§ 38-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adulterated: The condition of food if it:

(1)

Bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

(2)

Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation or in excess of such tolerance if one has been established;

(3)

Consists in whole or in part of filthy, putrid, or decomposed substance or if it is otherwise unfit for human consumption;

(4)

Has been processed, prepared, packed or held under unsanitary conditions whereby it may have become contaminated or whereby it may have been rendered injurious to health;

(5)

Is in whole or in part the product of a diseased animal or animal which has died other than by approved slaughter method;

(6)

If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

Authorized representative: A designated employee of the DeKalb County Health Department.

Bed and breakfast establishment: An operator occupied residence providing accommodations for a charge to the public with no more than five guestrooms for rent, in operation for more than ten nights in a 12-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses or food service establishments.

Board of health: The governing body for the DeKalb County Health Department.

Building: Any structure which is designed, used or intended for the support, enclosure, shelter, or protection of persons, animals, or other property and which is permanently affixed to the land.

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

County: The County of DeKalb, State of Illinois.

County board: The County Board of DeKalb County, Illinois.

Equipment: Stoves, ranges, hoods, slicers, mixers, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables and similar items used in the operation of a food service establishment. All equipment shall be required to bear the seal of approval of the National Sanitation Foundation (NSF) or equivalent sanitation standard, and be approved by the county health department.

Embargo: To detain the sales or place a hold on the service of any food.

Environmental health practitioner: An employee of the health department engaged in the carrying out of any activity pursuant to this article, including but not limited to inspections and investigations.

Establishment categories:

(1)

Category I facility means a food establishment that presents a high relative risk of causing food-borne illness, based on the large number of food handling operations typically implicated in food-borne outbreaks and/or the type of population served by the facility. Category I facilities include those where the following operations occur:

a.

Potentially hazardous foods are cooled, as part of the food handling operation at the facility;

b.

Potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours before serving;

c.

Potentially hazardous cooked and cooled foods must be reheated;

d.

Potentially hazardous foods are prepared for off-premises serving for which time-temperature requirements during transportation, holding and service are relevant;

e.

Complex preparation of foods or extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility;

f.

Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or

g.

Immunocompromised individuals such as the elderly, young children under age four and pregnant women are served, where these individuals compose the majority of the consuming population.

(2)

Category II facility means a food establishment that presents a medium relative risk of causing food-borne illness, based upon few food handling operations typically implicated in food-borne illness outbreaks. Category II facilities include those where the following operations occur:

a.

Hot or cold foods are held at required temperatures for no more than 12 hours and are restricted to same-day services;

b.

Foods are prepared from raw ingredients using only minimal assembly; and

c.

Foods that require complex preparation (whether canned, frozen or fresh prepared) are obtained from approved food processing plants, high risk food service establishments or retail food stores.

(3)

Category III facility means a food establishment that presents a low relative risk of causing food-borne illness, based upon few or no food handling operations typically implicated in food-borne illness outbreaks. Category III facilities include those where the following operations occur:

a.

Only pre-packaged foods are available or served in the facility, and any potentially hazardous foods available are commercially pre-packaged in an approved processing plant;

b.

Only limited preparation of non-potentially hazardous foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or

c.

Only beverages (alcoholic and non-alcoholic) are served at the facility.

Extermination: The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, trapping or by any other recognized and legal method of pest elimination approved by the health officer or authorized representative.

Food: 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 preparation: The handling, processing and/or serving of potentially hazardous foods.

Food service establishment: Any place where food is prepared and intended for, though not limited to, individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare foods intended for individual portion service and retail food stores where food and food products are offered to the consumer and intended for, though not limited to, off-premises consumption. The term does not include lodging facilities serving only a continental breakfast (a continental breakfast is one limited to only coffee, tea or juice and commercially prepared sweet baked goods), private homes or a closed family function where food is prepared or served for individual family consumption, establishments which handle only prepackaged spirits, roadside markets that offer only fresh fruits and fresh vegetables or the location of food vending machines.

Food service manager: Any person who supervises/trains a food service worker(s) to follow all food safety regulations. The manager shall have a current State of Illinois Food Service Sanitation Certificate, and have the original certificate onsite for review by the health officer or authorized representative.

Food service worker: Any person, who handles, prepares, serves, sells or gives away food for consumption by persons other than his or her immediate family, or who handles utensils and equipment appurtenant thereto. The term does not include persons in establishments regulated under this Code who handle food or drink exclusively in closed crates, cartons, packages, bottles or similar containers in which no portion of the food or drink is exposed to contamination through such handling.

Garbage: Organic waste resulting from the preparation, processing, handling and storage of food and all decayed or spoiled food from any source whatsoever.

Health department: The DeKalb County Health Department.

Health officer: The administrator of the health department or their authorized health department representative.

Highly susceptible population: Persons who are more likely than other people in the general population to experience food-borne disease because they are immunocompromised, preschool age children or older adults; and obtain food at a facility that provides services such as custodial care, health care, or assisted living (such as a child or adult day care center, kidney dialysis center, hospital or nursing home), or nutritional or socialization services (such as senior center).

Home kitchen operation: An operation conducted by a person who produces or packages non-potentially hazardous baked goods in a kitchen of that person's primary domestic residence for direct sale by the owner or a family member. A "home kitchen operation" does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes; the production or packaging of non-potentially hazardous baked goods for these purposes is exempt from the requirements of this article.

