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CHAPTER 1, FOOD SAFETY
1 Such as a food service facility, galley, restaurant;
satellite or catered feeding location; catering operation if the operation
provides food directly to a consumer or to a conveyance used to transport
people; market; vending location; institution; or food bank; and
2 That relinquishes possession of food to a consumer
directly, or indirectly through a delivery service such as a home delivery
or grocery orders or a restaurant takeout orders, or delivery service that
is provided by common carriers.
(b) "Food establishment" includes:
1 An element of the operation such as a transportation
vehicle or a central preparation facility that supplies a vending location
or a satellite feeding location unless the vending or feeding location is
permitted by the regulatory authority; and
2 An operation that is conducted in a mobile, stationary,
temporary, or permanent facility or location: where consumption is on or
off the premises; and regardless of whether there is a charge for the food.
(c) "Food Establishment" does not include:
1 An establishment that offers only prepackaged foods that
are not potentially hazardous;
2 A produce stand that offers whole, uncut fresh fruits
and vegetables;
3 A food processing plant;
4 A kitchen in a private home if only food that is not
potentially hazardous is prepared for sale or service at a function such as
a religious or charitable organization's bake sale if allowed by law and if
the consumer is informed by a clearly visible placard at the sales or
service location that the
food is prepared in a kitchen that is not subject to regulation and
inspection by the regulatory authority;
5 An area where food that is prepared as specified in
Subparagraph (c)(4) of this definition is sold or offered for human
consumption;
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