105 CMR 590.001 - Purpose and Definitions

(A) Adoption of 2013 Food Code. In addition to the provisions set forth in 105 CMR 590.001(B) through 590.018, the Department of Public Health hereby adopts and incorporates by reference the 2013 Food Code (not including Annexes 1 through 8), as amended by the Supplement to the 2013 Food Code, (2013 Food Code) published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, Washington, D.C. 20204 provided, however, that the Department does not adopt those provisions of the 2013 Food Code, which are specifically stricken or modified by 105 CMR 590.000.

(B) FC 1-1 Purpose. The purpose of 105 CMR 590.000 is stated within FC 1- 101.10 2013 Food Code, FC 1-102.10 Food Safety, Illness Prevention, and Honest Presentation and FC 1-103.10 Statement.

(C) Definitions. For the purposes of 105 CMR 590.000, the following terms shall have the meanings hereinafter specified. These definitions shall be in addition to or a substitution for the same definition in 2013 Food Code section FC 1-201.10 entitled Definitions. Citations to the 2013 Food Code shall be referenced FC followed by the section number (e.g., 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.

(3) In the 2013 Food Code, Paragraph (1) of the definition of "Drinking Water" is replaced with the following definition:

Drinking Water means water that meets the provisions of 310 CMR 22.00: Drinking Water.

Notes

105 CMR 590.001

Amended by Mass Register Issue 1375, eff. 10/5/2018.