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Director means the Director of the Food Protection Program.the lack of need for stainless steel to be usedfor floors or for tables used for CONSUMERdining; or(b) The need for a different degree of cleanability for a utilitarian attachment or accessoryin the kitchen as opposed to a decorative attachment or accessory in the CONSUMERdining area."Disclosure" means a written statement thatclearly identifies the animal-derived FOODSwhich are, or can be ordered, raw, undercooked, or without otherwise being processedto eliminate pathogens, or items that containan ingredient that is raw, undercooked, orwithout otherwise being processed to eliminatepathogens."Easily movable" means:(1) Portable; mounted on casters, gliders, orrollers; or provided with a mechanical means tosafely tilt a unit of EQUIPMENT for cleaning;and(2) Having no utility connection, a utility connection that disconnects quickly, or a flexibleutility connection line of sufficient length to allow the EQUIPMENT to be moved for cleaningof the EQUIPMENT and adjacent area.Drinking Water.(1) Drinking water means water that meets theprovisions of 310 CMR 22.00: Drinking Water(2) "Drinking water" is traditionally known as"potable water."(3) "Drinking water" includes the term "water"except where the term used connotes that thewater is not potable, such as "boiler water,""mop water," "rainwater," "wastewater," and"nondrinking" water.Egg.(1) "Egg" means the shell EGG of avian species such as chicken, duck, goose, guinea,quail, RATITES or turkey.(2) "Egg" does not include:(a) A BALUT;(b) The egg of reptile species such as alligator; or(c) An EGG PRODUCT."Dry storage area" means a room or areadesignated for the storage of PACKAGED orcontainerized bulk FOOD that is notTIME/TEMPERATURE CONTROL FORSAFETY FOOD and dry goods such asSINGLE-SERVICE itemsEasily Cleanable.(1) "Easily cleanable" means a characteristic ofa surface that:(a) Allows effective removal of soil by normalcleaning methods;(b) Is dependent on the material, design,construction, and installation of the surface;and(c) Varies with the likelihood of the surface'srole in introducing pathogenic or toxigenicagents or other contaminants into FOODbased on the surface's APPROVED placement, purpose, and use.(2) "Easily cleanable" includes a tiered application of the criteria that qualify the surface asEASILY CLEANABLE as specified in Subparagraph (1) of this definition to different situationsin which varying degrees of cleanability are required such as:(a) The appropriateness of stainless steel fora FOOD preparation surface as opposed toDPH version 11/16/18Egg Product.(1) "Egg Product" means all, or a portion of,the contents found inside EGGS separatedfrom the shell and pasteurized in a FOODPROCESSING PLANT, with or without addedingredients, intended for human consumption,such as dried, frozen or liquid eggs.(2) "Egg Product" does not include FOODwhich contains EGGS only in a relatively smallproportion such as cake mixes"Employee" means the PERMIT HOLDER,PERSON IN CHARGE, FOOD EMPLOYEE,PERSON having supervisory or managementduties, PERSON on the payroll, family member, volunteer, PERSON performing work under contractual agreement, or other PERSONworking in a FOOD ESTABLISHMENT."EPA" means the U.S. Environmental Protection Agency.4

Equipment.(1) "Equipment" means an article that is usedin the operation of a FOOD ESTABLISHMENTsuch as a freezer, grinder, hood, ice maker,MEAT block, mixer, oven, reach-in refrigerator,scale, sink, slicer, stove, table,TEMPERATURE MEASURING DEVICE forambient air, VENDING MACHINE, orWAREWASHING machine.(2) "Equipment" does not include apparatusesused for handling or storing large quantities ofPACKAGED FOODS that are received from asupplier in a cased or overwrapped lot, such ashand trucks, forklifts, dollies, pallets, racks, andskids.including FISH that have been processed inany manner."Food" means a raw, cooked, or processededible substance, ice, BEVERAGE, or ingredient used or intended for use or for sale inwhole or in part for human consumption, orchewing gum."Foodborne disease outbreak" means theoccurrence of two or more cases of a similarillness resulting from the ingestion of a common FOOD."Food-contact surface" means:(1) A surface of EQUIPMENT or a UTENSILwith which FOOD normally comes into contact;or(2) A surface of EQUIPMENT or a UTENSILfrom which FOOD may drain, drip, or splash:(a) Into a FOOD, or(b) Onto a surface normally in contact withFOOD."Exclude" means to prevent a PERSON fromworking as an EMPLOYEE in a FOODESTABLISHMENT or entering a FOODESTABLISHMENT as an EMPLOYEE.Farmers Market means a public market or public market place located in a city or town thatoperates or occurs more than once per year forthe primary purpose for Massachusetts farmers, from more than one farm, to vend food,crops and other farm related items that theyhave produced directly to the public, or a publicmarket or public market place used by farmersthat is established by a municipality under G.L.c.40 §10, or operates on Department