As used in this chapter:
(a) "Approved chemical sanitary product" is a product that has been registered with the United States Environmental Protection Agency, does not require use of a final potable water rinse, and bears a label claiming that it will sanitize food contact surfaces.
(b) “Approved detergent-sanitizer product" is a product in which all chemicals are compatible, which is registered with the United States Environmental Protection Agency, does not require use of a final potable water rinse, and bears a label claiming that it will clean and sanitize food contact surfaces.
(c) "Board of Health" means the Board of Health of the Franklin County Health District, as authorized by Section 3709.05 of the Ohio Revised Code.
(d) "Bulk food" means processed or unprocessed food in aggregate containers from which quantities desired by the consumer are withdrawn.
(e) "Consideration" means anything of value or of a benefit to the operator.
(f) "Corrosion-resistant materials" means those materials that maintain acceptable sanitary surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.
(g) "Easily cleanable" means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.
(h) "Employee" means the permit holder, individual having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or any other person working in a food establishment.
(i) "Equipment" means items other than utensils used in the storage, preparation, display and transportation of goods such as stoves, ovens, hoods, slicers, grinders, mixers, scales, meat blocks, tables, food shelving, reach-in refrigerators and freezers, sinks, ice makers, and similar items. This definition does not include fork lift trucks or dollies.
(j) "Food" means 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.
(k) "Food contact surfaces”, means those surfaces of equipment and utensils which, under normal conditions, come into contact with food and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.
(l) "Food Establishment" means:
(1) Any place temporary or permanent, stationary or mobile, public or private, where food or drink is prepared, processed, manufactured, packaged, stored, or offered for a consideration except;
A. Homes containing what is commonly known as the family unit and their non-paying guests.
B. Food service operations as defined in 3701-21 of the Ohio Administrative Code.
C. Grade A and Grade B milk producers, milk plants, milk processors, and milk haulers as defined in Section 3707.371 of the Ohio Revised Code.
D. Type A and Type B family day-care homes as defined in Section 5104.01 of the Ohio Revised Code.
E. Meat and poultry plants registered under Section 918.08 and 918.28 of the Ohio Revised Code.
F. Vending machines dispensing foods, beverages, candies, confections, and/or nuts or the location where these machines have been installed.
G. Establishments that have prepackaged, non-potentially hazardous foods such as candies, gums, crackers, and drinks in cans, bottles, or cartons.
H. Roadside markets that offer only fresh fruits and fresh vegetables that are unprepared.
I. Non-profit organizations, churches, schools, fraternal, or veterans organizations selling products on their premises; provided said products are sold on no more than five consecutive days or no more than 52 separate days in one calendar year.
J. Non-profit organizations, churches, schools, veterans organizations selling products off their premises; provided said products are pre-packaged, nonperishable, no processing or raw food handling is carried on in the operations and said products are sold on no more than five consecutive days or no more than fifty-two separate days in one calendar year.
K. Baked goods prepared in homes or any other non-permitted operation and presented as such. Examples include breads, brownies, cakes, cookies, pastries.
(m) "Food Processing Establishment” means a commercial establishment in which food is manufactured or packaged for human consumption under government supervision.
(n) "Health Commissioner" means the person occupying the office in the Franklin County Health District which is created by Section 3709.11 of the Revised Code of Ohio, or an authorized representative.
(o) "Hermetically sealed container” means a container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing. (Res. 1-95. Passed 1-19-95.)
(p) “Inspection report” means the Standard Inspection Report, Critical Control Point Inspection Report, and Process Review Inspection Report issued by Franklin County Public Health to the license holder or proprietor following a standard health or safety inspection.
(q) “License holder” means the person, firm, association, corporation or entity to which the license for the operation of the licensed facility was issued.
(Ord. 2012-08. Passed 5-7-12.)
(r) “Limited Food Establishments" means any place, whether temporary or permanent, stationary or mobile, whether it be considered public, semi-public or private, where food or drink is sold, or offered for sale where no food or drink is prepared, processed, manufactured, or packaged. Any place that uses any utensil or equipment that requires cleaning such as slicers, spoons, knives, etc., would not be considered a"Limited Food Establishment."
(s) "Mobile Food Establishment" means any unit where food is offered for sale and which may be moved from one location to another without significant alteration of the structure or equipment of the unit except:
(1) Mobile food service operations.
(t) "Mobile Food Service Operation” means any operation as defined in Section 3732.01(c) of the Ohio Revised Code.
(u) "Packaged" means bottled, canned, bagged, securely wrapped, or in a carton.
(v) "Permit" means the document issued by the regulatory authority which authorizes a person to operate a food establishment.
(Res. 1-95. Passed 1-19-95.)
(w) "Permittor" means the Franklin County Public Health.
(Ord. 2012-08. Passed 5-7-12.)
(x) “Person” means any political subdivision, special district, public or private corporation, individual, firm, partnership, association, or any legal entity defined as a person under Section 1.59 of the Ohio Revised Code.
(y) "Portion of the premises utilized for the food establishment" means and includes those portions of the structure or building and any parts of the property used for food preparation, food serving, food storage, and related purposes.
(z) “Potentially hazardous food” means any food or ingredient, natural or synthetic, in a form capable of supporting (1) the rapid and progressive growth of infectious or toxigenic microorganisms or (2) the slower growth of C.botulinum. Included is any food of animal origin, either raw or heat treated, and any food of plant origin which has been treated or which is raw seed sprouts. Excluded are the following:
Foods with a water activity (aw) value of 0.85 or less;
Foods with a hydrogen ion concentration (pH) level of 4.6 or below;
Foods, in unopened hermetically sealed containers, which have been commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution; and
Foods for which laboratory evidence (acceptable to the regulatory authority) demonstrates that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of C.botulinum cannot occur.
(Res. 1-95. Passed 1-19-95.)
(aa) “Public Health Signage” means a placard issued by Franklin County Public Health to a License Holder following a standard health or safety inspection, which shall be five and one half (5 ½) inches by four and one quarter (4 1/4) inches in size, or of such other dimension as prescribed by the City.
(Ord. 2012-08. Passed 5-7-12.)
(bb) "Safe materials"means articles manufactured from or composed of materials that may not reasonably be expected to directly or indirectly affect the characteristics of any food.
(cc) “Sanitization" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.
(dd) "Sealed" means free of cracks or other openings that permit the entry or passage of moisture.
(ee) "Single-use container" means any container into which food has been packaged by the manufacturer or packer which is of such construction as to render it difficult to clean and when empty, is to be discarded. Examples of single-use containers include number ten cans, crinkled aluminum pie pans, bread wrappers, plastic jugs with difficult to clean interiors, and similar containers.
(ff) “Tableware" means multi-use eating and drinking utensils.
(gg) "Temporary Food Establishment" means any place where food is offered for a consideration for a single event, in one location, for a period of not more than five consecutive days except:
(1) Temporary Food Service Operations.
(hh) "Temporary Food Service Operation" means any operation as defined in Section 3732.01(d) of the Ohio Revised Code.
(ii) "Transportation" (transported) means movement of food within the retail food establishment or delivery of food from that retail food establishment to another place while under the control of the person in charge.
(Res. 1-95. Passed 1-19-95.)