§ 76.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings unless otherwise defined in Chapter 46 (relating to food code):

   Act—3 Pa.C.S. Chapter 65 (relating to the Food Employee Certification Act).

   Advisory Board or Board—The Food Employee Certification Advisory Board.

   Bacteria—Single cell microorganisms.

   CFP or Conference for Food Protection—An independent, National voluntary nonprofit organization to promote food safety and consumer protection.

     (i)   Objectives of the organization include identifying and addressing food safety problems and promoting uniformity of regulations in food protection.

     (ii)   Participants include Federal, State and local regulatory agencies, several universities, test providers, certifying organizations, consumer groups, food service and retail store trade associations and operators.

   Certificateholder—A person holding a valid certificate.

   Certification category—A designation of one of the four types of Department-approved certification training programs, indicating the depth of food safety training received by a person who successfully completes such a program. The four certification categories are as follows:

     (i)   General certification category.

     (ii)   Process-specific certification category.

     (iii)   Modified certification category.

     (iv)   Nonprofit certification category.

   Certified supervisory employee—A supervisory employee holding a valid certificate.

   Cleaning—The process by which dirt or other foreign matter is removed from an article.

   Department—The Department of Agriculture of the Commonwealth.

   Food—

     (i)   A 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.

     (ii)   The term does not include medicines and drugs.

   Food Act—The Food Act (31 P. S. § §  20.1—20.18).

   Food contact surface—One of the following:

     (i)   A surface of equipment or a utensil with which food normally comes into contact.

     (ii)   A surface of equipment or a utensil from which food may drain, drip or splash into a food or onto a surface normally in contact with food.

   Food establishment—

     (i)   A room, building, place or portion thereof or vehicle maintained, used or operated for the purpose of selling to the public, commercially storing, packaging, making, cooking, mixing, processing, bottling, baking, canning, freezing, packing or otherwise preparing, transporting or handling food.

     (ii)   The term includes retail food stores and public eating and drinking licensees, except those portions of establishments operating exclusively under milk or milk products permits and those portions of establishments operating exclusively under United States Department of Agriculture inspection.

     (iii)   The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast, homestead or inn as defined in the Public Eating and Drinking Place Law.

   Frozen dessert manufacturer—A food establishment that is located in this Commonwealth and that is required to be licensed under authority of the Frozen Dessert Law (31 P. S. § §  417-1—417.14).

   HACCP—Hazard Analysis Critical Control Point—A system that identifies and monitors specific foodborne hazards (biological, chemical or physical properties) that can adversely affect the safety of the food product.

   Limited handling of potentially hazardous foods—

     (i)   Food handling activities that are limited to the placement of a potentially hazardous food on or into a warming, heating or cooking unit.

     (ii)   The term includes activities such as placing a hot dog on a roller, placing a pizza in a cooking/warming unit or warming a premade sandwich in a microwave oven.

   Person—A corporation, partnership, limited liability company, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.

   Potentially hazardous food—

     (i)   A food which consists in whole or in part of milk or milk products, eggs, meats, poultry, fish, shellfish, edible crustaceans or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

     (ii)   The term does not include foods that have a pH level of 4.6 or below or a water activity of 0.85 or less under standard conditions or food products in hermetically sealed containers processed to maintain commercial sterility.

   Public eating and drinking place—

     (i)   A place within this Commonwealth where food or drink is served to or provided for the public, with or without charge, or a place which otherwise conforms to the definition in section 1 of the Public Eating and Drinking Place Law (35 P. S. §  655.1).

     (ii)   The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn.

   Public Eating and Drinking Place Law—The act of May 23, 1945 (P. L. 926, No. 369) (35 P. S.§  §  655.1—655.13).

   Retail food store—A food establishment or a section of a food establishment where food and food products are offered to the consumer and intended for off-premises consumption.

   Sanitizing—The application of cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

   Secretary—The Secretary of the Department.

   Supervisory employee—An owner or a person employed by or designated by the business owner to fulfill the requirements of the act, and who has supervisory authority and is responsible for the storage, preparation, display or serving of foods to the public in establishments regulated by the Department or local health organizations.

   Time and temperature—Important factors in controlling the growth of pathogenic organisms in potentially hazardous foods.

   Water activity—A measure of the free moisture in a food. The term 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_w.

   The provisions of this §  76.2 amended August 6, 2004, effective August 7, 2004, 34 Pa.B. 4139. Immediately preceeding text appears at serial pages (260082) to (260088).