In addition to the definitions contained in the laws, rules, and regulations referenced in § 91.04, the following definitions shall apply in the interpretation and enforcement of this chapter.
   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 if one has been established;
      (3)   If it consists in whole or part of any filthy, putrid, or decomposed substance or if it is otherwise unfit for human consumption;
      (4)   If it has been processed, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health;
      (5)   If it is whole or part the product of a diseased animal or animal which has died otherwise by slaughter; or
      (6)   If its containers are composed in whole or part of any poisonous or deleterious substance which may render the contents injurious to health.
   APPLICANT. Any person making application to the Health Authority for a permit.
   APPROVED. Accepted by the Health Authority based on its determination as to conformance with principles, practices, and generally recognized standards that protect public health.
   AUTHORIZED REPRESENTATIVE. Those persons designated by the Health Authority to enforce the provisions of this chapter.
   BOARD. The Macon County Board of Health.
   BUSINESS DAYS. Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding holidays.
   CATEGORY. A classification based on the Illinois Department of Public Health's local health protection grant standards for conducting a food protection program. Each food establishment will be assessed to determine the relative risks of causing foodborne illness. The minimum number of routine inspections per year is determined by the food establishment's risk classification.
   CEASE AND DESIST ORDER. A written order issued by the Health Authority which directs the responsible person to immediately stop doing or allowing a specific action to occur. A cease and desist order may or may not include a direction to completely cease operations at a facility. A cease and desist order may include a timeframe to achieve compliance as long as there is not an imminent health hazard to public health and safety.
   CERTIFIED FOOD PROTECTION MANAGER. An individual who has completed a minimum of eight hours of an Illinois Department of Public Health-approved training program for food service sanitation manger certification, inclusive of the examination, and received a passing score on the examination set by the certification exam provider accredited under standards developed and adopted by the Conference for Food Protection or its successor organization, shall be considered to be a certified food service sanitation manager, and maintains a valid certificate.
   CHANGE OF OWNERSHIP. A change in the permit holder. This means that the entity that is legally responsible for the operation of the food establishment, such as the owner or other person, has changed.
   CODE or FOOD CODE. The administrative rules adopted by the Illinois Department of Public Health pertaining to food establishments. Found at 77 IL Adm. Code 750.
   CORE ITEM. A provision in the Code that is not designated as a priority item or a priority foundation item; includes items that usually relate to general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design, or general maintenance.
   CORE ITEM VIOLATION. A violation of a provision in this chapter whose application supports, facilitates, or enables one or more core items.
   EMPLOYEE. Includes the permit holder, person in charge, a food employee, a person having supervisory or management duties, a person on the payroll, a family member, a volunteer, a person performing work under contractual agreement, or other person working in a food establishment.
   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.
   FOOD HANDLER / FOOD EMPLOYEE. An individual working with unpackaged food, food equipment or utensils, or food contact surfaces. Does not include unpaid volunteers in a food establishment, whether permanent or temporary.
   FOOD ESTABLISHMENT. Any food service establishment; tavern; bar; nightclub; commissary; catering kitchen; bakery; restaurant; retail food store; mobile food unit; sidewalk and street food vending unit; temporary food establishment; private, public or nonprofit organization or institution routinely serving food; and any other eating or drinking establishment or operation where food or drink is prepared, served, or provided for human consumption, on or off premises, with or without charge. FOOD ESTABLISHMENT does not include an establishment that offers only prepackaged foods that are not time/temperature controlled for safety; a produce stand that only offers whole, uncut fresh fruits and vegetables; 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 (50 ILCS 820) that prepares and offers food to guests.
   FOOD PREPARATION. The handling, processing, and/or serving of foods.
   HAZARD ANALYSIS and CRITICAL CONTROL POINT (HACCP). A systematic approach to identifying, evaluating, and controlling food safety hazards. Food safety hazards are biological, chemical, or physical agents that are reasonably likely to cause illness or injury in the absence of their control.
   HEALTH AUTHORITY. The Public Health Administrator of the Macon County Health Department or his/her authorized representative.
   HEALTH DEPARTMENT. The Macon County Health Department.
   HOLD ORDER/EMBARGO. An order issued by the Health Authority that acts as a temporary isolation or quarantine of food or equipment that the Health Authority believes, or has reason to believe, is in violation of this chapter.
