§ 111.002  DEFINITIONS.
   In addition to the definitions contained in the above rules and regulations, the following definitions shall apply in the interpretation and enforcement of this chapter.
   ADULTERATED. Shall have the same meaning as defined in the Federal Food, Drug,  and Cosmetic Act.
   APPLICANT. Any person submitting a permit application to the regulatory authority.
   BED AND BREAKFAST ESTABLISHMENT. An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12-month period. Breakfast may be provided to the guest only. BED AND BREAKFAST ESTABLISHMENTS shall not include motels, hotels,  boarding houses,  or food service establishments.
   CATEGORY I FOOD ESTABLISHMENT. A food service establishment that presents a high relative risk of causing foodborne illness, based on operation and/or type of population served.
   CATEGORY II FOOD ESTABLISHMENT. A food establishment that present a medium relative risk of causing foodborne illness, based upon few handling operations typically implicated in foodborne illness outbreaks.
   CATEGORY III FOOD ESTABLISHMENT. A food service establishment that presents a low relative risk of causing foodborne illness outbreaks.
   FOOD SERVICE ESTABLISHMENT.
      (1)   An operation that stores, prepares, packages, serves or vends food directly to the consumer or otherwise provides for human consumption, such as a restaurant, satellite or catered feeding location, catering operation if the operation provides food directly to an consumer or to a conveyance used to transport people, market, vending location, institution or food pantry; and relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home deliver, grocery order, restaurant takeout orders or delivery service that is provided by common carriers (77 Ill. Admin. Code 750).
      (2)   FOOD SERVICE ESTABLISHMENT shall not include:
         (a)   An establishment or vending operation that offers only prepackaged foods that are not time/temperature controlled for safety.
         (b)   A produce stand that exclusively offers whole, uncut fruits and vegetables.
         (c)   A food processing plant.
         (d)   A kitchen in a private home, such as a daycare provider or bed and breakfast as defined in the Bed and Breakfast Act that prepares food items that re not time/temperature controlled for safety.
         (e)   A cottage food operation.
   HOME KITCHEN OPERATION. Any operations conducted by a person who produces or packages non-potentially hazardous baked good in a kitchen of that person's primary residence for direct sale by the owner or a family member, or for sale by a religious, charitable, or nonprofit organization, stored in the residence where the baked goods are made  (ILCS Ch. 410, Act 625, § 3.6).
   INSANITARY. Any condition that is likely to cause illness.
   MOBILE FOOD VENDOR. Any food service operation that is operated from a movable motor driven or propelled vehicle, a portable structure, or water craft that has the ability to relocate at any given time.
   NOT-FOR-PROFIT ORGANIZATION. Those organizations recognized as such pursuant to the laws of the State of Illinois. This definition does not include organizations in possession of any annual liquor license (not a special event license) or an Illinois sales tax number for commercial purposes (not tax exempt numbers).
   PERMIT. The document issued by the regulatory authority authorizing a person or corporation to operate a food service establishment.
   PERMIT HOLDER. Any person or his agent(s) who applies for the license of a food establishment, retail food store, mobile food operation, seasonal food operation, or temporary food operation.
   PLAN REVIEW. An evaluation process conducted by the health department of new food establishments and facilities undergoing a change in ownership.
   REGULATORY AUTHORITY. The DeWitt-Piatt Bi-County Health Department or an authorized agent thereof.
   SEASONAL FOOD OPERATION. A facility providing food to the consumer, operated by the person listed on the permit, and in a single designated location. The permit shall be valid for six months and persons are restricted to one permit per calendar year. Seasonal food establishment permits are not necessarily associated with any special event.
   TEMPORARY FOOD OPERATION. A food service establishment that operates at a fixed location for a period not to exceed 14 consecutive days in connection with a single event or celebration.
(Ord. passed 6-18-2009; Am. Ord. passed 5-30-2018)