§ 95.01 DEFINITIONS.
    In addition to the definitions contained in the state’s Department of Public Health Food Service Sanitation Code and Retail Food Sanitation Code the following general definitions shall apply in the interpretation and enforcement of this chapter.
   ADULTERATED. The condition of food if it:
      (1)   Bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
      (2)   Consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;
      (3)   Has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or
      (4)   Is in whole or in part of the product of a diseased animal which has died otherwise than by slaughter.
      (5)   Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
   ANNUAL PERMIT. A food license good from January 1 of the current year through December 31 of the current year.
   APPLICANT. Any person making application to the Board of Health for a permit.
   APPROVED. Acceptable to the Board of Health based on its determination as to conformance with good health practices and standards.
   AUTHORIZED REPRESENTATIVE. Those persons designated by the Board of Health to enforce the provisions of this chapter.
   BOARD OF HEALTH. The Tazewell County Board of Health as the regulatory authority or its authorized representatives.
   CATEGORY I FACILITY. A food service establishment that presents a high relative risk of causing foodborne illness based on the large number of food handling operations typically implicated in foodborne outbreaks and/or the type of population served by the facility. CATEGORY I FACILITIES include those where the following operations occur:
      (1)   Cooling of time/temperature control for safety (TCS) foods occurs as part of the food handling operation at the facility;
      (2)   TCS foods are prepared hot or cold and held hot or cold for more than 12 hours;
      (3)   TCS foods cooked and cooled are reheated for hot holding;
      (4)   Complex preparation of foods, extensive handling of raw occurs as part of the food handling operations at the facility;
      (5)   Vacuum packaging, curing/ smoking meat to preserve it, pasteurizing juice on site for sale; shellfish life-support tanks; sprouting seeds and beans; and/or other forms of reduced oxygen packaging are performed at the retail level; fermentation of foods and/or altering the pH to modify the TCS quality of the food.
      (6)   Immunocompromised individuals are served, where these individuals compromise the majority of the consuming population.
   CATEGORY II FACILITY. A food service establishment that presents a moderate relative risk of causing foodborne illness based upon few food handling operations typically implicated in foodborne illness outbreaks. CATEGORY II FACILITIES include those where the following operations occur:
      (1)   Hot or cold foods are held at that temperature for no more than 12 hours and are restricted to same day services;
      (2)   Foods prepared from raw ingredients use only minimal assembly; or
      (3)   Foods that require complex preparation (whether canned, frozen, or fresh prepared) are obtained from approved food processing plants, or category I retail food service establishments.
   CATEGORY III FACILITY. A food service establishment that presents a low relative risk of causing foodborne illness based upon few or no food handling operations typically implicated in foodborne illness outbreaks. CATEGORY III FACILITIES include those where the following operations occur:
      (1)   Only prepackaged foods are available or served in the facility or dispensed from a vending machine, and any time/temperature controlled for safety are commercially prepackaged in an approved processing plant;
      (2)   Only limited preparations of non-time/temperature controlled for safety and beverages, such as snack foods and carbonated beverages, occurs at the facility; or
      (3)   Only beverages (alcoholic or non-alcoholic) and/or ice are served at the facility.
   CATEGORY III LIMITED FACILITY. A location where stand-alone vending machine(s) dispense time/temperature controlled for safety pre-packaged food, an ice machine(s), or a self-service ice vending kiosk(s) is in operation.
   CERTIFIED FOOD PROTECTION MANAGER. Any individual who has completed a minimum of eight hours of Illinois Department of Public Health-approved training for food service sanitation manager 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.
   CODE. The administrative rules adopted by the Illinois Department of Public Health pertaining to food establishments found at 77 IL Adm. Code 750 "Food Service Sanitation Code.
   CORE ITEM.
      (1)   A provision in this Code that is not designated as a priority item or a priority foundation item.
      (2)   Includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.
   COTTAGE FOOD OPERATION. An operation conducted by a person who produces or packages food or drink, other than foods and drinks listed as prohibited in Public Act 100-0035 paragraph (1.5) of subsection (b), in a kitchen located in that person's primary domestic residence or another appropriately designed and equipped residential or commercial-style kitchen on that property for direct sale by the owner, a family member, or employee. A COTTAGE FOOD OPERATION may ONLY sell products at a farmer's market in Illinois, unless the products have a locally grown agricultural product as the main ingredient may be sold on the farm where the agricultural product is grown or delivered directly to the consumer.
   EQUIPMENT. Stoves, ovens, ranges, hoods, slicers, mixers, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a food service establishment.
   EXEMPT. Those organizations that are not required to pay an annual retail food service establishment permit fee.
   EXEMPT ORGANIZATIONS. Includes schools, churches, veteran/military organizations, level 1-3 food pantries and governmental taxing bodies such as park districts, libraries, fire districts, police departments and townships.
   FARMERS MARKETS. A common facility or area where farmers gather to sell a variety of fresh fruits and vegetables and other locally produced farm and food products directly to consumers.    
   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). Any individual working with unpackaged food, food equipment or utensils, or food contact surfaces. FOOD HANDLER does not include unpaid volunteers in a food establishment, whether permanent or temporary.