of Conservation and Recreation land by special permit under G.L. c.132A §2F.Food Employee means an individual workingwith unpackaged food, food equipment orutensils, or food-contact surfaces with the exception of farm workers handling uncut fruitsand vegetables, unprocessed honey, pure maple products, or farm fresh eggs which arestored and maintained at 45 F (7.2 C) or less.This could include the owner, individual havingsupervisory or management duties, person onthe payroll, family member, volunteer, personperforming work under contractual agreement,or any other person working in a food establishment. In health care facilities, this includesthose who set up trays for patients to eat, feedor assist patients in eating, give oral medications or give mouth/denture care. In day careoperations, schools and long term care facilities, which are permitted food establishments,this includes those who prepare food for clientsto eat, feed or assist clients in eating or giveoral medications.FC-regulatory authority means the definitionset forth in FC 1-201.10, which is the board ofhealth."FDA" means the U.S. Food and Drug AdministrationFish.(1) "Fish" means fresh or saltwater finfish,crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish,sea cucumber, and sea urchin and the roe ofsuch animals) other than birds or mammals,and all mollusks, if such animal life is intendedfor human consumption.(2) "Fish" includes an edible human FOODproduct derived in whole or in part from FISH,DPH version 11/16/18Food Establishment.(1) Food establishment means an operationthat:(a) stores, prepares, packages, serves,vends food directly to the consumer, or oth5

erwise provides food for human consumption such as a restaurant; satellite or cateredfeeding location; catering operation if theoperation provides food directly to a consumer or to a conveyance used to transportpeople not including farm trucks; market;vending location; conveyance used totransport people; institution; food bank; residential kitchen in a bed-and-breakfast operation; residential kitchen for a cottagefoods operation and,(b) relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of groceryorders or restaurant takeout orders, or delivery service that is provided by common carriers.(2) Food establishment includes:(a) An element of the operation such as atransportation vehicle or a central preparation facility that supplies a vending locationor satellite feeding location unless the vending or feeding location is permitted by theregulatory authority; and(b) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on oroff the premises; and regardless of whetherthere is a charge for the food.(3) Food establishment does not include:(a) An establishment that offers only prepackaged foods that are nottime/temperature control for safety foods;(b) An operation that only offers whole, uncut fresh fruits and vegetables, unprocessedhoney, pure maple products, or farm fresheggs which are stored and maintained at45 F (7.2 C) or less;(c) A food processing plant; including thosethat are located on the premises of a foodestablishment;(d) A residential kitchen if only food that isnot time/temperature control for safety food,is prepared for sale or service at a functionsuch as a religious or charitable organization's bake sale if allowed by law and if theconsumer is informed by a clearly visibleplacard at the sales or service location thatthe food is prepared in a kitchen that is notsubject to regulation and inspection by theregulatory authority;DPH version 11/16/18(e) A residential kitchen that prepares foodfor distribution to a charitable facility in accordance with M.G.L c. 94, § 328;(f) An area where food that is prepared asspecified in 105 CMR 590.001(C)(1): FoodEstablishment (3)(d) is sold or offered forhuman consumption;(g) A residential kitchen, such as a familydaycare provider; or a bed-and-breakfastoperation that prepares and offers food toguests if the home is owner occupied, thenumber of available guest bedrooms doesnot exceed six, breakfast is the only meal offered, the number of guests served does notexceed 18, and the consumer is informed bystatements contained in published advertisements, mailed brochures, and placardsposted at the registration area that the foodis prepared in a kitchen that is not regulatedand inspected by the FC-regulatory authority;(h) A private home that receives catered orhome-delivered food.(i) Cooking classes that are held for educational purposes only.Food Processing Plant.(1) "Food processing plant" means a commercial operation that manufactures, packages, labels, or stores FOOD for human consumption, and provides FOOD for sale or distribution to other business entities such asFOOD PROCESSING PLANTS or FOODESTABLISHMENTS.(2) "Food processing plant" does not includea FOOD ESTABLISHMENT.Game Animal.(1) "Game animal" means an animal, theproducts of which are FOOD, that is not classified as livestock, sheep, swine, goat, horse,mule, or other equine in 9 CFR 301.2 Definitions, or as Poultry, or FISH.(2) "Game animal" includes mammals such asreindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria,or muskrat, and nonaquatic reptiles such asland snakes.(3) "Game animal" does not includeRATITES.6

