TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 750 FOOD CODE
SECTION 750.100 DEFINITIONS


 

Section 750.100  Definitions

 

"Assessment of Knowledge" means a written or an online evaluation of a student's achievement in a food handler training course.

 

"Category I Facility" means a food 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. The standards for regulation of a Category I facility shall be those prescribed by the Local Health Protection Grant Code (77 Ill. Adm. Code 615). Category I facilities include those where the following operations occur:

 

Potentially hazardous foods are cooled, as part of the food handling operation at the facility;

 

Potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours before serving;

 

Potentially hazardous cooked and cooled foods must be reheated;

 

Complex preparation of foods or extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility;

 

Vacuum packaging, other forms of reduced oxygen packaging, or other special processes that require an HACCP plan; or

 

Immunocompromised individuals, such as the elderly, young children under age four and pregnant women, are served in a facility in which these individuals compose the majority of the consuming population.

 

"Category II Facility" means a food establishment that presents a medium relative risk of causing foodborne illness, based upon few food handling operations typically implicated in foodborne illness outbreaks. The standards for regulation of a Category II facility shall be those prescribed by the Local Health Protection Grant Code (77 Ill. Adm. Code 615). Category II facilities include those where the following operations occur:

 

Hot or cold foods are held at required temperatures for no more than 12 hours and are restricted to same-day services;

 

Foods are prepared from raw ingredients, using only minimal assembly; and

 

Foods that require complex preparation (whether canned, frozen or fresh prepared) are obtained from approved food-processing plants, high-risk food service establishments, or retail food stores.

 

"Category III Facility" means a food 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. The standards for regulation of a Category III facility shall be those prescribed by the Local Health Protection Grant Code (77 Ill. Adm. Code 615). Category III facilities include those where the following operations occur:

 

Only potentially hazardous foods commercially prepackaged in an approved processing plant are available or served at the facility;

 

Only limited preparation of non-potentially-hazardous foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or

 

Only beverages (alcoholic and nonalcoholic) are served at the facility.

 

"Certified Food Protection Manager" or "CFPM" means a person who has shown proficiency in the required information through passing a test that is part of an accredited program defined in Section 1-201.10 of the Food Code 2017.

 

"Cottage Food Operation" means an operation that produces or packages non-potentially-hazardous food in compliance with Section 4 of the Food Handling Regulation Enforcement Act.

 

"Department" or "DPH" means the Illinois Department of Public Health.

 

"Entity" means a business, non-profit organization, institution or certified local health department.

 

"Food Employee" or "Food Handler" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.  "Food employee" or "food handler" does not include temporary food establishments or unpaid volunteers in a food establishment, whether permanent or temporary.

 

"Food Establishment" means an operation that:

 

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.

 

Food establishment includes:

 

an element of the operation, such as a transportation vehicle or a 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.  This inclusion applies regardless of whether consumption is on or off the premises and whether there is a charge for the food.

 

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 food processing plant, including those 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. 

 

"Potentially Hazardous Food" means time/temperature control for food safety.

 

"Regulatory Authority" means the State and/or local enforcement authority or authorities having jurisdiction over the food service establishment.

 

"Repeat Violation" means 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 the facility, or same practice.

 

"Restaurant" means any business, or type of food service establishment, that is primarily engaged in the sale of ready-to-eat food for immediate consumption. For the purpose of this definition, "primarily engaged" means having sales of ready-to-eat food for immediate consumption comprising at least 51% of the total sales, excluding the sale of liquor. (Section 3.06 of the Food Handling Regulation Enforcement Act)

 

"Voluntary Inspection" means an inspection of meat or poultry products that are not subject to the federal or State meat or poultry inspection laws, and for which the federal or State mark of inspection is requested.