| 7.6.2.7 DEFINITIONS: A. “approved” means acceptable to the Secretary based on determinations of conformance with appropriate standards and good public health practices and applicable state and federal laws. B. “Bed and Breakfast establishment” means a lodging facility that offers a breakfast, which is included in the room rate, and the owner or manager is a permanent resident of the facility. The total number of people regularly served breakfast shall not exceed twenty-four, including overnight guests, residents and staff For permitting purposes, the two types of Bed and Breakfast establishments are continental-menu and expanded-menu. C. “caterer” means a food establishment, other than a mobile unit, which may prepare or serve food at locations other Than on the premises of the permitted food establishment. Catering does not include operations that only deliver foods such as pizza delivery. U. “closed” means fitted together snugly leaving no openings larger than 1/16 inch. E. “commissary” means a permitted catering establishment, restaurant, or any food establishment in which food, food containers or food supplies are kept, handled, prepared, packaged or stored from which meals are catered and mobile food service units or pushcarts are serviced. F. “continental-menu Bed and Breakfast” means a Bed and Breakfast establishment that serves only a continental-style breakfast. An afternoon snack consisting only of commercially-prepared, non-potentially hazardous foods is also allowed G. “corrosion-resistant material” means a material That maintains its original surface characteristics under prolonged influence of the food, cleaning compounds, and sanitizing solutions that may contact it. H. “critical control point” means any point or procedure in a specific food system where loss of control may result in an unacceptable health risk. I. “cross-contamination” means the contamination or potential contamination of food by contact with potentially hazardous foods or substances (such as blood from raw meat), or by contact with unsanitized surfaces or unwashed hands. J. “easily cleanable” means readily accessible and of such material and finish, and so fabricated that residue may be effectively removed by normal cleaning methods. K. “employee” means any individual who works in a food establishment and who:
M. “equipment” means all stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of a food establishment. N. “expanded-menu Bed and Breakfast” means a Bed and Breakfast establishment that is inspected and permitted to prepare and serve potentially hazardous foods to the clientele for breakfast and light foods or snacks in the afternoon for guest self-service. O. “food” means any solid or liquid substance intended for human consumption by eating or drinking. P. “food-contact surfaces” means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food. Q. “food establishment” means a food processing establishment or a food service establishment. R. “food processing establishment” means any food establishment (other than a “dairy establishment” as defined in the New Mexico Food Act) where food is processed in a sealed original package for human consumption and is not provided directly to the consumer. S. “food service establishment” means:
T. “frozen food” means food that is in a frozen state.
U. “general public” means all individuals who have access to facilities that sell or serve food, including, but not limited to, beneficiaries of governmental or private charitable feeding programs and residents and employees of institutions that provide meals to their residents or employees either with or without direct payment to the institution by the residents or employees, but does not include:
V. “HACCP” means Hazard Analysis Critical Control Point. W. “hazard” means the unacceptable contamination of foods by any foreign materials, chemical agents, or the growth or survival of pathogenic or spoilage microorganisms in processed or prepared foods and/or the unacceptable production or persistence in foods of toxins produced by such microorganisms. X. “hazard analysis” means an evaluation of all procedures concerned with the production, distribution, and use of raw materials and food products to:
Z. “Health Authority” means the New Mexico Environment Department. AA. “highly susceptible population” means a group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults in a facility that provides health care or assisted living services, such as a hospital or nursing home; or preschool age children in a facility that provides custodial care, such as a day care center. BB. “home prepared foods” means foods that have not been processed in a commercial food establishment. CC. “imminent health hazard” means a significant threat or danger to health that isconsidered to exist whenthere is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation. DD. “mobile food service unit” means a Motor Vehicle Department-Licensed vehicle-mounted food service establishment designed to be readily movable and which serves multiple locations on a daily basis for not more than two (2) hours at each location and not less than one thousand (1000) feet apart, except for single, temporary events or celebrations. EE. “monitoring” means the checking or verifying that the processing or handling procedures at the critical control points are properly carried out. FF. “perishable food” means any food of such type or in such condition as may spoil and become unwholesome. GG. “permittee” means the person responsible for the operation of The food establishment for which the permit is issued. HH. “person” means an individual or any other legal entity. II. “pH” refers to the hydrogen ion concentration within any solid or liquid medium and is a measurement of the degree of acidity or alkalinity of a food or food product. JJ. “potentially hazardous food” means:
KK. “premises” means all areas either indoors or outdoors used in conjunction with the operation of a food establishment. LL. “product thermometer” means a thermometer, thermocouple, thermistor, or other device that, when the sensor is inserted into food, indicates The internal temperature of the food, but does not include non-product or ambient temperature sensing devices. MM. “pushcart” means a human propelled, self-contained food service establishment that operates at approved locations for no more than two (2) hours, except for single temporary events or celebrations. It is limited to the preparation and serving of hot dogs or commercially prepared, prepackaged, potentially hazardous foods such as burritos and tamales, served in their original packaging, maintained at safe temperatures, or limited to serving non-potentially hazardous foods. NN. “recall” means a return of food products that are either known or suspected to be adulterated, misbranded, or otherwise unsafe for human consumption to The manufacturer or distributor, or are disposed of onsite by approved methods. OO. “refuse containers” means any type of receptacle that is used inside the food establishment to store refuse, including but not limited to trash, garbage and food waste. PP. “refuse bins” means any type of receptacle that is used outside the food establishment to store refuse for later removal. QQ. “remodeled” means any changes involving structure or location of walls, openings, floors or counters, or replacement or modification of plumbing, mechanical or electrical components other than fixtures. RR. “revocation” means the permanent removal of a permit to operate a food establishment after a hearing has been held. SS. “safe temperatures” as applied to potentially hazardous food, means temperatures of4l degrees F or below and 140 degrees F or above. TT. “sanitize” means effective treatment of clean, food-contact surfaces of equipment and utensils by a process which has been either specified by This Part or approved by the Secretary as being effective in destroying microorganisms, including pathogens. UU. “sealed” means free of cracks or other openings which permit the entry or passage of moisture. VV. “seasonal food establishment” means any food establishment that operates for more than thirty (30) days, but not more than nine (9) months during any twelve (12) consecutive months. WW. “Secretary” means the Secretary of Environment or a designated representative. XX. “self-contained mobile food service unit” means a mobile food service establishment that meets all equipment requirements of this Part with the exception of 7.6.2.IOB(1). YY. “single-service articles” means cups, chopsticks, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-person use and then discarded. ZZ. “sulfiting agents” means sulfur dioxide or any chemical that produces sulfur dioxide when used to treat foods, including:
AAA. “suspension” means the temporary removal of a pennit to operate a food establishment. BBH. “temporary food service establishment” means a food service establishment operating at a fixed location in conjunction with a single event or celebration for a period not exceeding the length of the event or celebration, or thirty days, whichever is shorter. CCC. “toxic material” means any substance or product that can cause a deleterious effect when ingested or contacted, including, but not limited to, cleaning compounds, bactericides, and insecticides. EEE. “warewashing” means the cleaning and sanitizing of utensils and food-contact surfaces of equipment. FFF. “water activity (a,,)” refers to the amount of free moisture present in a food or food product. GGG. “wet storage of food” refers to food which may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, container or its positioning in ice or water. HHH. “wholesome” means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
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