§ 6-102. Definitions.

   (1)   Adultered. Any food or drug:

      (a)   which is boxed, mixed, packed, or combined in any manner with any substance so that its quality, strength or purity is injuriously affected to the detriment of public health;

      (b)   out of which any valuable constituent has been wholly or partly abstracted to the detriment of the public health;

      (c)   which is below the standard of quality represented to the purchaser or consumer in a manner relating to the public health;

      (d)   which is mixed, colored, changed in color, coated, polished, powdered, stained, or bleached or changed in flavor so that damage or inferiority is concealed in any manner to the detriment of public health;

      (e)   which contains any antiseptic or preservative which may render it injurious to health;

      (f)   which consists of or is manufactured in whole or in part from a diseased, rancid, contaminated, filthy, or decomposed animal or vegetable substance;

      (g)   which is produced, processed, stored, transported or kept in a way or condition that might tend to render it diseased, contaminated or dangerous to human life or health;

      (h)   which is in any part the product of a diseased animal or any animal that has died otherwise than by slaughter;

      (i)   which is contaminated or otherwise damaged by fire, smoke, water, sewage, radiation, chemicals, or any accident whatsoever; or which is contaminated by damage to the container thereof as a result of any such accident;

      (j)   which does not conform to the standards of quality or safety for human consumption prescribed by this Title and the regulations of the Board adopted under it.

   (2)   Animal. Any member of the group of living beings typically capable of spontaneous movement and rapid motor response to stimulation, including birds, rodents and arthropods, but excluding human beings.

   (3)   Aquatic Activities. Water sports and water activities, including swimming and wading.

   (4)   Board. The Board of Health of the City.

   (5)   Care. The reception, detention, transfer, discharge, custody, treatment, maintenance, education, training, occupation, or employment of patients and the provision of all types of medical, dental, surgical, or nursing attention or treatment, food or clothing for such patients.

   (6)   Carrier. A person or animal who, without apparent symptoms of a communicable disease, harbors the specific infectious agent thereof and may serve as a source of infection.

   (6.1)   Chain. 2 A group of food establishments under common ownership or control and/or doing business under the same trade name.

   (6.2)   Chain Restaurant. 3 A restaurant or retail food establishment, including but not limited to a convenience store, deli, bakery, cookie counter, ice cream shop or coffee shop, that does business under the same trade name as used by fifteen (15) or more other establishments that offer for sale substantially the same menu items (whether such other establishments are located in the City or elsewhere and regardless of the type of ownership of each individual establishment).

   (6.3)   Children's Meal. 4 Any combination of food and beverage items offered for sale together at a single price and primarily intended for consumption by children.

   (7)   Commissioner. The Health Commissioner of the City.

   (8)   Communicable Disease. An illness or infectious disease which is transmissible directly or indirectly to a well person from any other person, animal, arthropod, or through the agency of an intermediate host, vector, or the inanimate environment.

   (9)   Condemnation. Designation by the Department of any food or drug as unfit for human consumption or human use.

   (10)   Contamination. The presence of pathogenic agents or toxic substances or other agents indicative of the potential presence of pathogenic agents or toxic substances on or in a surface, article or substance.

   (11)   Dairy Farm. Any place or premises where one or more cows or goats are kept, a part or all the milk or milk products of which are sold or delivered to any person.

   (11.1)   Default Beverage. 5 Any beverage that is automatically included or offered as part of a children's meal, absent a specific request by the purchaser of the children's meal for an alternative beverage.

   (12)   Denature. The process of rendering food or drugs readily recognizable as unfit for human consumption or human use.

   (13)   Department. The Department of Public Health of the City, the Commissioner of the said Department, or any authorized representative thereof.

   (13.1)   Discrete Serving. 6 The separated or easily separable uniform portion or portions of a Menu Item comprising a reasonable estimate of one person's share of the Menu Item. For example, a pizza with eight (8) slices that is reasonably estimated to serve two (2) people contains two (2) Discrete Servings. Menu Items without separated or easily separable uniform portions do not contain Discrete Servings.

   (14)   Disinfection. The killing of pathogenic agents by chemical or physical means.

