For the purpose of §§ 9-6-7-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
2009 FOOD CODE. The Food Code, 2009 Recommendations of the United States Public Health Service/Food and Drug Administration as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration.
APPLICANT. A person submitting an application for a market food establishment permit.
APPROVED. Acceptable to the enforcement authority based on its determination as to conformance with the 2009 Food Code, appropriate standards, and good public health practice.
CITY. The City of Albuquerque.
COMMISSARY. A permanent food establishment with a valid permit which is used by a market food establishment to prepare food for sale at a market or a place in possession of a permit in which food, containers or supplies are kept or stored for use by a market food vendor.
ENFORCEMENT AUTHORITY. The Mayor or any designated agent(s) of the Mayor.
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.
MARKET. Any temporary gathering of vendors, whether a single or recurring event, organized by a market coordinator and operating at a single location, whose primary purpose is the selling of goods.
MARKET COORDINATOR. Any person responsible for the organization and supervision of a market.
MARKET FOOD ESTABLISHMENT. Any establishment at a market where food and food products are processed, prepared, packaged, stored, offered for sale, donated, or distributed for human consumption, or any place where food is prepared and intended for individual portion service and includes the site at which individual portions are provided, or both. 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 does not include private homes where food is prepared or served for individual family consumption.
MARKET FOOD VENDOR. Any person, including their employees, representatives, and agents, operating a market food establishment.
PACKAGED. Bottled, canned, cartoned, or securely wrapped.
PERMIT. The document issued by the enforcement authority that authorizes a person to operate a food establishment.
PERMIT HOLDER. The person responsible for the operation of the food establishment required to possess a valid permit to operate a food establishment.
PERSON. Any person, agent, firm, partnership, association, corporation, company, organization, or entity of any kind.
PERSON IN CHARGE. The individual present in a market food establishment who is the apparent supervisor of the establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.
POTENTIALLY HAZARDOUS FOOD (TIME/ TEMPERATURE CONTROL FOR SAFETY FOOD). A food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation as provided for in the 2009 Food Code.
SAFE TEMPERATURES. Temperatures as provided in the 2009 Food Code.
SEALED. Free of cracks or other openings that permit the entry or passage of moisture.
SINGLE-SERVICE ARTICLES. Cups, containers, lids or closures, and packaging materials, including bags and all similar articles designed for one-time, one-person use and then discarded. The term does not include single use articles such as number 10 cans, aluminum pie pans, bread wrappers and similar articles into which food has been packaged by the manufacturer.
TABLEWARE. All multi-use eating and drinking utensils.
THIS ORDINANCE. The Albuquerque Market Food Vendor Ordinance.
UTENSIL. Any approved implement used in the preparation, storage, transportation or service of food.
VALID. Unexpired, financially compliant, not suspended, and not revoked.
VEND. The act of selling, trading, bartering or giving away.