For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULTERATED. A food is adulterated if any of the following apply.
(1) If it bears or contains any poisonous or deleterious substance which may be injurious to health.
(2) If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of the tolerance if one has been established.
(3) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption.
(4) If it has been prepared, packed, or stored under insanitary conditions where it has become contaminated with filth or rendered injurious to health.
(5) If the container is composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health.
APPROVED. Approved by the Commissioner of Health or his duly designated representative.
BULK FOOD. Any food, drink, or ingredient which comes in direct contact with any surface of the vending machine, appurtenances, or containers.
CIGARETTE VENDING MACHINE. Any automatic vending machine used for the sale of cigarettes, cigars, or other confections and controlled by the insertion of coin, coins, or tokens.
COLD LIQUID FOOD OR BEVERAGE. Liquid food or beverage, the temperature of which at the time of service to the consumer is less than 150°F.
COMMISSARY. Any place where food, beverages, ingredients, containers, or supplies are handled, prepared, packaged, or stored, and directly from which vending machines are serviced.
EMPLOYEE. Any operator or any person employed by him who handles any food, beverage, or ingredient to be dispensed through vending machines, or who comes into contact with food, contacts surfaces of containers, equipment, utensils, or packaging materials used in connection with vending machine operations, or who otherwise services or maintains one or more machines.
FOOD. Any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use, in whole or in part, for human consumption.
FOOD HANDLER. One engaged in the direct handling or processing of food or drink or the utensils in which they are prepared or stored in the establishment licensed under this chapter, the nature of whose work shall be declared by the Department of Health as involving definite danger of infectious contamination.
HOT LIQUID. Liquid food or beverage, the temperature of which at the time of service to the consumer is at least 150°F.
JUKE BOX. Any music vending machine, contrivance, or device which upon the insertion of a coin, slug, token, disc, or key into any slot, crevice, or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music, or similar amusement.
MACHINE LOCATION. The room, enclosure, space, or area where one or more vending machines are installed and operated.
MISBRANDING. The use of any written, printed, or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to products so dispensed, which is false or misleading, or which violates any applicable local, state, or federal labeling requirements.
OPERATOR. Any person who, by contract agreement or ownership, takes responsibility for furnishing, installing, servicing, operating, or maintaining one or more vending machines. This term shall also mean and include any person who stocks or replenishes the vending machines and may or may not collect the money, and may or may not have a proprietary right in the vending machines.
PACKAGED FOODS. Nonperishable foods that have been completely wrapped or placed in completely closed or sealed bags, boxes, or containers in an approved sanitary manner. The following food items and these items only, are classed as packaged foods for the purpose of license classification in this chapter: candy, crackers, cracker-sandwiches (peanut butter or cured cheese), potato chips, pretzels, nuts, cookies, popcorn, carmel corn, cracker-jack, gum.
PRODUCT CONTACT SURFACE. Any surface of the vending machine, appurtenances, or containers which comes into direct contact with any food, beverage, or ingredient.
READILY PERISHABLE FOODS. Any food, beverage, or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication. However, products in hermetically sealed containers, processed by heat to prevent spoilage, and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition.
SINGLE-SERVICE ARTICLES. Any utensil, container, implement, or wrapper intended for use only once in the preparation, storage, display, service, or consumption of food or beverage.
VENDING MACHINE. Any self-service device offered for public use, which upon insertion of a coin, or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation.
WAREHOUSE. Any place where food, ingredients, containers, and supplies are kept or stored in the original carton, case, or wrapping and directly from which vending machines dispensing packaged foods may be serviced.
(‘83 Code, § 121.01) (Ord. 71-004, passed 3-26-71)