CHAPTER 2. Definitions

Chapter 2 added by Stats. 2006, Ch. 23, Sec. 2.

§§ 113728–113941 · 140 sections

§ 113728 The following definitions apply in the interpretation and application of this part.
§ 113729 “Food additive” has the meaning stated in Section 109940. “Color additive” has the meaning stated in Section 109895.
§ 113729.5 “Acceptable market name” means a name that the FDA recognizes as a suitable statement of identity, as described in Section 101.3 of Title 21 of the Code of…
§ 113732 “Adulterated” means either of the following: (a) Food that bears or contains any poisonous or deleterious substance that may render the food impure or…
§ 113733 “Acute gastrointestinal illness” means a short duration illness most often characterized by either of the following, which are known to be commonly associated…
§ 113734 “Approved” means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws,…
§ 113735 (a) “Approved source” means a food source allowed under Article 3 (commencing with Section 114021) of Chapter 4, or a producer, manufacturer, distributor, or…
§ 113737 “aw” means water activity that is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor…
§ 113739 “Beverage” means a liquid for drinking, including water.
§ 113739.1 (a) “Catering operation” means a food service that is conducted by a permanent food facility approved for food preparation where food is served, or limited…
§ 113740 “CCR” means the California Code of Regulations.
§ 113742 “Certified farmers’ market” means a location that is certified by the State of California through the enforcement officers of the county agricultural…
§ 113743 “Certified mobile farmers’ market” means a mobile food facility, as defined in Section 113831, that sells agricultural products, as defined in paragraph (1) of…
§ 113744 “C.F.R.” means the Code of Federal Regulations. Citations in this part to the C.F.R. refer sequentially to the title, part, and section numbers, such as 21…
§ 113747 (a) “CIP” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing…
§ 113747.1 “Cold water” means potable water that is not heated by an auxiliary method or source.
§ 113748 “Commingle” means: (a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label. (b) To combine…
§ 113750 (a) “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing. (b) “Comminuted” includes fish or meat products that are…
§ 113751 “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (a) Food,…
§ 113752 “Community food producer” means a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with…
§ 113755 “Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political,…
§ 113756 “Condiment” means a nonpotentially hazardous food, such as relishes, spices, sauces, confections, or seasonings, that requires no additional preparation, and…
§ 113757 “Consumer” means 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 facility, and…
§ 113758 (a) “Cottage food operation” means an enterprise that has no more than the amount in gross annual sales that is specified in this subdivision, is operated by a…
§ 113759 “Control point” means any distinct procedure or step in receiving, storing, handling, preparing, displaying, transporting, or dispensing a food.
§ 113760 “Critical control point” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
§ 113761 “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to…
§ 113763 “Department” means the State Department of Public Health.
§ 113767 “Easily cleanable” means a characteristic of a surface that allows effective removal of soil, food residue, or other organic or inorganic materials by normal…
§ 113768 “Easily movable” means either of the following: (a) Portable; mounted on casters, gliders, or rollers so as to be moveable by one person; or provided with a…
§ 113769 “Egg” means the shell egg of an avian species that includes chicken, duck, goose, guinea, quail, ratite, or turkey, except a balut and an egg product. “Egg”…
§ 113770 “Employee” means the permitholder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person…
§ 113773 “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
§ 113774 “Enforcement officer” means the director, agents, or environmental health specialists appointed by the State Public Health Officer, and all local health…
§ 113777 (a) “Equipment” means an article that is used in the operation of a food facility, including, but not limited to, a freezer, grinder, hood, icemaker, meat…
§ 113778 “Exclude” means to prevent a person from working as a food employee or entering a food facility except for those areas open to the general public.
§ 113778.1 “FDA” means the United States Food and Drug Administration.
§ 113778.2 “Farm stands” are premises, established in accordance with local ordinances and land use codes, defined under and operated pursuant to Chapter 10.5 (commencing…
§ 113778.4 “Fabric implement” means a cloth or fabric, including, but not limited to, burlap and cheesecloth, that is used as part of the food process and comes in direct…
§ 113779 (a) “Fish” means fresh or saltwater finfish, crustaceans, and other forms of aquatic life, other than birds or mammals, and all molluscan shellfish, if…
§ 113780 “Fishermen’s market” means a location that is operated by a commercial fisherman licensed by the Department of Fish and Wildlife or an entity representing two…
§ 113781 “Food” means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human…
§ 113783 “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable…
§ 113784 “Food compartment” means an enclosed space, including, but not limited to, an air pot, blender, bulk dispensing system, covered chafing dish, and covered ice…
§ 113786 “Food-contact surface” means either of the following: (a) A surface of equipment or a utensil with which food normally comes into contact. (b) A surface of…
§ 113788 “Food employee” means an employee working with food, food equipment or utensils, or food-contact surfaces.