"General use pesticide" means a pesticidethat is not classified by EPA for restricted useas specified in 40 CFR 152.175 Pesticidesclassified for restricted use.assisted living, such as a child or adult daycare center, kidney dialysis center, hospital ornursing home, or nutritional or socializationservices such as a senior center"Grade A standards" means the requirementsof the United States Public Health Service/FDA"Grade A Pasteurized Milk Ordinance" withwhich certain fluid and dry milk and milk products comply."Imminent health hazard" means a significantthreat or danger to health that is considered toexist when there is evidence sufficient to showthat a product, practice, circumstance, or eventcreates 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 theanticipated injury."HACCP plan" means a written document thatdelineates the formal procedures for followingthe HAZARD Analysis and CRITICALCONTROL POINT principles developed by TheNational Advisory Committee on Microbiological Criteria for Foods."Injected" means manipulating MEAT to whicha solution has been introduced into its interiorby processes that are referred to as "injecting,"“pump marinating,” or "stitchpumping”.Handwashing Sink.(1) "Handwashing sink" means a lavatory, abasin or vessel for washing, a wash basin, or aPLUMBING FIXTURE especially placed foruse in personal hygiene and designed for thewashing of the hands.(2) "Handwashing sink" includes an automatic handwashing facility.Juice.(1) "Juice" means the aqueous liquid expressed or extracted from one or more fruits orvegetables, purées of the edible portions ofone or more fruits or vegetables, or any concentrates of such liquid or purée.(2) "Juice" does not include, for purposes ofHACCP, liquids, purées, or concentrates thatare not used as BEVERAGES or ingredients ofBEVERAGES."Hazard" means a biological, chemical, orphysical property that may cause an unacceptable CONSUMER health RISK."Health practitioner" means a physician licensed to practice medicine, or if allowed byLAW, a nurse practitioner, physician assistant,or similar medical professional."Kitchenware" means FOOD preparation andstorage UTENSILS."Hermetically sealed container" means acontainer that is designed and intended to besecure against the entry of microorganismsand, in the case of low acid canned FOODS, tomaintain the commercial sterility of its contentsafter processing."Law" means applicable local, state, and federal statutes, regulations, and ordinances."Linens" means fabric items such as clothhampers, cloth napkins, table cloths, wipingcloths, and work garments including clothgloves."Highly susceptible population" meansPERSONS who are more likely than otherpeople in the general population to experiencefoodborne disease because they are:(1) Immunocompromised; preschool age children, or older adults; and(2) Obtaining FOOD at a facility that providesservices such as custodial care, health care, orDPH version 11/16/18Major Food Allergen.(1) "Major food allergen" means:(a) Milk, EGG, FISH (such as bass, flounder,cod, and including crustacean shellfish suchas crab, lobster, or shrimp), tree nuts (suchas almonds, pecans, or walnuts), wheat,peanuts, and soybeans; or7

when the scallop product consists only of theshucked adductor muscle.(b) A FOOD ingredient that contains proteinderived from a FOOD, as specified in Subparagraph (1)(a) of this definition.(2) "Major food allergen" does not include:(a) Any highly refined oil derived from aFOOD specified in Subparagraph (1)(a) ofthis definition and any ingredient derived fromsuch highly refined oil; or(b) Any ingredient that is exempt under thepetition or notification process specified in theFood Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).Non-Continuous Cooking.(1) "Non-continuous cooking" means thecooking of FOOD in a FOODESTABLISHMENT using a process in whichthe initial heating of the FOOD is intentionallyhalted so that it may be cooled and held forcomplete cooking at a later time prior to sale orservice.(2) "Non-continuous cooking" does not include cooking procedures that only involvetemporarily interrupting or slowing an otherwisecontinuous cooking process."Meat" means the flesh of animals used asFOOD including the dressed flesh of cattle,swine, sheep, or goats and other edible animals, except FISH, POULTRY, and wild GAMEANIMALS as specified under Subparagraphs3-201.17(A)(3) and (4).Packaged.(1) "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped,whether PACKAGED in a FOODESTABLISHMENT or a FOOD PROCESSINGPLANT.(2) "Packaged" does not include wrapped orplaced in a carry-out container to protect theFOOD during service or delivery to theCONSUMER, by a FOOD EMPLOYEE, uponCONSUMER request.Mechanically Tenderized.(1) "Mechanically tenderized" means manipulating meat with deep penetration by processes which may be referred to as “blade tenderizing,” “jaccarding,” “pinning,” “needling,” or using blades, pins, needles or any mechanicaldevice.