§ 111.160. Definitions.

For the purposes of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Approved chemical sanitizer product" means a product approved by the United States Environmental Protection Agency which does not require use of a final potable water rinse, and which bears a label claiming that it will sanitize food contact surfaces.

"Approved detergent sanitizer product" is a product in which all chemicals are compatible, which is approved by the United States Environmental Protection Agency, which does not require use of a potable water rinse, and which bears a label claiming that it will clean and sanitize food contact surfaces.

"Bulk food" means processed or unprocessed food in containers from which quantities of the food product are withdrawn. Fresh produce shall not be considered a bulk food under the provisions of this article.

"Cleanable" means a characteristic of a surface that:

1.

Allows effective removal of soil by normal cleaning methods;

2.

Is dependant on the material design construction and installation of the surface; and

3.

Varies with the likelihood of the role of the surface in introducing pathogenic or toxigenic agents or other contaminants into food.

"Comminuted" means reduced in size by methods including chopping, flaking, grinding or mincing; includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, formed roast beef, gyros, ground beef and sausage.

"Critical item" means an item covered in this article which, if in non-compliance, is more likely than other violations to contribute to food contamination, illness or environmental degradation.

"Director" means the Akron Director of Public Health or his/her designee.

"Employee" means any person who handles food in preparation, storing or selling, or who comes in contact with food, or who is employed in a room where food is prepared, packaged, stored, sold or handled.

"Equipment" means an item that is used in the operation of a food establishment or temporary food establishment and may be used in processing, manufacturing, packaging, transporting or storing food. These items may include display cases, steam tables, counters, shelves, refrigerators, freezers, ovens, hoods, sinks, dishwashing machines, ice makers, meat blocks, mixers, scales, thermometers and similar items other than utensils.

"Event" means a social function, fundraiser or holiday celebration involving food establishment operations or temporary food establishment operation.

"Extensively alter" means any work or construction involving the relocating of major pieces of equipment, changing plumbing fixtures and/or installing waste or supply lines, remodeling or changing walls, electrical work, etc.

"Food" means any 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.

"Food contact surface" means 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.

"Food establishment operation" means any place where food or drink is prepared, processed, manufactured, packed, stored, served, sold or offered for sale, consideration or donation. This includes bakeries, bottling plants, ice plants and transportation vehicles.

The following places are not included:

1.

Homes containing what is commonly known as the family unit and their nonpaying guests;

2.

Food service operations as defined in Revised Code Section 3732.01, as may be amended;

3.

Milk producers, milk plants, milk processors and milk haulers as defined in Revised Code Section 3707.371 as may be amended; and

4.

Meat and poultry plants registered under Revised Code Sections 918.08 and 918.28 as may be amended. This exemption does not include retail facilities as defined under Revised Code Section 918.01 as may be amended;

5.

Businesses selling only prepackaged non-potentially hazardous food items, i.e., gum, packaged candy or packaged snack item;

6.

A roadside market or produce stand offering only whole, uncut fresh fruits and vegetables;

7.

Wholesale food processing and storage establishments licensed and/or inspected by the United States Department of Agriculture or the Ohio Department of Agriculture, with exception to the retail sales location in connection with the food processing establishment.

"Food establishment premises" means and includes those portions of the structure or building and any parts of the property used for food preparation, serving, storage, rest rooms, refuse storage, and parking.

"Health department" means the Akron Department of Public Health.

"Health commission" means the Akron Health Commission.

"Imminent threat" means a condition, procedure or situation in a food establishment or temporary food establishment operation that if not corrected immediately would pose a health and/or safety hazard to the employees and/or customers of the food establishment or temporary food establishment.

"Licensee" means the person holding the license to operate a food establishment or temporary food establishment operation.

"Mobile food establishment operation" means a vehicle based operation that sells and/or delivers potentially hazardous food items in bulk in response to an order from a residential customer, by door to door sales to residential customers or by offering sales to pedestrian or vehicular traffic.

"Movable" means equipment that is mounted on wheels or casters and has either no utility connection, a utility connection that disconnects easily, or a flexible utility connection line long enough to permit the equipment to be moved for cleaning.

"New food establishment" means a food establishment operation consisting of new construction or the re-opening of an establishment that has been closed for more than twelve consecutive months.

"Non-commercial food establishment operation facility" means any government, church, school, nonprofit youth group and tax exempt organization food establishment operation.

"Non-food contact surface" means a surface of equipment or a utensil with which food normally does not come into contact.

"Operator" means the person who is responsible or in charge of managing a food establishment.

"Poisonous and toxic materials" means compounds that are (a) pesticides, (b) detergents, sanitizers, corrosives or other chemicals, or (c) flammables.

"Portable" means equipment which is small and light enough to be moved by one person and has either no utility connection, a utility connection that disconnects easily or a flexible utility connection line long enough to permit the equipment to be moved for cleaning.

"Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, tofu, baked or boiled potatoes, cooked rice, cooked beans, other condiments, ingredients or synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods which have a pH level of 4.6 or below, or a water activity (aw) value of 0.85 or less.

"Ready to eat food" means food in a form that is edible without washing, cooking or additional preparation by the food establishment or consumer, and is expected to be consumed in that form.

"Safe material" means an article composed of materials that may not be expected to result in their becoming a component of or affecting the characteristics of any food.

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

"Single service articles" means 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.

"Single service containers" means any container into which food has been packaged by the manufacturer or packer which is of such construction as to render it difficult to clean, and, when empty, is to be discarded. Examples of single-use containers include, but are not limited to, metal cans, crinkled aluminum pie pans, bread wrappers, plastic jugs with difficult-to-clean interiors, cardboard boxes, paper bags and similar containers.

"Tablewater" means multi-use eating and drinking utensils.

"Temporary food establishment operation" means a food establishment operation that is operated at a single event for not more than five consecutive days.

"Thermometer" means a temperature indicating or recording device which is numerically scaled and accurate to plus or minus three degrees Fahrenheit.

"Unwholesomeness" means adulteration as defined in subsections (A) to (F) of § 3715.59 of the Revised Code as may be amended.

"Utensil" means and includes kitchenware, tableware, glassware, cutlery, containers, food slicing machines, grinders, choppers or other similar items coming in contact with food during storage, preparation, processing, packaging, transporting or serving.

(Ord. 515-1997)