   (15)   Drug. Any article or substance, other than food which is:

      (a)   recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; or

      (b)   intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in man; or

      (c)   intended to affect the structure or any function of the body of man; or

      (d)   intended for external application for the purpose of cleansing, beautifying, promoting the attractiveness, or altering the appearance and which may adversely affect the public health; or

      (e)   intended for use as a component of any article specified in subsection (a), (b), (c) or (d); but excluding instruments, contrivances and apparatus or their component parts, or accessories intended for use as set forth in subsections (b) and (c).

   (16)   Equipment. All machinery, including fixtures, containers, vessels, tools, implements, furniture, display and storage areas, sinks, and other apparatus used in connection with the operation of any establishment.

   (17)   Establishment. Any place or premise, whether public or private where any person conducts any enterprise, occupation, vocation or business, whether or not for profit and whether temporarily or permanently located.

   (18)   Food. Every substance intended for human consumption, whether in solid or liquid form, including every article used for, or entering into the composition of, or intended for use as, an ingredient in the preparation of food for any person.

   (19)   Food Establishment. Any establishment or portion thereof where food is handled or sold, including a permanent structure, a stationary or movable stand, vehicle, cart, basket, box, vending machine or other container, but excluding:

      (a)   railroad dining cars in transit; and

      (b)   exclusively financial investment and brokerage transactions where food is not actually handled in the City.

   (19.1)   Food Service Establishment. 7 A food establishment where food or drink is prepared or served for consumption either on the premises or elsewhere, including such establishments as restaurants, grills, diners, sandwich shops, dining rooms of hotels, coffee shops, cafeterias, taverns, market stalls, vending carts, vending vehicles and other similar places.

   (19.2)   Food Tag. 8 A written or printed description of food or beverages placed in the vicinity of a sample item, such as a label or placard identifying a type of ice cream or donut.

   (20)   Frozen Desserts. Any frozen or partially frozen product or mix for freezing,

      (a)   containing milk, milk products or milk derivatives, including ice cream, frozen custard, milk sherbet, or other similar products; or

      (b)   combining water, sugar, fruit, stabilizer, flavoring, whether natural or artificial, including ice, shaved ice, water sherbet, and any other similar products.

   (21)   Handle. The actual collecting, keeping, storing, manufacturing, preparing, cooking, processing, dressing, slaughtering, distributing and transporting of food.

   (22)   Health Code. This Title.

   (23)   Immunization. The induction or introduction of specific protective antibodies or cellular immunity in any susceptible person or animal.

   (24)   Incubation Period. The time interval between the infection of a susceptible person or animal and the appearance of signs or symptoms of the disease in question or the longest usual time in which such signs or symptoms of the disease in question normally appear.

   (25)   Industrial Establishment. Any establishment where products, materials or merchandise are stored, serviced, processed, produced or manufactured or where any step or steps in the processing, production or manufacture thereof are taken whether or not the same are to be sold for resale, or for use in connection with such establishment itself or as a service to the public.

   (26)   Infection. The entry and multiplication of any particular pathogen in the body of man or animal.

   (27)   Infectious Disease. A disease of man or animals resulting from a transmissible infection, whether or not patent, apparent, inapparent, latent, clinical or subclinical.

   (28)   Institution. Any establishment where:

      (a)   two or more patients receive care, including hospitals, maternity homes, nursing homes, convalescent homes and homes for the aged;

      (b)   persons or patients receive penal or correctional care;

      (c)   one or more patients under sixteen years of age receive care, including boarding houses, camps, private residences, day nurseries, private nursery schools, day care centers, and foster homes, but excluding schools, and State-owned or operated establishments.

   (29)   Isolation. The separation of persons or animals for a communicable disease from other persons or animals so as to prevent the spread of such communicable disease to other persons or animals.

   (30)   Laundry. Any establishment or machine, equipment or appliance receiving soiled articles for marking, sorting, washing, drying, starching or ironing, except any such machine or appliance which is used in a private residence by a single family only.

   (31)   Meat. The carcass or any part of the carcass of any animal.

   (32)   Meat Products. Any product made in whole or part from meat.

