§ 8-1-1. Definitions.

(A)

The following words and phrases when used in this Title shall, for the purposes of this Title, have the meanings respectively ascribed to them in this Section:

1.

Adulterated food. A food containing any poisonous or deleterious substance as specified in the Texas Health and Safety Code, Chapter 431, 431.002(17).

2.

Approved. Acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

3.

Base of operation. An operating base location for a mobile food establishment or transportation vehicle as needed for such thing as discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

4.

Bed and Breakfast. An establishment with rooms for rent that serves only breakfast to over-night guests. The establishment is not a retail food establishment.

5.

Bed and Breakfast Food Establishment. An establishment that provides food service other than to its overnight guests. The establishment must meet the rules and regulations applicable to retail food establishments.

6.

Beverage. A liquid for drinking, including water.

7.

Caterer. A food service establishment where food is prepared for delivery to a customer, and from which this food is transported to the customer at a separate location where it is meant to be served and consumed; or

A mobile food vendor who is not the operator of a food service establishment, but who transports food prepared in a food service establishment to a customer at a separate location where it is meant to be served and consumed.

8.

Child Care Center. Any facility licensed by the regulatory authority to receive 13 or more children for child care which prepares food for onsite consumption.

9.

Cleaned in place. (CIP) The circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. The term does not include the cleaning of equipment such as band saws, slicers or mixers that are subject to in-place manual cleaning without the use of a CIP system.

10.

Closed. Without openings large enough for the entrance of insects or other vermin.

11.

Code of Federal Regulation (CFR). The compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal government.

12.

Commissary. Means a catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored.

13.

Common dining area. A central location in a group residence where people gather to eat at mealtime. The term does not apply to a kitchenette or dining area located within a resident's private living quarters.

14.

Confirmed disease outbreak. A food borne illness outbreak in which laboratory analysis of appropriate specimens identifies a causative organism and epidemiological analysis.

15.

Consumer. 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 establishment or food processing plant, and does not offer for resale.

16.

Corrosion resistant material. A material that maintains acceptable surface clean ability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

17.

Critical control point. A point or procedure in a specific food system where loss of control may result in an unacceptable health risk.

18.

Critical. A provision of these rules that if in noncompliance, is more likely than other violations to contribute to food contamination, illness, injury, or environmental health hazard.

19.

Critical limit. The maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.

20.

Dry storage area. A room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items.

21.

Easily cleanable. Means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

22.

Employee. The permit holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.

23.

Equipment. An article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in-refrigerator, scale, sink, slice, stove, steam table, temperature measuring device for ambient air, vending machine, warewashing machine, and similar items other than utensils, used in the operation of a food service establishment.

24.

Failing score. When an establishment receives an accumulation of critical and non-critical violations resulting in a rating below standards.

25.

Fish. Fresh or salt water fin fish, crustaceans and other forms of aquatic life other than birds or mammals, and all mollusks, if such animal life is intended for human consumption. The terms includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

26.

Food borne disease outbreak. An incident in which two or more persons experience a similar illness after ingestion of a common food, and epidemiological analysis implicates the food as the source of the illness; except that in the cases of botulism or chemical poisoning, one ill person shall constitute an outbreak.

27.

Food-contact surface. A surface of equipment or a utensil with which food normally comes into contact; or 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.

28.

Food employee. An individual working with unpackaged food, food equipment or utensils, or food contact surfaces.

29.

Food establishment. An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment; retail food store; satellite or catered feeding location; catering operation; market; remote catered operations; and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders; restaurant take-out orders' or where consumption is on or off the premises; and regardless of whether there is a charge for the food. The term does not include: a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function, such as religious or charitable organization's bake sale; bed and breakfast limited facility as defined in these rules; or a private home.

30.

Food processing plant. A commercial operation that manufacturers, packages, labels or stores food for human consumption and does not provide food directly to a consumer. The term does not include a food establishment as previously defined.

31.

Hazard. A biological, chemical, or physical property that may cause an unacceptable consumer health risk.

32.

Hazard Analysis Critical Control point. A rational, systematic approach that identifies and monitors specific food borne hazards (biological, physical or chemical) that may adversely affect of the food product. This system utilizes the HACCP Principles as defined by the National Advisory Committee on Microbiological Criteria for Foods (NACMCF), 1992, or its successor document.

33.

Hazard Analysis Critical Control Point Plan. A written document that delineates the formal procedures for following the HACCP principles as defined by the National Advisory Committee on Microbiological Criteria for Foods (NACMCF), 1992, or its successor document.

34.

Health officer. The director of the Midland city health department or his authorized representative.

35.

Hermetically sealed container. A container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

36.

Highly susceptible population. A group of persons who are more likely than other populations to experience food borne disease because they are immunocompromised or older adults; and in a facility that provides health care or assisted living services, such as a hospital or nursing home; or preschool age children in a facility that provides custodial care such as a child care center.

