Tenn. Code § 68-14-703

Current through Acts 2023-2024, ch. 1069

Section 68-14-703 - Part definitions

As used in this part:

(1) "Alteration" shall be defined by rule, but shall not mean function replacement that equals or makes better the existing operation of the facility;

(2) "Auxiliary food service operation" means a designated area located within or adjacent to a food service establishment sharing common ownership or management, and whose primary purpose is serving beverages. For determining the amount of the permit fee for the food service establishment associated with the auxiliary food service operation, all seating in the auxiliary food service operation shall be included in the seating count of the primary food service establishment;

(3) "Commissioner" means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner;

(4) "Demonstration of knowledge" means the ability to demonstrate knowledge of food safety principles as applicable to establishments regulated in accordance with this part. For the purposes of this part, "demonstration of knowledge" may be accomplished by one (1) or more of the following means:

(A) Completing an inspection that reflects no priority item violation;

(B) Employing at least one (1) person certified as a food protection manager who has shown proficiency of food protection information through passing a test that is part of a certification program evaluated and listed by an accrediting agency recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs; or

(C) Responding correctly to food protection questions related to the specific food operation. A person responding to the questions may be aided by the utilization of food safety procedures posted prominently for employees who may use the procedures as reference guides. The commissioner shall assist establishments that request information relative to risks associated to their specific food operation, which may be posed as questions during the inspection;

(5) "Department" means the department of health;

(6) "Employee" means a person:

(A) In charge of a food establishment;

(B) Engaged in the preparation of food or drink;

(C) Engaged in service of food to the establishment's guests or clientele; or

(D) Engaged in ware washing;

(7) "Extensive remodeling" means the repair, construction, alteration or installation of new equipment, modification of existing equipment or fixtures, changes in floor plan layout, addition of new processes, expansion to new space, or significant changes to use of space or equipment;

(8) "Farmers market":

(A) Means a public market with the purpose of connecting and mutually benefiting farmers, communities, and shoppers while promoting and selling products grown and raised by participating farmers, and that:

(i) Has set hours of operation and operates on a regular schedule; and

(ii) Has, and follows, a set of rules that:

(a) Governs the operation of the farmers market; and

(b) Assures the primary purpose of the farmers market as providing a direct marketing opportunity for farmers, foresters, fisheries, food businesses, and other producers;

(B) Includes other businesses that serve the public or make the market more convenient, efficient, profitable, or successful, including food service, baked goods, and non-food retail;

(9) "Farmers market food unit" means a stationary food service establishment that:

(A) Prepares, sells, or services unpackaged time/temperature control for safety food in conjunction with one (1) or more farmers markets; and

(B) Has improvised, rather than permanent, facilities or equipment for accomplishing functions, such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, waste retention and disposal, and insect and rodent control;

(10) "Food Code" means the 2009 Food Code as published by the United States department of health and human services, public health service, food and drug administration;

(11)

(A) "Food service establishment" means any establishment, place or location, whether permanent, temporary, seasonal or itinerant, other than retail food stores, where food is prepared and the public is offered to be served or is served food, including, but not limited to, foods, vegetables, or beverages not in an original package or container, food and beverages dispensed at soda fountains and delicatessens, sliced watermelon, ice balls, or water mixtures;

(B) "Food service establishment" includes places identified in subdivision (9)(A) regardless of whether there is a charge for the food;

(C) "Food service establishment" does not include private homes where food is prepared or served and not offered for sale, retail food store operations, food service establishments located within a retail food store, the location of vending machines, and supply vehicles;

(D) "Food service establishment" does not include churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran's organizations where food is prepared, served, transported, or stored by volunteer personnel only on non-consecutive days. However, the storage of unopened, commercially canned food, packaged bulk food that is not potentially hazardous, and dry goods shall not apply for these purposes;

(E) "Food service establishment" does not include grocery stores that may, incidentally, make infrequent casual sales of uncooked foods for consumption on the premises, or any establishment whose primary business is other than food service, that may, incidentally, make infrequent casual sales of coffee or prepackaged foods, or both, for consumption on the premises or on the road and sidewalk in front of the establishment while an organized temporary event is being conducted less than one-quarter mile (1/4 mi.) from the establishment;

(F) "Food service establishment" does not include a location from which casual, occasional food sales are conducted solely in connection with youth-related amateur athletic or recreational activities or primary or secondary school-related clubs by volunteer personnel and that are in operation for twenty-four (24) consecutive hours or less;

(G) "Food service establishment" does not include a catering business that employs no regular, full-time employees, the food preparation for such business is solely performed within the confines of the principal residence of the proprietor, and the catering business makes only "occasional sales" during any thirty-day period; and

(H) "Food service establishment" does not include a house or other residential structure where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported or stored by volunteer personnel; provided, that the house or structure is supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c)(3), that has as a component of its mission the support of programs that directly improve the health and well-being of children;

(12) "Imminent health hazard" means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person;

(13) "Person" means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments;

(14) "Person in charge" means an individual present at a food service establishment who is responsible for the operation at the time of inspection. A person in charge shall be present at the establishment during food preparation and handling, and may put instructions in place for cleaning or preparing the establishment prior to the preparation of any food or beverage;

(15) "Public market":

(A) Means a building, structure, or place, operated on a not-for-profit basis in the public interest for the buying, selling, or keeping for sale farm and food products at retail or wholesale; and

(B) Includes a farmers market;

(16) "Quick fast food establishment" means those food establishments that only prepare food to be eaten off premises and that provide delivery services for such food but provide no set up, serving, or clean-up services; and

(17) "Temporary food service establishment" means a food service establishment that operates at a fixed location in conjunction with an organized temporary event for more than one (1) day and not more than fourteen (14) consecutive days.

T.C.A. § 68-14-703

Amended by 2024 Tenn. Acts, ch. 840,s 1, eff. 7/1/2024.

Amended by 2023 Tenn. Acts, ch. 475, s 1, eff. 1/1/2024.

Amended by 2014 Tenn. Acts, ch. 636, s 2, eff. 7/1/2015.

Amended by 2013 Tenn. Acts, ch. 182, s 45, eff. 7/1/2015.

Acts 1997 , ch. 493, § 4.