§ 113789 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level,…
§ 113790 (a) “Food handler” means an individual who is involved in the preparation, storage, or service of food in a food facility, as defined in subdivision (b), other…
§ 113791 “Food preparation” means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not…
§ 113794 “Food safety program” means any city, county, or city and county program that requires, at a minimum, either of the following: (a) The training of one or more…
§ 113794.1 “Food handler program” means any city, county, or city and county program that requires that all or a substantial portion of the employees of a food facility…
§ 113794.3 “Fresh frozen” means that the food was quickly frozen while still fresh, including immediately after the food had been harvested or fish had been caught.
§ 113794.4 “Frozen food” means a food maintained at a temperature at which all moisture therein is in a solid state.
§ 113795 (a) “Game animal” means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in Part…
§ 113796 “Gleaner” means a person who legally gathers remnants of an agricultural crop or harvests part of, or all of, an agricultural crop made available by the owner…
§ 113797 “Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” and “Grade A Condensed and Dry…
§ 113799 “HACCP” means a Hazard Analysis Critical Control Point.
§ 113801 “HACCP plan” means a written document that complies with the requirements of Section 114419.1 and that delineates the formal procedures for following the…
§ 113803 “Hazard” means a biological, chemical, or physical property that may cause an unacceptable public health risk.
§ 113804 “Hearing officer” means a local health officer, a director of environmental health, or his or her designee.
§ 113805 “Hermetically sealed container” means a container that is designed and intended to be secure against the entry of micro-organisms and, in the case of low acid…
§ 113806 “Highly susceptible population” means a group of persons who are more likely than other people in the general population to experience foodborne disease…
§ 113806.1 “Host facility” means a facility located in a brewery, winery, commercial building, or another location as approved by the local enforcement agency, that meets…
§ 113807 “Hot dog” means a whole, cured, cooked sausage that is skinless or stuffed in a casing, that may be known as a frankfurter, frank, furter, wiener, red hot,…
§ 113810 “Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product,…
§ 113812 “Impound” means the legal control exercised by the enforcement officer over the use, sale, disposal, or removal of any food, equipment, or utensils.
§ 113814 “Injected” means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as “injecting,” “pinning,” or…
§ 113815 “Juice” means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or…
§ 113816 “Law” means applicable local, state, and federal statutes, regulations, and ordinances.
§ 113818 (a) “Limited food preparation” means food preparation that is restricted to one or more of the following: (1) Heating, frying, baking, roasting, popping,…
§ 113819 (a) “Limited service charitable feeding operation” means an operation for food service to a consumer solely for providing charity, that is conducted by a…
§ 113820 “Linens” means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments, including cloth gloves.
§ 113820.5 (a) “Major food allergen” means all of the following: (1) Milk. (2) Eggs. (3) Fish, including, but not limited to, bass, flounder, and cod. (4) Crustacean…
§ 113821 “Major violation” means a violation of this part that may pose an imminent health hazard and warrants immediate closure or other corrective action.
§ 113823 “Meat” means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep, goats, and other edible animals, except fish, poultry, and…
§ 113824 “Menu change” means a modification of a food facility’s menu that would require a change in the food facility’s food preparation methods, storage equipment, or…
§ 113825 (a) “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared…
§ 113827 “Minor violation” means a violation of this part that does not pose an imminent health hazard, but does warrant correction.
§ 113831 (a) “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at…
§ 113833 “Mobile support unit” means a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food…
§ 113835 “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop…
§ 113837 “Multiservice utensil” means a utensil manufactured for use more than one time.
§ 113839 “Nonpermanent food facility” means a food facility that operates from a mobile unit or at a nonpermanent location, including, but not limited to, a certified…
§ 113841 “Nonprofit charitable organization” means either of the following: (a) A corporation incorporated pursuant to the Nonprofit Corporation Law (Division 2…
§ 113842 “Nonprofit charitable temporary food facilities” means either one of the following: (a) A temporary food facility, as defined in Section 113930, that is…
§ 113843 “Open-air barbecue” means a piece of equipment designed for barbecuing food, where the food is prepared out of doors by cooking directly over hot coals, heated…
§ 113846 “Outdoor wood-burning oven” means an oven located out of doors, that utilizes wood as the primary fuel for cooking and is operated by a temporary food…
§ 113849 “Permanent food facility” means a food facility operating in a permanently constructed structure, including any room, building, place, or portion thereof,…
§ 113851 (a) “Permit” means the document issued by the enforcement agency that authorizes a person to operate a food facility or cottage food operation. (b)…
§ 113853 “Permitholder” means the entity that is legally responsible for the operation of the food facility, such as the owner, the owner’s agent, or other person, and…
§ 113855 “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city,…
§ 113856 “Person in charge” means the individual present at a food facility who is responsible for the operation of the food facility.