(2) "Mechanically tenderized" does not include processes by which solutions areINJECTED into meat."Permit" means the document issued by theREGULATORY AUTHORITY that authorizes aPERSON to operate a FOODESTABLISHMENT.Menu means a printed list or pictorial display ofa food item or items and their price(s) that areavailable for sale from a food establishment,and includes menus distributed or providedoutside of the establishment."Permit holder" means the entity that:(1) Is legally responsible for the operation ofthe FOOD ESTABLISHMENT such as theowner, the owner's agent, or other PERSON;and(2) Possesses a valid PERMIT to operate aFOOD ESTABLISHMENT.Menu Board means any list or pictorial displayof a food item or items and their price(s) postedwithin or outside a food establishment."mg/L" means milligrams per liter, which is themetric equivalent of parts per million (ppm)."Person" means an association, a corporation,individual, partnership, other legal entity, government, or governmental subdivision or agency.Misbranded means the definition in M.G.L. c.94, § 187 as it pertains to food."Person in charge" means the individual present at a FOOD ESTABLISHMENT who is responsible for the operation at the time of inspection."Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels,and scallops or edible portions thereof, exceptDPH version 11/16/188

(2) Pesticides, except SANITIZERS, which include substances such as insecticides and rodenticides;(3) Substances necessary for the operationand maintenance of the establishment such asnonfood grade lubricants and PERSONALCARE ITEMS that may be deleterious tohealth; and(4) Substances that are not necessary for theoperation and maintenance of the establishment and are on the PREMISES for retail sale,such as petroleum products and paints.Personal Care Items.(1) "Personal care items" means items orsubstances that may be poisonous, toxic, or asource of contamination and are used to maintain or enhance a PERSON'S health, hygiene,or appearance.(2) "Personal care items" include items suchas medicines; first aid supplies; and otheritems such as cosmetics, and toiletries such astoothpaste and mouthwash."pH" means the symbol for the negative logarithm of the hydrogen ion concentration, whichis a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral."Poultry" means:(1) Any domesticated bird (chickens, turkeys,ducks, geese, guineas, RATITES, or squabs),whether live or dead, as defined in 9 CFR381.1 Poultry Products Inspection RegulationsDefinitions, Poultry; and(2) Any migratory waterfowl or game bird,pheasant, partridge, quail, grouse, or pigeon,whether live or dead, as defined in 9 CFR362.1 Voluntary Poultry Inspection Regulations, Definitions."Physical facilities" means the structure andinterior surfaces of a FOOD ESTABLISHMENTincluding accessories such as soap and toweldispensers and attachments such as light fixtures and heating or air conditioning systemvents."Premises" means:(1) The PHYSICAL FACILITY, its contents, andthe contiguous land or property under the control of the PERMIT HOLDER; or(2) The PHYSICAL FACILITY, its contents, andthe land or property not described in Subparagraph (1) of this definition if its facilities andcontents are under the control of the PERMITHOLDER and may impact FOODESTABLISHMENT personnel, facilities, or operations, and a FOOD ESTABLISHMENT isonly one component of a larger operation suchas a health care facility, hotel, motel, school,recreational camp, or prison."Plumbing fixture" means a receptacle or device that:(1) Is permanently or temporarily connected tothe water distribution system of the PREMISESand demands a supply of water from the system; or(2) Discharges used water, waste materials, orSEWAGE directly or indirectly to the drainagesystem of the PREMISES."Plumbing system" means the water supplyand distribution pipes; PLUMBING FIXTURESand traps; soil, waste, and vent pipes; sanitaryand storm sewers and building drains, including their respective connections, devices, andappurtenances within the PREMISES; and water-treating EQUIPMENT."Primal cut" means a basic major cut intowhich carcasses and sides of MEAT are separated, such as a beef round, pork loin, lambflank, or veal breast."Poisonous or toxic materials" means substances that are not intended for ingestion andare included in 4 categories:(1) Cleaners and SANITIZERS, which includecleaning and SANITIZING agents and agentssuch as caustics, acids, drying agents, polishes, and other chemicals;DPH version 11/16/18Priority Item.(1) "Priority item" means a provision in thisCode whose application contributes directly tothe elimination, prevention or reduction to anacceptable level, hazards assoc

plan review, PERMIT issuance, inspection, EMPLOYEE RESTRICTION, and PERMIT suspension. FC 1-1 Purpose. [590.001(B)] The purpose of 105 CMR 590.000 is stated within FC 1-101.10 2013 Food Code, FC 1-102.10 Food Safety, Illness Prevention, and Honest Presentation and FC 1-103.10 State-ment. 1-2 Definitions 1-201 Applicability and Terms Defined