37.

Hot truck. A vehicle mounted food establishment which prepares foods on site within the vehicle. The vehicle is equipped to comply with regulations applicable to a fixed food service establishment.

38.

Imminent health hazard. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.

39.

Kitchenware. All multi-use utensils other than tableware.

40.

Law. Federal, state, and local statutes, ordinances, and regulations.

41.

Linens. Fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

42.

Microwave ovens. Microwave ovens shall meet the safety standards specified in (CFR) Code of Federal Regulation 178.1010 Refers to title 21, part 178.1010.

43.

Misbranded. The presence of any written, printed or graphic matter upon or accompanying food or containers of food, including signs or placards displayed in relation to such products, which is false or misleading or which violates any applicable federal, state or local labeling requirements.

44.

Mobile food unit. A vehicle mounted food establishment designed to be readily moveable.

45.

Mobile food vendor:. A person who:

a.

Travels by any conveyance or walks from place to place transporting food and offering the same for consumption with or without charge;

b.

Without traveling from place to place, offers food for consumption with or without charge from any conveyance;

c.

Solicits orders and as a separate transaction makes deliveries of food products to purchasers; or

d.

Delivers food from a fixed location outside the City to food establishments located inside the City.

The term does not include persons making deliveries of food from a food establishment operated by them or their employer to another food establishment, nor does it include persons who cater food from a food service establishment operated by them or their employers.

46.

Molluscan shellfish. Any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

47.

Packaged. Bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant. The term 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.

48.

Permit. The document issued by the regulatory authority that authorizes a person to operate a food establishment.

49.

Person in charge. The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.

50.

Personal care items. 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. The term includes such items as medicines; first-aid supplies; and other items such as cosmetics and toiletries such as toothpaste and mouthwash.

51.

Personal Items. Articles belonging to employees.

52.

Poisonous or toxic materials. Substances that are not intended for ingestion including cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes and other chemicals; pesticides and rodenticides; and substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health.

53.

Potentially hazardous food. Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does include clean, whole, uncracked, odor-free shell eggs. The term does not include foods which have a pH of 4.5 or below or a water activity (Aw) value of 0.85 or less.

54.

Premises. The physical facility, its contents, and the contiguous land or property under the control of the permit holder; or the physical facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permit holder that may impact food establishment personnel facilities or operations, if a food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

55.

Pushcart. A non self-propelled mobile food unit limited to serving only prepackaged, nonpotentially hazardous food or prepackaged ice cream. A pushcart is classified as a mobile food unit.

56.

Ready-to-eat food. Food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form. The term includes unpackaged potentially hazardous food that is cooked to the temperature and time required for the specific food under (229.164(k) of this title (relating to food); raw, washed, cut fruits and vegetables; whole, raw, fruits, and vegetables that are presented for consumption with the need for further washing, such as at a buffet; and other food presented for consumption for which further washing or cooking is not required and from which rinds, peel, husks, or shells are removed.

57.

Refuse. Solid waste not carried by water through the sewage system.

58.

Regulatory authority. The Director of Health of the City of Midland or his designated representative.

59.

Safe material. An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food; an additive that is used as specified in Chapter 431 of the Texas Health and Safety code; or other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration.

60.

Sanitization. Effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce bacterial count, including pathogens, to a safe level on utensils and equipment.

61.

Sealed. Free of cracks or other openings that allow the entry or passage of moisture.

62.

Seasonal food establishment. A food service establishment that operates at a fixed location for a period greater than 14 consecutive days, but less than six months consecutive days in conjunction with a single event or celebration.

63.

Sewage. Liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

64.

Single-service articles. Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one-person use and then discarded.

65.

Single-use articles. Utensils and bulk food containers designed and constructed to be used once and discarded. The term includes items such as wax paper, butcher paper, plastic wrap, formed aluminum containers, jars, plastic tubs or buckets, bread, wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the material, durability, strength, and clean ability specifications in (299.165(a)(1), of this title (relating to equipment, utensils, and linens) for multi-use utensils.

66.

Slacking. The process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of 23 degrees Celsius (-10 degrees Fahrenheit) to -4 degrees Celsius (25 degrees Fahrenheit) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as spinach.

67.

Temporary food establishment. A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.

68.

Utensil. Any implement used in the storage, preparation, transportation, or service of food.

69.

Vending machine. A self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

70.

Vending machine location. The room, enclosure, space or area where one or more vending machines are installed and operated and includes the storage and servicing area on the premises that are used to service and maintain the vending machines.

71.

Warewashing. The cleaning and sanitizing of food-contact surfaces of equipment and utensils.

(Ord. No. 6199, 4-26-1983; Ord. No. 7910, § 1, 1-11-00)