections (https://www.flrules.org/Gateway/reference.asp?No=Ref-11219),
herein adopted by reference. A copy of the Food Code, as adopted by the
division, is available on the division's Internet website
www2.myfloridalicense.com/hotels-restaurants.
A copy of the entire Food Code is available on the U.S. Food and Drug
Administration Internet website, https://www.fda.gov.
(13) Food establishment - As utilized in the
Food Code, this term shall apply to public lodging establishments and food
service establishments as defined in Chapter 509, F.S., according to the
context of the applicable rule language.
(14) Garbage - Food waste generated on
premises that is not disposed of through the sewage disposal system. The term
also includes solid waste such as discarded containers or wrappers that are
contaminated with food waste.
(15)
High Priority Item - An item defined in the Food Code as a Priority
Item.
(16) Hot water - Hot water
means a water temperature of 100 degrees Fahrenheit or above.
(17) Intermediate Item - An item defined in
the Food Code as a Priority Foundation Item.
(18) Manager - An individual who has direct
authority, control or supervision over employees engaged in the storage,
preparation, display and serving of food to the public.
(19) Misbranded - As provided in Section
500.11, F.S.
(20) Owner - A person, firm or corporation
who, or which, owns or controls the premises.
(21) Potable water - Water satisfactory for
drinking, culinary, and domestic purposes meeting quality standards of Chapters
62-550 and 62-555, F.A.C.
(22)
Premises - The public food service or lodging establishment and the contiguous
land or property under the control of the operator. The property may include
all yards, alleys, driveways, sidewalks, and other exterior portions of the
licensed premises.
(23) Railway -
Either a railing or a guardrail system of building components located near the
open sides of elevated walking surfaces.
(24) Remodel - To make any change to an
existing public food service establishment which affects the sanitation or
safety of the establishment.
(25)
Self-sufficient mobile food dispensing vehicle - A public food service
establishment classified as a mobile food dispensing vehicle that contains, as
part of the vehicle, a three compartment sink for washing, rinsing, and
sanitizing equipment and utensils; a separate handwash sink; adequate
refrigeration and storage capacity; full provision of power utilities including
electrical, LP gas, or a portable power generation unit; a potable water
holding tank; and a liquid waste disposal system in accordance with Subparts
5-3 and 5-4 of the Food Code.
(26)
Self-sufficient temporary commercial kitchen - A public food service
establishment classified as a temporary commercial kitchen that contains, as
part of the portable structure, a three compartment sink for washing, rinsing,
and sanitizing equipment and utensils; a separate handwash sink; adequate
refrigeration and storage capacity; full provision of power utilities including
electrical, LP gas, or a portable power generation unit; a potable water
holding tank; and a liquid waste disposal system in accordance with Subparts
5-3 and 5-4 of the Food Code.
(27)
Sewage - Any liquid waste containing chemicals or animal, mineral, or vegetable
matter, or liquid waste from sinks, bathroom facilities, grinders, garbage
containers, dishwashing machines, floor drains, floor washing, or handwashing
facilities.
(28) Stairway - One or
more flights of stairs or steps, either interior or exterior, and the landings,
platforms, or other supporting structures necessary to connect separate levels
in order to form a continuous passage from one level to another in a building
structure.
(29) Temporary food
service event - Any event of 30 or fewer consecutive days in duration,
advertised and recognized in the community, where food is prepared, served, or
sold to the general public.
(30)
Wholesome - Food which is in sound condition, clean, free from adulteration and
otherwise suitable for human consumption.
Notes
Rulemaking Authority 509.032 FS. Law Implemented 509.032, 509.102 FS.
Amended 9-20-63, 3-21-64, 1-7-70, Revised 2-4-71, Amended 10-18-71, 11-17-73, 12-18-74, 12-5-82, Formerly 7C-1.01, Amended 9-10-89, 12-31-90, 2-27-92, 11-4-92, Formerly 7C-1.001, Amended 3-31-94, 10-9-95, 9-25-96, 1-1-98, 12-6-00, 2-27-05, 8-12-08, 6-26-12, 1-1-13, 3-6-16, 11-1-19, 10-18-23.
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