901:3-4-01 Definitions.

As used in this chapter:

(A) “Adulteration” has the meaning given in section 3715.59 of the Revised Code.

(B) “aw” means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw.

(C) Catering food service operation means a food service operation where food is prepared for serving at a function or event held at an off-premises site, for a charge determined on a per-function or per-event basis.

(D) “Certified in food protection” means an individual has met the certification requirements pursuant to Chapter 3717. of the Revised Code.

(E) “Director” means the director of agriculture or an authorized designee of the director.

(F) “Employee” means the license holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food service operation or retail food establishment.

(G) “Equipment” means an article that is used in the operation of a food service operation or retail food establishment such as a freezer, grinder, hood, icemaker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, bulkwater machine, or warewashing machine. “Equipment” does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, or skids.

(H) “Food” means 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, or chewing gum.

(I) “Licensor” means one of the following:

(1) A board of health of any city or general health district, or the authority having the duties of a board of health as authorized by section 3709.05 of the Revised Code, approved under section 3717.11 of the Revised Code;

(2) The director of agriculture acting under section 3717.11 or 3717.111 of the Revised Code with respect to respect to the licensing of retail food establishments; or

(3) The director of health acting under section 3717.11 or 3717.111 of the Revised Code with respect to the licensing of food service operations.

(J) “Misbranding” has the meaning given in section 3715.60 of the Revised Code.

(K) “Mobile retail food establishment” means a retail food establishment that is operated from a movable vehicle or other portable structure, and that routinely changes location, except that if the establishment operates from any one location for more than forty consecutive days, the establishment is no longer a mobile retail food establishment.

(L) “Noncommercial retail food establishment” means a retail food establishment as described in Chapter 3717. of the Revised Code, conducted by any of the following: an agency of government, a church, school, non-profit youth group whose membership consists primarily of persons aged eighteen or younger, or an organization which is described in subsection 501(c)(3) and is tax exempt under subsection 501(a) of the Internal Revenue Code.

(M) “Noncommercial temporary retail food establishment” means a temporary retail food establishment as described in Chapter 3717. of the Revised Code conducted by any of the following: an agency of government, a church, school, fraternal organization, service club organization, veterans’ organization, volunteer fire organization, non-profit youth group whose membership consists primarily of persons aged eighteen or younger, volunteer emergency medical service organization, or an organization which is described in subsection 501(c)(3) and is tax exempt under subsection 501(a) of the Internal Revenue Code, or any individual or group raising all of its funds for the benefit of one of these organizations if such operation is operated at an event for no more than five consecutive days, except when operated for more than five consecutive days under division (E)(2) of section 3717.23 of the Revised Code.

(N) “Potentially hazardous food” : means time/temperature controlled for safety food as defined in paragraph (S) of this rule.

(O) “Premises” means:

(1) The physical facility, its contents, and the contiguous land or property under the control of the license holder; or

(2) The physical facility, its contents, and the land or property not described under paragraph (O)(1) of this rule if its facilities and contents are under the control of the license holder and may impact food service operation or retail food establishment personnel, facilities, or operations, and a food service operation or retail food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

(P) “Process review inspection” means an inspection made to determine if a risk level four or food processing procedure is being conducted within the parameters required by Chapter 3717. of the Revised Code.

(Q) “Standard inspection” means an inspection designed to determine compliance with Chapter 3717. of the Revised Code, section 3715.551 of the Revised Code and the rules adopted thereunder.

(R) “Temporary retail food establishment” means a retail food establishment that is operated at an event for not more than five consecutive days, except when operated for more than five consecutive days pursuant to division (E)(2) of section 3717.23 of the Revised Code.

(S) “Time/temperature controlled for safety food” or “TCS food” means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.

(1) TCS 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 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 paragraph (S)(2)(d) of this rule, 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 rule.

Table A. Interaction of pH and aw for control of spores in food heat-treated to destroy vegetative cells and subsequently packaged.

See Table at http://www.registerofohio.state.oh.us/pdfs/901/3/4/901$3-4-01_PH_FF_A_RU_20090323_1432.pdf

Table B. Interaction of pH and aw for control of vegetative cells and spores in food not heat-treated or heat-treated but not packaged.

See Table at http://www.registerofohio.state.oh.us/pdfs/901/3/4/901$3-4-01_PH_FF_A_RU_20090323_1432.pdf

(T) “Variance review” means a determination by the licensor of compliance with a food processing variance issued by the department of agriculture.

Effective: 04/03/2009

R.C. 119.032 review dates: 01/08/2009 and 04/03/2014

Promulgated Under: 119.03

Statutory Authority: 3717.33

Rule Amplifies: 3717.33

Prior Effective Dates: 2/1/01, 6/16/03, 12/20/04