   (32.1)   Menu. 9 A written or printed description of food or beverage items offered for sale, whether in the form of a pamphlet, folio, tablet, sign, board, tag or other form.

   (32.2)   Menu Board. 10 A list of food or beverages that is posted and intended for joint viewing by multiple customers such as back-lit marquee signs in the area of the point of sale, chalk boards and drive-through menu signs.

   (32.3)   Menu Item. 11 A food item or combination of food items that is displayed as an individual menu item, except a special food item or combination of food items that will be available for fewer than sixty (60) days.

   (33)   Midwife. Any person, other than a physician or osteopath or a person under the direct supervision of a physician or osteopath, who attends any woman in childbirth for hire, or who makes a practice of attendance of women in childbirth gratuitously.

   (34)   Milk. The lacteal secretion obtained by the milking of one or more cows or goats.

   (35)   Milk Derivatives. Butter, cheese, condensed milk, condensed skim milk, evaporated milk, powdered milk, or powdered milk products.

   (36)   Milk Plant. Any food establishment where milk is collected, separated, processed, stored, bottled, pasteurized or prepared in any manner for sale as milk or milk products.

   (37)   Milk Products. Skim milk, non-fat milk, cream, sour milk, sour cream, buttermilk, flavored milk, cultured milk, cottage cheese, creamed cottage cheese, and all other fluid derivatives of milk except those defined as milk derivatives.

   (37.1)   Minor. 12 Any person under eighteen (18) years of age.

   (38)   Osteopath. Any person licensed by the Commonwealth to practice osteopathy.

   (38.1)   Outdated Product. 13 This term shall include:

      (a)   any non-prescription drug, infant formula or baby food that is subject to expiration dating requirements issued by the federal Food and Drug Administration, if the date of expiration has passed; or

      (b)   milk, milk products and eggs, after the sell-by date designated on the container.

   (39)   Pasteurized. The process whereby every particle of milk or milk products is heated to at least 143° F. with holding at such temperature continuously for at least 30 minutes or at least 161° F. with holding at such temperature continuously for at least 15 seconds in approved and properly operated equipment, except that in the case of frozen desserts the conditions shall be 155° F. with continuous holding at such temperature for at least 30 minutes or 175° F. with continuous holding at such temperature for at least 25 seconds in approved and properly operated equipment; or other process whereby every particle of milk, milk products, milk derivatives, or frozen desserts is heated to such temperature and held continuously for such period of time as the regulations of the Board may declare to afford equivalent protection against contamination.

   (40)   Patient. 14 Any person receiving care in any institution, but excluding persons related by blood, Life Partnership or marriage to the person in active charge thereof.

   (40.1)   Phototherapy device. 15 Equipment that emits ultraviolet radiation and is used by health care professionals in the treatment of disease.

   (41)   Physician. Any person licensed by the Commonwealth to practice medicine.

   (42)   Private Residence. The buildings, grounds, and premises or portions thereof occupied by any person as a place of personal habitation.

   (43)   Quarantinable Disease. Any communicable disease which seriously endangers the public health when uncontrolled.

   (44)   Quarantine. The complete, selective, or partial limitation of freedom of movement or disposition of any person or animal for quarantinable disease, for a period of time equal to the incubation period of such disease.

   (45)   Rendering Plant. Any industrial establishment where hide, skin, fat or grease or mineral substances are obtained from the carcass of any dead animal for either edible or inedible uses.

   (46)   Reportable Disease. Such diseases about which data and information is needed in order effectively to carry out those programs of the Department designed to protect and promote the health of the people of the City or to determine the need for the establishment of such programs.

   (47)   School. Any establishment, whether private, public or parochial, attended by children of legal school age or older for primarily educational purposes.

   (48)   Sell. Vend, exchange, barter, trade, or deal in, with or without direct charge; or have possession, care, control, or custody with intent to vend, exchange, barter, trade or deal in; or offer or expose for sale with or without direct charge.

   (49)   Shellfish. All fresh or frozen oysters, clams or mussels, either shucked or in the shell, and any fresh or frozen edible products thereof.

