Sec. 64E-11.002 - Definitions

§ 64E-11.002. Definitions

Unless defined below, terms and phrases have the same definition provided in paragraph 1-201.10(B), Food Code, 2013 Recommendations of the United States Public Health Service, Food and Drug Administration, NTISP PB2013-110462 ("Food Code"). The Food Code is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09894.

(1) "Adulterated" - Food shall be considered to be adulterated:

(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health, or

(b) If it bears or contains any added poisonous or added deleterious substance, other than one which is a pesticide chemical in or on a raw agricultural commodity, which in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready to eat, is not greater than the tolerance prescribed for the raw agricultural commodity, or

(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, which renders it unfit for consumption, or

(d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health, or

(e) If it is the product of a diseased animal, an animal which has died otherwise than by slaughter, or an animal that has been fed the uncooked offal from a slaughter house, or from other food establishments, or

(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(2) "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.

(3) "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.

(4) Approved Source - Food originated from an establishment that is under the regulatory authority of a state or federal agency.

(5) Bars and Lounges - A facility which possesses a consumption on premises alcoholic beverage license from the Division of Alcoholic Beverages & Tobacco; where food service is limited to:

(a) The preparation of drinks; or

(b) The service of snack foods (such as, chips, popcorn and pretzels); or

(c) The service of time/temperature control for safety foods and no preparation of time/temperature control for safety food occurs.

(6) Catering Operation - A food service establishment operation that prepares food at one location for delivery to and individual portion service at another location.

(7) Civic - Any organization, excluding Division of Blind Services, who offers food service to the public; and,

(a) Possesses tax exempt status under 26 U.S.C. section 501(c)(4), or

(b) Is incorporated and operates primarily to further the common good and general welfare of the people of the community, whether for profit or not.

(8) "Commissary" - A food service establishment or any other commercial establishment where food, containers, or supplies are stored, prepared, or packaged, or where utensils are sanitized for transit to, and sale or service at, other locations.

(9) Community Based Residential Facility - A facility as defined in rule 64E-12.002, of the Florida Adminstrative Code.

(10) Extensively Remodeled - Structural changes to an existing establishment which costs in excess of 50 percent of the establishment's assessed value, as indicated by the county property appraiser.

(11) "Fixed food establishment" - A food service establishment which operates at a specific location and is connected to electrical, water, and sewage disposal systems.

(12) "Food preparation" - The manipulation of foods intended for human consumption by such means as washing, slicing, peeling, chipping, shucking, scooping, and/or portioning. The term also includes those activities involving temperature changes, combining ingredients, opening ready-to-eat food packages, or any other activity causing physical or chemical alterations in the food.

(13) Fraternal - An organization primarily operating for social, intellectual, educational, charitable, benevolent, moral, patriotic, or religious purposes for the benefit of its members, that offers food service to its members or the public at their facility and possesses a charter.

(14) Frankfurter - As defined in 9 C.F.R. § 319.180 (01-01-2018) herein incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09895.

(15) "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.

(16) Highly Susceptible Population - A group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised, institutionalized older adults, preschool age children in custodial care, or elementary school age children.

(17) Hot Water - A minimum water temperature of 100 degrees Fahrenheit or above.

(18) "Indirect waste connection" - An indirect waste connection is a liquid waste pipe that is connected with the sewerage system through an air gap or air break.

(19) Limited Food Service Operation - Any establishment with a food service operation, so limited by the type and quantity of foods prepared and the equipment utilized, that it poses a lesser degree of risk to the public's health, and, for the purpose of fees, requires less time to monitor. The term includes small seasonally operated concessions stands at schools, regardless of the level of food preparation, provided the concession stand is only operated in conjunction with sporting events, festivals, or similar activites, as well as satellite kitchens that dispense catered meals and similar facilities.

(20) "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.

(21) "Misbranded" - Food shall be considered to be misbranded:

(a) If in packaged form it lacks a label containing the name and place of business of the manufacturer, packer, or distributor; or an accurate statement of the contents, or

(b) If it is offered for sale under the name of another food, or

(c) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed and it is not.

(22) "Mobile food unit" - Any food service unit which is self-propelled or otherwise moveable from place to place and is self-sufficient for utilities, such as gas, water, electricity and liquid waste disposal, whose commissary is a DOH regulated food service establishment.

(23) Perishable Food - Any food of such type or in such condition as may spoil. Food contained in hermetically sealed containers processed by heat or other means to prevent spoilage and properly packaged, dehydrated, dried or powdered foods so low in moisture content as to retard development of microorganisms are not considered readily perishable.

(24) "Plumbing authority" - The local governing body, such as a county or city building inspection department which has adopted a plumbing code and has authority to interpret, inspect, and provide enforcement of plumbing standards.

(25) Premises - The physical food service establishment and the contiguous land or property under the control of the manager, operator or owner of the establishment.

(26) "Product thermometer" - A thermometer, thermocouple, thermistor or other device that when inserted into food indicates the temperature of the food. This term does not include non-product ambient temperature sensing devices.

(27) "Reconstitute" - The recombination of dehydrated food products with potable water or other suitable liquids.

(28) "Sanitation Certificate" - A license issued by the department to operate a food service establishment.

(29) Safe Temperature - 135 degrees Fahrenheit or above or 41 degrees Fahrenheit or below.

(30) Snack - A commercially pre-packaged, non-time/temperature control for safety ready-to-eat-food item that is wrapped for individual consumption.

(31) "Temporary food service event" - Any event offering food service on the premises of a food service establishment approved by the department. These events are at a fixed location for a temporary period of time not to exceed any combination of 18 days within a calendar year and in conjunction with a single event or celebration.

(32) Theater - A facility that shows motion pictures and offers food, such as popcorn, hot dogs, soft drinks, nachos and cheese, and pre-packaged snack items, for consumption by the admittees of such theaters.

(33) "Wholesome" - Food which is in sound condition, clean, free from adulteration and otherwise suitable for human consumption.

(New 1-1-77, Amended 1-6-81, Formerly 10D-13.22, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.009, Amended 6-1-93, 11-30-93, 8-28-96, Formerly 10D-13.022, Amended 3-15-98, 7-14-03, 4-1-09, Amended by Florida Register Volume 44, Number 177, September 11, 2018 effective 9-26-18.)

Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS.

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