§ 55.02 DEFINITIONS.
   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 of Health 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 if one 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;
      (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; breakfast may be provided to the guests only; this term shall not include motels, hotels, boarding houses or food service establishments (50 ILCS 820/2.a.).
   COMMISSARY. A local health department permitted food establishment that acts as a base of operations for a mobile food establishment. The commissary provides facilities for adequate storage of food, food containers, or food supplies; equipment for adequate washing and sanitazing of food equipment and utensils; a servicing area for the sanitary disposal of liquid waste; for handling and disposal of garbage, grease and rubbish originating from the mobile food establishment; facilities for filling a potable water holding tank in a sanitary manner.
   CONCESSION STAND. A food establishment that is a permanent food service stand or building, operating in conjunction with an athletic or entertainment event operating no more than 100 days annually.
   EXTENSIVE REMODEL. Any structural additions or alterations to existing establishments; changes, modifications, and extensions of plumbing, excluding routine maintenance. Extensive remodeling does not include redecorating, altering seating design, or reducing seating capacity.
   FARMERS’ MARKET TEMPORARY FOOD PERMIT. A permit valid for one day of operation per week at the same farmers’ market location in the county up to 24 consecutive weeks.
   FOOD. 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 (77 Ill. Adm. Code 750).
   FOOD ESTABLISHMENT. Stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food for 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.
      (1)   FOOD ESTABLISHMENTS includes an element of the operation such as a transportation vehicle or 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 an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
      (2)   FOOD ESTABLISHMENT does not include an establishment that offers only prepackaged foods that are not time/temperature control for safety foods; a produce stand that only offers whole, uncut fresh fruits and vegetables; a food processing plant including those that are located on the premises of a food establishment; 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 guests; 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 a cottage food operation. (77 Ill. Adm. Code 750)
   FOOD PANTRY. A public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. (7 USCS § 7501 (Title 7, Agriculture; Chapter 102, Emergency Food Assistance))
   HEALTH DEPARTMENT. The County Health Department.
   HEALTH OFFICER. The Administrator of the County Health Department or their authorized representative.
   IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on: 1) The number of potential injuries, and 2) The nature, severity, and duration of the anticipated injury. (77 Ill. Adm. Code 750)
   MISBRANDED. The presence of any written, printed or graphic matter upon or accompanying food or containers of food which is false or misleading.
   MOBILE FOOD ESTABLISHMENT A vehicle-mounted food establishment designed and operated to be readily movable, e.g., mobile truck moving from location to location continuously. The unit shall not have permanent connections to water, wastewater, or electricity. This term includes trailer-mounted kitchens. The mobile food establishment shall not be used for any purpose other than a mobile food establishment. The mobile food establishment shall not be stored at a personal residence.
   MOBILE FOOD ESTABLISHMENT ANNUAL FOOD SERVICE PERMIT. Is intended for those who operate at approved locations within Madison County and have obtained the proper authorization from the county, and cities or municipalities to operate in accordance to their codes and ordinances. Mobile food establishments who wish to obtain a temporary food establishment permit and have not obtained an annual permit may only operate under a temporary food service permit at temporary events.
   PERMIT HOLDER. Any person or his or her agent who makes application for a permit to operate a food service establishment, retail food store or temporary food establishment pursuant to this chapter.
   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.
   POTENTIALLY HAZARDOUS FOOD. Any time/temperature control for food safety.
(77 Ill. Adm. Code 750)
   SPECIAL EVENT. A unique event at a particular location, such as a celebration, festival or fundraiser that occurs no more than twice a year.
   TEMPORARY FOOD ESTABLISHMENT. A food establishment that operates for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration.
(77 III. Adm. Code 750)
   TIME/TEMPERATURE CONTROL FOR SAFETY FOOD. A food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
(1993 Code, § 55.02) (Ord. 2008-15, passed 11-19-2008; Ord. 2012-03, passed 5-16-2012; Ord. 2018-04, passed 12-1-2018)