Human wastes: Food and byproducts of metabolism which are passed out of the human body.

Infestation: The presence within a building or food establishment of any insects, rodents, vermin or other pests.

Label: A display of written, printed or graphic matter upon the immediate container of an article.

Misbranded: The presence of any written, printed or graphic matter upon or accompanying food or containers of food which is false or misleading.

Mobile food unit: A vehicle mounted mobile food service establishment designed and operated as readily movable and which does not have permanent potable water, wastewater or electric connections, e.g. mobile truck moving from location to location. All mobile food units shall be required to return daily to a commissary for supplies, cleaning and for all servicing operations.

Non-potentially hazardous baked goods: Breads, cookies, cakes, pies, and pastries. Only high-acid fruit pies that use the following fruits are allowed: apple, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry, blueberry, boysenberry, cherry, cranberry, strawberry, red currants or a combination of these fruits. Fruit pies not listed may be produced by a home kitchen operation provided their recipe has been tested and documented by a commercial laboratory, not potentially hazardous, containing a pH equilibrium of less than 4.6 or has been specified and adopted as allowed in administrative rules by the department of public health pursuant to 410 ILCS 625/4(e). The following are potentially hazardous and prohibited from production and sale by a home kitchen operation: pumpkin pie, cheesecake, custard pies, creme pies, and pastries with potentially hazardous fillings or toppings.

Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Permit: A written authorization issued by the health department or its authorized representative.

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. In addition to the foregoing, the owner shall always be considered a person in charge.

Potentially hazardous food: Food that is potentially hazardous according to the state department of public health's administrative rules issued under the Illinois Food Handling Regulations Enforcement Act. Potentially hazardous food (PHF) in general means a food that requires time and temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

Potentially hazardous food: Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms; growth and toxin production of Clostridium botulinum; or, in raw shell eggs, the growth of Salmonella enteritidis. Potentially hazardous foods includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support the growth of infectious or toxigenic microorganisms. The term does not include foods that:

(1)

Have a pH level of 4.6 or below; or

(2)

Have a water activity (a _w ) value of 0.85; or

(3)

Are a food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution.

Also, "potentially hazardous food" shall mean food that is potentially hazardous according to the state department of public health's administrative rules issued under the Illinois Food Handling Regulations Enforcement Act. Potentially hazardous food (PHF) in general means a food that requires time and temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

Pre-hearing conference: An informal conference between the authorized representative of the health department and the party affected by a notice pursuant of this chapter, conducted by the health officer or authorized representative.

Pre-packaged: Bottled, canned, cartoned, or securely wrapped. The term "pre-packaged" does not include a wrapper, carry-out box, or other non-durable container used to contain food for the purpose of facilitating food protection during service and receipt of the food by the consumer.

Property owner: The person in whose name legal title to the real estate is recorded including beneficiaries and/or trustees of a land trust.

Pushcart: A cart that is limited to precooked hot dogs, unshucked corn, whole fresh fruit, canned beverages, condiments, and prepackaged nonpotentially hazardous food and which does not have permanent potable water, wastewater, or electric connections. All pushcarts shall be required to return daily to a commissary for supplies, cleaning and for all servicing operations.

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. Ready-to-eat food includes:

(1)

Unpackaged potentially hazardous food that is cooked to the temperature and time required for specific food under Section 750.180 of the Illinois Department of Public Health Food Service Sanitation Code;

(2)

Washed and cut raw fruit and vegetables;

(3)

Whole raw fruits and vegetables that are intended for consumption without the need for further washing, such as at a buffet, but excluding whole raw fruits and vegetables offered for retail sale; and

(4)

Other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed.

Relative risk: The ratio of the chance of a disease developing among members of a population exposed to a factor compared with a similar population not exposed to the factor.

Retail food store: Any establishment or section of an establishment where food and food products are offered to the consumer and intended for, though not limited to, off-premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged spirits; roadside markets that offer only fresh fruits and fresh vegetables for sale; food service establishments; or food and beverage vending machines.

Revocation: To permanently remove a permit to operate a food service establishment or temporary food establishment.

Rodents: Rats and mice.

Rubbish: Combustible and noncombustible waste material except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, cans, metals, mineral matter, glass, crockery, and dust from similar materials.

Seasonal/mobile food service: Food service establishments that are mobile trucks, seasonal operations, and/or provides food at multiple temporary events per year within the county.

Suspension: To temporarily remove a permit to operate a food service establishment or temporary food service.

Temporary food service: A food service that operates at a fixed location for a period of time not to exceed 14 consecutive days in conjunction with a single event or celebration.

Tenant: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

Vending machine: Any self-service device which upon insertion of a coin, coins or tokens or by other similar means, dispenses unit servings of food either in bulk or in packages without the necessity of replenishing the device between each vending operation.

Vermin: Roaches, bedbugs, fleas, lice, termites or similar pest like insects.

Other definitions as stated in rules and regulations that are referenced in this chapter shall apply.

(Ord. No. 2014-11, 10-15-14; Ord. No. 2015-07, § 2, 8-19-15)

Cross reference

Definitions generally, § 1-2.