D.C. Mun. Regs. tit. 25, r. 25-K9901

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 25-K9901 - DEFINITIONS

9901.1

As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Authorized premises of cottage food business - the portion of a domestic residence housing the home kitchen where the preparation, packaging, storage, or handling of cottage food production occurs, and that has been inspected and approved by the Department to operate as a cottage food business in compliance with these regulations.

CFBR - the Cottage Food Business Registry within the Department of Health.

Consumer - a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food sales establishment or food processing plant, and does not offer the food for resale.

Cottage food business - a business that:

(a) Produces or packages cottage food products in a residential kitchen;

(b) Sells the cottage food products in accordance with Section 4932 of Section 2 of the Cottage Food Amendment Act of 2013, effective January 25, 2014 (D.C. Law 20-63; D.C. Official Code §§ 7-742.01et seq. (2016 Supp.)), and Subsection 103.5 of these regulations;

(c) Has annual revenues from the sale of cottage food products in an amount not exceeding twenty- five thousand dollars ($25,000); and

(d) Has obtained a home occupancy permit from the Department of Consumer and Regulatory Affairs pursuant to Section 251 of Title 11 (Zoning Regulations of 2016), Subtitle U (Use Permissions), of the District of Columbia Municipal Regulations (11-U DCMR § 251).

Cottage food product - a non-potentially hazardous food, as specified in regulations adopted by the Department of Health, that is sold at a farmer's market or public event in accordance with Section 4932 of Section 2 of the Cottage Food Amendment Act of 2013 (D.C. Official Code § 7-742.02 (2016 Supp.)) and Subsection 103.5 of these regulations.

Department - Department of Health.

Domestic residence - a single- family dwelling or an area within a rental unit where a single person or family actually resides. This term does not include any group or communal residential setting within any type of structure, or any outbuilding, shed, barn, or other similar structure.

Easily cleanable - a characteristic of a surface that:

(a) Allows effective removal of soil by normal cleaning methods;

(b) Depends upon the material, design, construction, and installation of the surface; and

(c) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

Equipment - a normal household article that is used in the manufacture of cottage food products such as a freezer, grinder, hood, ice maker, mixer, oven, reach- in refrigerator, scale, sink, slicer, stove, table, temperature measuring device, or warewashing machine. This term does not include industrial or commercial grade equipment that, due to their size, cannot be effectively cleaned in residential sinks or dishwashers.

Food - 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.

Foodborne disease outbreak - the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

Hermetically sealed container - a container that is designed and intended to be secure against the entry of microorganisms or, in the case of low acid canned foods, designed and intended to maintain the commercial sterility of its contents after processing.

Home kitchen - a kitchen in a cottage food business owner's primary domestic residence, with a home occupancy permit from the Department of Consumer and Regulatory Affairs, which contains one or more stoves or ovens designed for residential use only (such as a double oven) and does not include any type of commercial equipment.

Non-potentially hazardous foods - foods that do not require temperature control because they are incapable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms.

Owner of a cottage food business - a person who produces cottage food products only in the home kitchen of that person's primary domestic residence and only for sale directly to the consumer.

Packaged - food contained in a carton, bottled, canned, securely bagged, or securely wrapped, in a cottage food operation. This term does not include a wrapper, carry-out box, or other nondurable container used to containerize food for the purpose of food protection during service or receipt of the food by the consumer.

Personal Care Items - items or substances that may be poisonous, toxic, or a substance of contamination and are used to maintain or enhance a person's health, hygiene, or appearance; which may include items such as medicines, first aid supplies, cosmetics, and toiletries such as toothpaste and mouthwash.

Potentially hazardous foods - foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, or the growth and toxin production of Clostridium botulinum.

Public event - any event open to the general public, including but not limited to farmers markets, exhibitions, fairs, festivals, entertainment, or fundraising activities.

Public market and private market - as regulated by the Department of Consumer and Regulatory Affairs (DCRA) Vending Regulations as codified at Title 24 (Public Space and Safety), Chapter 5 (Vendors) of the District of Columbia Municipal Regulations (24 DCMR §§ 500 - 599).

Ready-to-eat food - food that is edible and does not require additional preparation to achieve food safety.

Reduced oxygen packaging - packaging of food using the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere (twenty-one percent (21%) oxygen), or a process as specified in this definition that involves a food for which Clostridium botulinum or Listeria monocytogenes require control in the final packaged form. This term includes any of the following:

(a) Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package, such as sous vide;

(b) Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes reduction in the proportion of oxygen, total replacement of oxygen, and an increase in the proportion of other gases such as carbon dioxide or nitrogen;

(c) Controlled atmosphere packaging, in which the atmosphere of a packaged food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, non-respiring food, and impermeable packaging material;

(d) Cook chill packaging, in which cooked food is hot-filled into impermeable bags which have the air expelled and are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychotropic pathogens; or

(e)Sous vide packaging, in which raw or partially cooked food is placed in a hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychotropic pathogens.

Smoking or to smoke - pursuant to the Smoking Restriction Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-48; D.C. Official Code § 7-1702(7)) (2016 Supp.)):

(a) The act of puffing, having in one's possession, holding, or carrying a lighted or smoldering tobacco product, including through the use of smoking equipment of any kind including a pipe, or cigarette papers or tubes; or

(b) The lighting of a tobacco product, including through the use of smoking equipment of any kind including a pipe, or cigarette papers or tubes.

Special Event - as regulated by the Department of Consumer and Regulatory Affairs (DCRA) Vending Regulations as codified at Title 24 (Public Space and Safety), Chapter 5 (Vendors) of the District of Columbia Municipal Regulations (24 DCMR §§ 500 - 599).

Specialized food processes - including but are not limited to:

(a) Smoking food as a method of food preservation rather than as a method of enhancing flavor;

(b) Curing food;

(c) Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or otherwise rendering food so that is not potentially ha zardous (time/temperature control for food safety);

(d) Packaging food using a reduced oxygen method, except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled;

(e) Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;

(f) Custom processing animals that are for personal use as food and not for sale or service;

(g) Preparing food by methods not approved by the Department; and (h) Sprouting seeds or beans.

D.C. Mun. Regs. tit. 25, r. 25-K9901

Final Rulemaking published at 64 DCR 13555 (12/29/2017)