. For
the purposes of
105 CMR
, the following terms shall have the meanings
hereinafter specified. These definitions shall be in addition to or a
substitution for the same definition in
section
FC 1-201.10 entitled Definitions. Citations to the
., FC 1-201.10).
(1) The
following definitions replace, in their entirety, the definition provided for
the same term in the
2013 Food Code:
Adulterated
means the definition in
M.G.L. c. 94, § 186, as it pertains to food.
Food Employee
means an individual
working with unpackaged food, food equipment or utensils, or food-contact
surfaces, with the exception of farm workers handling uncut fruits and
vegetables, unprocessed honey, pure maple products, or farm fresh eggs which
are stored and maintained at 45 E F (7.2 E C) or below. This could include the
owner, individual having supervisory or management duties, person on the
payroll, family member, volunteer, person performing work under contractual
agreement, or any other person working in a food establishment. In health care
facilities, this includes those who set up trays for patients to eat, feed or
assist patients in eating, give oral medications or give mouth/denture care. In
daycare operations, schools and long-term care facilities, which are permitted
food establishments, this includes those who prepare food for clients to eat,
feed or assist clients in eating or give oral medications.
Food Establishment
.
(1) Food establishment means an operation
that:
(a) stores, prepares, packages, serves,
vends food directly to the consumer, or otherwise provides food for human
consumption such as a restaurant; satellite or catered feeding location;
catering operation if the operation provides food directly to a consumer or to
a conveyance used to transport people not including farm trucks; market;
vending location; conveyance used to transport people; institution; food bank;
residential kitchen in a bed-and-breakfast operation; residential kitchen for a
cottage food operation; and
(b)
relinquishes possession of food to a consumer directly, or indirectly through a
delivery service such as home delivery of grocery orders or restaurant takeout
orders, or delivery service that is provided by common carriers.
(2) Food establishment includes:
(a) An element of the operation such as a
transportation vehicle or a central preparation facility that supplies a
vending location or satellite feeding location unless the vending or feeding
location is permitted by the regulatory authority; and
(b) An operation that is conducted in a
mobile, stationary, temporary, or permanent facility or location; where
consumption is on or off the premises; and regardless of whether there is a
charge for the food.
(3)
Food establishment does not include:
(a) An
establishment that offers only prepackaged foods that are not time/temperature
control for safety foods;
(b) An
operation stand that only offers whole, uncut fresh fruits and vegetables,
unprocessed honey, pure maple products, or farm fresh eggs which are stored and
maintained at 45 E F (7.2 E C) or below;
(c) A food processing plant; including those
that are located on the premises of a food establishment;
(d) A residential kitchen if only food that
is not time/temperature control for safety food, is prepared for sale or
service at a function such as a religious or charitable organization's bake
sale if allowed by law and if the consumer is informed by a clearly visible
placard at the sales or service location that the food is prepared in a kitchen
that is not subject to regulation and inspection by the regulatory
authority;
(e) A residential
kitchen that prepares food for distribution to a charitable facility in
accordance with M.G.L c. 94, § 328;
(f) An area where food that is prepared as
specified in
105 CMR
590.001(C)(1):
Food Establishment
(3)(d) is sold or offered for human
consumption;
(g) A residential
kitchen, such as a family daycare provider; or a bed-and-breakfast operation
that prepares and offers food to guests if the home is owner occupied, the
number of available guest bedrooms does not exceed six, breakfast is the only
meal offered, the number of guests served does not exceed 18, and the consumer
is informed by statements contained in published advertisements, mailed
brochures, and placards posted at the registration area that the food is
prepared in a kitchen that is not regulated and inspected by the FC-regulatory
authority;
(h) A private home that
receives catered or home-delivered food; and
(i) Cooking classes that are held for
educational purposes only.
(2) The following definitions are provided in
addition to those provided in the
2013 Food Code:
Accredited Program
also means food
protection manager certification programs that are recognized by the
Department.
Board of Health
means the appropriate
and legally designated health authority of the city, town, or other legally
constituted governmental unit within the Commonwealth having the usual powers
and duties of the board of health of a city or town.
Business Days
means Monday through
Friday excluding legal holidays.
Caterer
means any person who prepares
food intended for individual portion service, transports and serves it at
another location, or who prepares and serves food at a food establishment,
other than one for which he or she holds a permit, for service at a single
meal, party or similar gathering.
Commissioner
means the Commissioner of
the Massachusetts Department of Public Health or his or her designee.
Cottage Food Operation
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.
Cottage Food Products
means
non-time/temperature control for safety baked goods, jams, jellies, and other
non-time/temperature control for food safety foods produced at a cottage food
operation.
DEP
means the Massachusetts Department
of Environmental Protection.
Department
means the Massachusetts
Department of Public Health.
Director
means the Director of the
Food Protection Program.
Farmers Market
means a public market
or public market place located in a city or town that operates or occurs more
than once per year for the primary purpose for Massachusetts farmers, from more
than one farm, to vend food, crops and other farm related items that they have
produced directly to the public or a public market or public market place used
by farmers that is established by a municipality under M.G.L. c. 40, § 10,
or operates on Department of Conservation and Recreation land by special permit
under M.G.L. c. 132A, § 2F.
FC-Regulatory Authority
means the
definition of "regulatory authority" set forth in FC 1-201.10, which is the
board of health.
Menu
means a printed list or pictorial
display of a food item or items and their price(s) that are available for sale
from a food establishment, and includes menus distributed or provided outside
of the establishment.
Menu Board
means any list or pictorial
display of a food item or items and their price(s) posted within or outside a
food establishment.
Misbranded
means the definition in
M.G.L. c. 94, § 187 as it pertains to food.
Residential Kitchen
means a kitchen in
a private home.
Retail
means sale to the ultimate
consumer.
School Kitchen
means the kitchen area
used during the course of the regular school day to prepare or serve breakfast,
lunch, or dinner to students in an elementary, middle, high, charter, or
innovation school operated by a public school district or board of trustees
pursuant to M.G.L. c. 71. School Kitchen does not include:
(1) Kitchens used by culinary arts
programs;
(2) Kitchens used
exclusively for or by faculty or staff; or
(3) Kitchens used to prepare or serve food
outside of the regular school day.
Wholesale
means sale to other than the
ultimate consumer.