   (49.1)   Sodium Warning Label.  16 The following icon displayed in either red or black, which the Department of Public Health shall make available for download, the size of which may be proportionally scaled to a height no less than the height of the name of the food item or combination of food items next to or under which the icon appears when its display is required by Section 6-310. The icon may be displayed using a different font if the font is legible and each letter and the triangle remain of uniform height.

   (49.2)   Sodium Warning Statement.  17 The following statement:

      : Sodium content higher than daily recommended limit (2,300 mg). High sodium intake can increase blood pressure and risk of heart disease and stroke.

   (50)   Swimming Place. Any body of water, natural or artificial, used collectively by numbers of persons for aquatic activities, together with the shores, buildings, equipment, and appurtenances pertaining to such swimming place, whether or not a fee is charged for such use, excluding swimming facilities at private residences which are intended solely for the use of the owner or his family or guests without charge.

   (51)   Tanning Equipment or Device. 18 Equipment that emits ultraviolet (UV) radiation and is used for tanning of the skin, including but not limited to, a sunlamp, ultraviolet lamp, tanning booth or tanning bed. The term also includes any accompanying equipment such as protective eyewear, timers and handrails but does not include the following:

      (a)   Phototherapy devices utilized by appropriate health care professionals under the direct supervision of a physician trained in the use of phototherapy devices;

      (b)   Devices used for personal use in a private residence; or

      (c)   Devices used to apply chemicals to the skin to achieve a bronze color, commonly referred to as spray- on, mist-on or sunless tans.

   (52)   Tanning Facility. 19 Any place or business that provides consumers with access to tanning equipment or a tanning device for a fee, membership dues or any other form of compensation.

   (53)   Toxic Substance. 20 Any agent, substance, or organism capable of causing poisoning or an injurious or deadly effect when introduced into the human body by means of inhalation, ingestion, or absorption or penetration through the skin or mucous membrane.

   (54)   Utensil. 21 Any kitchenware, tableware, glassware, cutlery, containers, or other articles with which food comes in contact during handling.

   (55)   Venereal Disease. 22 Syphilis, gonorrhea, chancroid, lymphogranuloma venereum and granuloma inguinale.

   (56)   Veterinarian. 23 Any person licensed by the Commonwealth to practice veterinary medicine.

 

Notes

2	Added, Bill No. 090383 (approved August 17, 2009).
3	Added, Bill No. 080167-A (approved November 19, 2008); renumbered, Bill No. 090383 (approved August 17, 2009); amended, Bill No. 180001-A (approved September 12, 2018).
4	Added, Bill No. 190505 (approved October 2, 2019), effective April 1, 2020.
5	Added, Bill No. 190505 (approved October 2, 2019), effective April 1, 2020.
6	Added, Bill No. 180001-A (approved September 12, 2018).
7	Added, Bill No. 060958 (approved February 15, 2007).
8	Added, Bill No. 080167-A (approved November 19, 2008).
9	Added, Bill No. 080167-A (approved November 19, 2008).
10	Added, Bill No. 080167-A (approved November 19, 2008).
11	Added, Bill No. 180001-A (approved September 12, 2018).
12	Added, Bill No. 130057 (approved June 5, 2013), effective August 4, 2013.
13	Added, Bill No. 090383 (approved August 17, 2009).
14	Amended, Bill No. 130224 (approved May 8, 2013).
15	Added, Bill No. 130057 (approved June 5, 2013), effective August 4, 2013.
16	Added, Bill No. 180001-A (approved September 12, 2018).
17	Added, Bill No. 180001-A (approved September 12, 2018).
18	Added, Bill No. 130057 (approved June 5, 2013), effective August 4, 2013.
19	Added, Bill No. 130057 (approved June 5, 2013), effective August 4, 2013.
20	Renumbered, Bill No. 130057 (approved June 5, 2013), effective August 4, 2013.
21	Renumbered, Bill No. 130057 (approved June 5, 2013), effective August 4, 2013.
22	Renumbered, Bill No. 130057 (approved June 5, 2013), effective August 4, 2013.
23	Renumbered, Bill No. 130057 (approved June 5, 2013), effective August 4, 2013.