For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words and phrases shall be taken in their plain, or ordinary and usual sense, except where used in a technical sense or where context or the intent of the County Board indicates or requires a different meaning.
ADULTERATED. The condition of any food:
(1) If it bears or contains any poisonous or deleterious substance in a quantity which may render it 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 such tolerance of one that has been established;
(3) If it consists in whole or in part of any filthy, putrid or decomposed substance or it is otherwise unfit for human consumption;
(4) If it has been processed, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health;
(5) If it is in whole or in part the product of a diseased animal or animal which has died otherwise than by slaughter; or
(6) If its containers are composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
(410 ILCS 620/10)
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; meals may be provided to the guests only as allowed by the Bed and Breakfast Act (50 ILCS 820); this term shall not include motels, hotels, boarding homes or food service establishments.
(50 ILCS 820/2.a)
FOOD. According to the 2017 Food and Drug Administration Food Code, Title 77, Ch. I, Subch. m, pt. 750, § 750.110, any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or sale in whole or in part for human consumption, or chewing gum.
FOOD ESTABLISHMENT.
(1) According to the 2017 Food and Drug Administration Food Code, Title 77, Ch. I, Subch. h, pt. 615, § 615.310, an operation that stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides human consumption, such as a restaurant, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, conveyance used to transport people, institution or food pantry; and relinquishes possession of food to a consumer directly, or indirectly, through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(2) FOOD ESTABLISHMENT includes:
(a) An element of the operation, such as transportation vehicle or a central preparation facility, that supplies a vending location or satellite feeding location, unless the vending or feeding location is permitted by the regulatory authority; and
(b) An operation that is conducted in a mobile, stationary, temporary or permanent facility or location. This inclusion applies regardless of where consumption is on or off the premises and where there is a charge for food.
(3) FOOD ESTABLISHMENT does not include:
(a) An establishment that offers only prepackaged foods that are not time/temperature controlled for safety;
(b) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(c) A food processing plant, including those that are located on the premises of a food establishment;
(d) A kitchen in a private home, such as a small family daycare provider or a bed and breakfast operation as defined in the Bed and Breakfast Act that prepares and offers food to guest;
(e) A private home that receives catered or home delivered food; a closed family function where food is prepared or served for individual family consumption; or
(f) A cottage food operation.
HEALTH DEPARTMENT. The Jersey County Health Department.
HEALTH DEPARTMENT COMMITTEE. Three members of the Jersey County Board of Health.
HEALTH OFFICER. The Director of Environmental Health at Jersey County Health Department or his or her authorized representative.
LICENSE HOLDER. Any person or his or her agents who makes application to license a food service establishment, retail food store or temporary food establishment pursuant to this chapter.
MISBRANDED. The presence of any written, printed or graphic matter upon or accompanying food or containers of food which is false or misleading.
NOT-FOR-PROFIT ORGANIZATION. Those organizations recognized as such pursuant to the laws of the state. This definition does not include organizations in possession of any annual liquor license (not a special event license) or a state sales tax number for commercial purposes (not tax exempt numbers).
PERSON. An individual, firm, partnership, co-partnership, company, corporation, trustee, lessee, receiver, association, municipality or any political subdivision or department thereof, or any other entity, or its agent.
TEMPORARY FOOD ESTABLISHMENT. A food service establishment that operates at a fixed location for a period of time or more than three consecutive days but less than 14 consecutive days in connection with a single event or celebration.
(77 Ill. Adm. Code 750)
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (FORMERLY “POTENTIALLY HAZARDOUS FOOD” (PHF)).
(1) A food that requires time/temperature control for safety (TCS) to limit pathogenic microorganisms growth or toxin formation.
(2) TIME/TEMPERATURE CONTROL FOR SAFETY includes:
(a) An animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganisms growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganisms growth or toxin formation; and
(b) Except as specified in division (3)(d) below of this definition, a food that because of the interaction of its Aw and pH values is designated as product assessment required (PA).
(3) TIME/TEMPERATURE CONTROL for safety food does not include:
(a) An air-cooled hard boiled egg with shell intact, or an egg with shell intact that is not hard boiled, but has been pasteurized to destroy all viable salmonellae;
(b) A food is an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;
(c) A food that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-TCS food;
(d) A food that is designated as product assessment required (PA) in Table A or B of this definition and has undergone a product assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to:
1. Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants or nutrients;
2. Extrinsic factors including environmental or operational facts that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of stand and use; or
3. A combination of intrinsic and extrinsic factors.
(e) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the divisions (3)(a) through (3)(d) above of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.
(Ord. 17-2, passed 2-14-2017)