Rule 511-6-2-.03 - DefinitionsThe following definitions shall apply in the interpretation and enforcement of these rules:
(a) "Approved" means acceptable to the Health Authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.(b) "Bed and Breakfast Inn" means an establishment of twenty guestrooms or less, which serves food only to its registered tourists, and serves only a breakfast or similar early morning meal and an appropriate light snack in which the price of the food is included in the price of the overnight accommodation. For purposes of the rules,"Bed and Breakfast Inn" refers to an establishment in which the predominant relationship between the occupants thereof and the owner or operator of the establishment is that of innkeeper and tourist."(c) "Consumer" means in terms of relationship with a tourist accommodation, a transient person who becomes a guest of a tourist accommodation and is a member of the public, takes possession of food, receives lodging and services for a fee, is not functioning in the capacity of an operator of a tourist accommodation establishment and does not offer the food for resale.(d) "Continental breakfast" is defined as and may include (1) any non-potentially hazardous food (non-time/temperature control for safety food) which has been prepared commercially by a food processing plant that meets requirements of law and is served to the consumer out of the original container in which it was purchased or if approved by the Health Authority, it may be served out of a commercial, self-service dispenser if such dispensers are properly designed to protect contained food from the consumer; (2) non-potentially hazardous beverages such as coffee and hot tea served in the container in which it was prepared; (3) potentially hazardous foods (time/temperature control for safety foods) such as milk, cream, butter and cheese prepared by a food processing plant that meets requirements of law only if served in single serving commercially packaged original containers; (4) juices and condiments including jams, jellies, sugar, salt and pepper served in single serving commercially packaged original containers or juices may be served from a bulk mechanical dispenser, if appropriate warewashing is available; (5) non-ready-to-eat whole, uncut, raw fruits, such as bananas, grape fruit, or oranges that require peeling of rind by the consumer before consumption; and (6) ready-to-eat, whole, raw, uncut fruits such as apples and/or grapes where the peel is consumed along with the meat of the fruit. Any additional items, other than those listed, will require a food service permit in accordance with the Department's rules and regulations governing food service establishments Chapter 511-5-14 or any future subsequent Chapters adopted thereafter.(e) "County Board of Health" means the County Board of Health established pursuant to O.C.G.A. Section 31-3-1.(f) "Critical item" means a provision of this Chapter as delineated on the inspection report that, if violated, is more likely than other violations to contribute to food contamination, insanitary conditions, illness or environmental health hazard and may create an imminent health hazard.(g) "Department" or "DPH" means the Department of Public Health (DPH).(h) "Dependent trailer" means a trailer or recreational vehicle (RV) which is dependent upon a service building housing shower/ toilet facilities.(i) "Detached cabin" means, for the purpose of installing and operating a portable spa on the premises, a separate dwelling having no wall in common with another dwelling or building. The cabin as part of a tourist accommodation shall be rented as an entire unit, not by individual rooms.(j) "Employee" means any person engaged in the operation of a tourist accommodation whether compensated or not.(k) "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended in whole or in part for human consumption, or chewing gum.(l) "Food-contact surface" means a surface of equipment or a utensil with which food normally comes into contact or a surface of equipment or a utensil from which food may drain, drip, or splash into a food or onto a surface normally in contact with food.(m) "Food processing plant" means a commercial operation that manufactures, packages, labels, or stores food, and provides food for sale or distribution to other business entities such as food processing plants, retail food sales, or food service establishments.(n) "Food service" means a facility that shall comply with provisions of O.C.G.A. Chapter 26-2 Art. 13 and the rules, regulations and standards adopted thereunder.(o) "Health Authority" means the County Board of Health if functioning in the administration and enforcement of O.C.G.A. Chapter 31-28 and the rules, regulations and standards adopted thereunder by the Department and subject to supervision and direction by the Department; and if not so functioning, the Department.(p) "Housekeeper's cart" means a cart which is used to transport cleaning materials, room supplies, clean and soiled linens and refuse.