§ 53-8-103 — Chapter definitions

As used in this chapter: (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) "Commissioner" means the commissioner of agriculture, 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; (3) (A) "Demonstration of knowledge" means the ability to demonstrate knowledge of food safety principles as applicable to establishments regulated in accordance with this chapter; (B) For the purposes of this chapter, "demonstration of knowledge" may be accomplished by one (1) or more of the following means: (i) Completing an inspection that reflects no priority item violation; (ii) 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 that is 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 (iii) 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 with the establishments' specific food operation, which may be posed as questions during the inspection; (4) "Department" means the department of agriculture; (5) "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 clientele; or (D) Engaged in ware washing; (6) "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; (7) "Farm to consumer distribution point" means a temporary or permanent location, that is not open to the general public, where a farmer or the farmer's agent delivers food, produced by the farmer and previously sold under an agreement entered into between the farmer and the consumer, directly to the consumer or the consumer's agent; (8) "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; (9) (A) "Food establishments" means retail food stores, and food service establishments located within retail food stores; (B) The term "food establishments" is to be used throughout this chapter when a provision is applicable to both retail food stores and food service establishments located within retail food stores; (10) (A) "Food service establishment" means any establishment, place or location, whether permanent, temporary, seasonal, or itinerant, 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 (10)(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 other than delicatessens, the location of vending machines or 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; provided, however, that the storage of unopened, commercially canned food, packaged bulk food that is not potentially hazardous as defined by department rules and regulations, 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. For the purposes of this subdivision (10)(E), "infrequent casual sales" means sales not in excess of one hundred fifty dollars ($150) per day on any particular day; (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; (11) "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; (12) "Person" means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments; (13) "Person in charge" means an individual present at a food 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 and preparing the establishment prior to the preparation of any food or beverage; and (14) (A) "Retail food store" means any establishment or a section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption; (B) "Retail food store" does not include: (i) Establishments that handle only prepackaged, non-potentially hazardous foods, as defined by department rules and regulations; (ii) Roadside markets that offer only fresh fruits and fresh vegetables; (iii) Food and beverage vending machines; (iv) Food service establishments not located within a retail food store; or (v) A person who makes infrequent casual sales of honey or who packs or sells less than one hundred fifty gallons (150 gals.) of honey per year.

Legislative History

Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 2; 1913 (1st E.S.), ch. 15, § 1; Shan., § 3473a42; mod. Code 1932, § 6599; T.C.A. (orig. ed.), § 52-1004.