   IMMINENT HEALTH HAZARD. Significant threat or danger to health that exists when there is sufficient evidence to show that a product, practice, circumstance, or event creates a situation that requires immediate correction of cessation of operation to prevent injury, based on:
      (1)   The number of potential injuries; and/or
      (2)   The nature, severity, and duration of the anticipated injury.
   MENU LIMITATION. A modification or constraint imposed by the Health Authority on a food establishment's food preparation based on the type of operation, menu items, or available equipment.
   PERMIT. The document issued by the Health Authority that authorizes a person to operate a food establishment.
      (1)   ANNUAL PERMIT: Valid from January 1 of the current year through December 31 of the current year.
      (2)   SEASONAL PERMIT: Valid from March 15 of the current year through November 30 of the current year. Seasonal stands shall meet all applicable requirements for a food service establishment. Those stands unable to meet basic food safety requirements, including without limitation, a potable water source under pressure, hot water heating device, proper sewage disposal facilities, required handwashing facilities, and required utensil washing facilities, shall limit their menu to prepackaged foods only.
      (3)   TEMPORARY PERMIT: Issued to a food establishment that operates at a fixed location for a period of time not to exceed more than 14 consecutive days in conjunction with a single event or celebration.
   PERSON. An association, corporation, individual, partnership, other legal entity, government, or government subdivision or agency.
   PERSON IN CHARGE. The individual present at a food establishment who is responsible for the operation at the time of inspection.
   PLAN REVIEW. An evaluation process conducted by the Health Authority to determine whether minimum standards are met for sanitary design, facility layout, operational and product flow, menu processes and food handling procedures, construction, operation and maintenance of a food establishment and its premises.
   PREMISES. The physical structure, its contents, and the contiguous land or property under the control of the permit holder.
   PRIORITY FOUNDATION ITEM. A provision in the code that includes those items that require the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling.
   PRIORITY FOUNDATION ITEM VIOLATION. A violation of a provision in this chapter whose application supports, facilitates, or enables one or more priority foundation items.
   PRIORITY ITEM. A provision in the code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard; includes items with quantifiable measure to show control of hazards such as cooking, reheating, cooling, and hand washing.
   PRIORITY ITEM VIOLATION. A violation of a provision in this chapter whose application supports, facilitates, or enables one or more priority items.
   PUBLIC EVENT. Any event open to the public where food is prepared or served. An event open to the public that is advertised with fliers, banners, newspaper articles, radio or television announcements, internet postings, social media, or by other means is a public event and subject to regulation under this chapter. Any event that is not a public event shall be treated as private. The determination of whether an event shall be regulated as a public event is at the sole discretion of the Health Authority.
   REMODEL. The repair, construction, alteration or installation of new equipment, modification of existing equipment or fixtures, change in floor plan layout, the addition of more seating and/or toilet rooms, extensive changes in surface finishes or lighting, expansion to new space, or significant changes to use of space or equipment. Generally a remodel does not include redecorating; cosmetic refurbishing; cleaning surfaces; altering seating design; minimal repairs of finished surfaces; "like for like" equipment exchanges; equipment or infrastructure minimal repair, service or maintenance; and/or additions to equipment that require no installation or modification of existing fixtures (such as countertop plug in equipment). A remodel requires a plan review to be performed and approval granted prior to construction and operation of any new or remodeled establishment when one or more of the following criteria, at the sole discretion of the Health Authority, are met:
      (1)   Requires a permit from the building authority having jurisdiction;
      (2)   Menu item exchange or additions with the need for different process, preparation method, equipment or service;
      (3)   Extensive equipment changes;
      (4)   Extensive utility changes or repairs;
      (5)   Extensive repairs after an incident e.g. fire or flood;
      (6)   Conversion of a building/space/operation from a non-food establishment to a food establishment;
      (7)   Equipment changes that alter capacity or location that may result in a reduction of the food establishment capabilities;
      (8)   Change of ownership; or
      (9)   Reopen after closure of business.
   REPEAT VIOLATION. A violation noted on the previous inspection report that is observed again on the next routine inspection on the same piece of equipment, same area of facility, or same practice.
   TIME/TEMPEARTURE CONTROL FOR SAFETY FOOD. (Formerly known as POTENTIALLY HAZARDOUS FOODs.) A food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
   VARIANCE. A written document issued by the Health Authority that authorizes a modification or waiver of one or more requirements of this chapter. Any such modification or waiver is at the sole discretion of the Health Authority.
   WHOLESOME. In sound condition, clean, free from adulteration or contamination, and otherwise suitable for human consumption.
(Ord. O-132-11-18, passed 11-8-2018)