§ 113859 (a) “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person’s…
§ 113861 “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.…
§ 113863 “Plumbing fixture” means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a…
§ 113865 “Plumbing system” means the water supply and distribution pipes, plumbing fixtures and traps, soil, waste, and vent pipes, sanitary and storm sewers and…
§ 113867 “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in one of the following categories: (a) Cleaners and…
§ 113868 “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to…
§ 113869 “Potable water” means water that complies with the standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act…
§ 113871 (a) “Potentially hazardous food” means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. (b)…
§ 113873 “Poultry” means either of the following: (a) Any domesticated bird, including chickens, turkeys, ducks, geese, or guineas, whether live or dead, as defined in…
§ 113874 “Premises” means: (a) The food facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the…
§ 113876 “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the…
§ 113877 “Produce” means any whole edible portion of a plant in its raw and natural state.
§ 113879 “Produce stand” means a permanent food facility that sells, offers for sale, or gives away only produce or shell eggs, or both, except that “produce stand”…
§ 113880 “Producer” means a person or entity who produces shell eggs or edible plants by practice of the agricultural arts upon land that the person or entity controls.
§ 113881 “Ready-to-eat food” means food that is in a form that is edible without additional preparation to achieve food safety, as specified in Section 114004 or…
§ 113883 “Reduced-oxygen packaging” means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another…
§ 113885 “Refrigeration unit” means a mechanical unit that extracts heat from an area through liquefaction and evaporation of a fluid by a compressor, flame, or…
§ 113887 “Refuse” means solid waste not carried by water through the sewage system.
§ 113889 “Remodel” means construction, building, or repair to the food facility that requires a permit from the local building authority. For purposes of mobile food…
§ 113893 (a) “Restricted food service facility” means either of the following: (1) A food facility of 20 guestrooms or less that provides overnight transient occupancy…
§ 113894 “Restrict” means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food…
§ 113895 “Retail” means the storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food for dispensing or sale directly…
§ 113897 “Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield…
§ 113899 “Satellite food service” means a remotely located food service operation that is conducted on the same property as, in reasonable proximity to, and in…
§ 113901 “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.
§ 113903 (a) “Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a…
§ 113907 “Shellfish certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer…
§ 113909 “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes…
§ 113911 “Shellstock” means raw, in-shell molluscan shellfish.
§ 113912 “Shucked shellfish” means molluscan shellfish that have one or both shells removed.
§ 113914 “Single-use articles” mean utensils, tableware, carry-out utensils, bulk food containers, and other items such as bags, containers, placemats, stirrers,…
§ 113916 “Smooth” means any of the following: (a) A food-contact surface that is free of pits, pinholes, cracks, crevices, inclusions, rough edges, and other surface…
§ 113917 “Swap meet” shall have the meaning set forth in Section 21661 of the Business and Professions Code.
§ 113924 “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
§ 113926 “Tableware” means eating, drinking, and serving utensils for table use, including forks, knives, spoons, bowls, cups, serving dishes, tumblers, and plates.
§ 113928 “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.
§ 113930 “Temporary food facility” means a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community…
§ 113930.5 “Third-party food delivery platform” means a business engaged in the service of online food ordering and delivery from a food facility to a consumer. For…
§ 113931 “Tight-fitting” means fabricated so that joining members are in contact along the entire seam with no opening greater than 1/64th inch (.04 cm).
§ 113932 “Transporter” means any vehicle used to transport food pursuant to a prior order from a manufacturer, distributor, retail food facility, or other approved…
§ 113933 “USDA” means the United States Department of Agriculture.
§ 113934 “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as…
§ 113936 “Variance” means a written document issued by the department that allows the use of an alternative practice or procedure based on a determination by the…
§ 113938 “Vending machine” means a self-service device that, upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between…
§ 113939 “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.
§ 113939.1 “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or…
§ 113940 “Warewashing” means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
§ 113941 “Warm water” means water that is supplied through a mixing valve or combination faucet at a temperature of at least 100ºF.