Ga. Comp. R. & Regs. R. 40-7-19-.02 - Definitions

As used in this Chapter, the term:

(1) "Bulk food" means food in aggregate containers from which quantities desired by the consumer are withdrawn.

(2) "Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a Food Sales Establishment or Food Processing Plant, and does not offer the food for resale.

(3) "Cottage food operator" means a person who produces cottage food products only in the home kitchen of that person's primary domestic residence and only for sale directly to the consumer.

(4) "Cottage food products" means non-potentially hazardous baked goods, jams, jellies, preserves, and other non-potentially hazardous foods produced in the home kitchen of a domestic residence.

(5) "Domestic residence" means a single-family dwelling or an area within a rental unit where a single person or family actually resides; but does not include any group or communal residential setting within any type of structure or any outbuilding, shed, barn, or other similar structure.

(6) "Easily Cleanable" means a characteristic of a surface that:

(a) Allows effective removal of soil by normal cleaning methods;

(b) Is dependent on the material, design, construction, and installation of the surface; and

(c) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

(7) "Equipment" means a normal household article that is used in the manufacture of cottage food products such as a freezer, grinder, hood, ice maker, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature-measuring device, or warewashing machine; but does not include industrial or commercial grade equipment that, due to their size, cannot be effectively cleaned in residential sinks or dishwashers.

(8) "Food" means 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.

(9) "Foodborne disease outbreak" means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

(10) "Food-contact surface" means:

(a) A surface of equipment or a utensil with which food normally comes into contact; or

(b) 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.

(11) "Home kitchen" means a kitchen primarily intended for use by the residents of a home. It may contain one or more stoves or ovens, which may be a double oven, designed for residential use. It must not include commercial types of equipment.

(12) "License" means the document issued by the Department that authorizes a cottage food operator to produce cottage food products in their home kitchen. The Cottage Food License should not be considered a loophole or alternative to the Food Establishment License, or the requirement to obtain a Food Establishment License for Food Establishments under Subject 40-7-1.

(13) "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped in a cottage food operation. "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.

(14) "Permitted area" means the portion of a domestic residence housing a home kitchen where the preparation, packaging, storage, or handling of cottage food products occurs.

(15) "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; which include items such as medicines, first aid supplies, cosmetics, and toiletries such as toothpaste and mouthwash.

(16) "Potentially hazardous foods" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, or the growth and toxin production of Clostridium botulinum.

(17) "Public water system" has the meaning stated in 40 CFR 141.

(18) "Read-to-Eat Food" means a bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety.

(19) "Single-Use Articles" means utensils and bulk food containers designed and constructed to be used once and discarded; including items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications for multiuse utensils.

(20) "Smooth" means a food-contact surface having a surface free of pits and inclusions; or a floor, wall, or ceiling having an even or level surface with no roughness or projections that renders it difficult to clean.

(21) "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-use articles, and gloves used in contact with food.

Notes

Ga. Comp. R. & Regs. R. 40-7-19-.02

O.C.G.A. § 26-2-34.

Original Rule entitled "Definitions" adopted. F. Aug. 7, 2012; eff. Aug. 27, 2012. Amended: F. Feb. 24, 2021; eff. Mar. 16, 2021.