   FOOD PANTRY. An individual site that distributes bags or boxes of food directly to those in need and who reside in a specified area. There are three levels of food pantries:
      Level 3: Pantries with only packaged non TCS foods such as canned and packaged dry goods.
      Level 2: Pantries with TCS food frozen and refrigerated.
      Level 1: Pantries with TCS food that are broken down and repackaged.
   GOOD RETAIL PRACTICES. Food safety management system to control basic operational and sanitation conditions within a food establishment.
   HACCP PLAN. A written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Points principles developed by The National Advisory Committee on Microbiological Criteria for Foods.
   LOCAL HEALTH DEPARTMENT. The County Health Department.
   MISBRANDED. The presence of any written, printed, or graphic matter upon or accompanying food or containers of food which is false or misleading.
   MULTIPLE USE SEASONAL TEMPORARY FOOD PERMIT.  The document issued by the Board of Health that authorizes a temporary food establishment to operate for no more six months and is valid for one or more events at the location noted on the permit.
   OFFSITE TEMPORARY FOOD PERMIT. The document issued by the Board of Health that authorizes permitted county food establishments to operate off premises.
   PERMIT. The document issued by the Board of Health that authorizes a person to operate a food establishment.
   PERMIT HOLDER. The entity that is legally responsible for the operation of the food establishment, such as owner, the owner's agent or other person, and possesses a valid permit to operate the food establishment.
   PERSON. Any individual, partnership, corporation, association or other legal entity government or governmental subdivision or agency.
   PERSON IN CHARGE (PIC). Means 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 Board of Health to ensure that food establishments are built or renovated according to current Code regulations or rules; to establish an organized and efficient flow of food; and to eliminate code violations prior to construction.
   PREMISES. The physical facility, its contents, and the contiguous land or property under the control of the permit holder.
   PRIORITY ITEM.
      (1)   A provision in this 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.
      (2)   Includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing; and
      (3)   An item that is denoted in this Code with a superscript P-P.
   PRIORITY FOUNDATION ITEM.
      (1)   A provision in this Code whose application supports, facilitates or enables one or more priority items.
      (2)   Includes an item that requires 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; and
      (3)   An item that is denoted in this Code with a superscript Pf-Pf.
   REMODEL. Altering the structure (does not include cosmetic remodel).
      (1)   EXTENSIVE REMODEL or CHANGE OF OWNER. Seventy-five percent or greater of facility or any change in ownership 100 to 1,000 square feet - $150; over 1,000 to 10,000 square feet - $225; over 10,000 square feet and up - $300.
      (2)   MINOR REMODEL: Less than 75% of facility 100 to 1,000 square feet - $100; over 1,000 to 10,000 square feet - $150; over 10,000 square feet and up - $200.
   RETAIL FOOD SERVICE ESTABLISHMENT. An operation that stores, prepares, packages, serves, vends food directly to the consumer or any place where food is prepared and intended for, though not limited to, individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen type operations that prepare foods intended for individual portion service. The term does not include lodging facilities serving only a continental breakfast (a continental breakfast is one limited to only coffee, tea, and/or juice and commercial prepared sweet baked goods), private events, private homes or a closed family function where food is prepared or served for individual family consumption.
   SANITATION STANDARD OPERATING PROCEDURE (SSOP). A written document of procedures or programs used to maintain an environment in a sanitary condition for food processes to reduce or eliminate foodborne illness risk factors. This also includes temperature monitoring systems and verification.
   SANITIZATION. The application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.
   SEASONAL FOOD SERVICE ESTABLISHMENT. A food service operation, that is operated for not more than six months in a licensing period.
   SINGLE SERVICE UTENSILS. Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles for one-time, one-person use and then discarded.
   STANDARD OPERATING PROCEDURE (SOP). A step-by-step description of cleaning and sanitizing procedures to reduce or eliminate hazards concerning good retail practices.
   TEMPORARY FOOD ESTABLISHMENT. A food service establishment operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single special event or celebration.
   TEMPORARY FOOD PERMIT. Issued to any facility meeting the temporary food service guidelines provided from the County Health Department. Category III facilities who wish to provide food for a special event requiring food handling operations that are not permitted under their current retail food service establishment permit must apply for a temporary food permit. An offsite temporary food permit must be obtained if any food service establishment, licensed by the Board of Health, operates off- site from where their food service establishment permit is issued.
   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 microorganism growth or toxin formation.
      (2)   TIME/TEMPERATURE CONTROL FOR SAFETY FOOD 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 microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and
         (b)   Except as specified in division (3)(d) of this definition, a food that because of the interaction of its AW and PH values is designated as product assessment required (PA) in Table A or B of this definition.
      (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 in 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 in Table A or B of this definition;
         (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 factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use, or
            3.   A combination of intrinsic and extrinsic factors; or
         (e)   A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the divisions (3)(a) - (3)(d) 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.
   UTENSIL. Any implement used in the storage, preparation, transportation or service of food.
   VARIANCE. A written document issued by the Board of Health that authorizes a modification or waiver of one or more requirements of the Code.
   WHOLESOME. In sound condition, clean, free from contamination and otherwise suitable for use as human food.
(Prior Code, 6 TCC 3-1) (Res. E-20-49, passed 5-27-2020; Res. E-20-73, passed 7-29-2020; Res. E-22-95, passed 9-28-2022)