(q) "Hydromassage bathtub" means a permanently installed bathtub fixture designed to be filled with each use and equipped with a recirculation piping system, a pump and associated controls. It is designed so it can accept, circulate and discharge water upon each use. It does not contain a disinfection or filtration system. (r) "Imminent health hazard" means a product, practice, circumstance, event or condition that requires immediate correction or cessation of operation in order to prevent a significant threat of danger or death, injury or illness.(s) "Independent trailer" means a trailer or recreational vehicle (RV) which has a holding tank for waste and/or can be connected directly to a sewer connection.(t) "Law" means applicable local, state, and federal statutes, regulations, and ordinances.(u) "Lodging" means a temporary sleeping accommodation, with or without independent kitchenettes, offered to tourists, travelers or guests travelling from one place to another, stopping overnight or otherwise in need of a temporary place to stay.(v) "Non-ready-to-eat fruit" means whole uncut, raw fruit, such as oranges, grapefruit, and bananas in which the peel must be removed by the consumer before the meat of the fruit is consumed.(w) "Non-permanent structure" means any structures such as buildings, tents, park trailers or cabins that can be removed from the premise of a tourist accommodation and they are not restrained from removal by foundation or utilities, without internal plumbing, dependent upon central shower/toilet buildings for tourist personal hygiene and sanitation purposes, and are maintained, offered, or used for dwelling or sleeping quarters.(x) "Operator" means the person who has the duty and responsibility of overall management of the tourist accommodation which includes maintaining a sanitary facility, providing guest services and training employees, or his/her representative, or person in charge.(y) "Packaged" means bottled, canned, cartoned, securely bagged or securely wrapped, as packaged in a food processing plant. It does not include a wrapper, carry-out box or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.(z) "Park trailer" means a recreation vehicle primarily designed as temporary living quarters for recreation, camping or seasonal use, built on a single chassis, mounted on wheels, with a gross trailer area not exceeding 400 square feet in the set-up mode, and certified by the manufacturer as complying with ANSI A119.5.(aa) "Permit" means the DPH document issued by the Health Authority that authorizes a person to operate a Tourist Accommodation and signifies satisfactory compliance with this Chapter.(bb) "Person" means any individual, partnership, corporation, or association.(cc) "Person in charge" means the individual present in a tourist accommodation establishment who is the owner, supervisor, manager or owner's designated representative of the tourist accommodation establishment present at the time of the inspection. The person shall be knowledgeable of the responsibilities in the chapter and have access to facilities on the premises.(dd) "Portable spa unit" means a factory fabricated unit consisting of a water holding vessel with all water-circulating, filtration, heating and control equipment integral to the unit. Equipment can include pumps, air blowers, heaters, lights, controls and disinfection and filtration systems. These portable spas are intended for residential use.(ee) "Potentially hazardous food (time/temperature control for safety food)" means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation. Refer to Rule .01 within the Department's rules and regulations governing food service establishments Chapter 511-5-14 or future subsequent Chapters adopted thereafter.(ff) "Premises" means and includes all physical buildings, appurtenances, parking lots, drive ways and all property used by the tourist accommodation.(gg) "Primitive campsite" means a site in an undeveloped section of private or public land with no developed facilities or amenities such as water, electricity or toilets/shower facilities, where campers are expected to leave little or no evidence of human visitation.(hh) "Preparation of food" means to put together or make by combining ingredients and processing food for consumption by the consumer.(ii) "Ready-to-eat food" means food that is in a form that is edible without additional preparation to achieve food safety. It includes the following: 1. All potentially hazardous food (time/temperature control for safety food) that is cooked to the temperature and time required for the specific food;2. Raw fruits and vegetables that are washed;3. Fruits and vegetables that are cooked for hot holding;4. Plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present have been removed;5. Substances derived from plants such as spices, seasonings, and sugar;6. A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;7. The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and8. Foods manufactured as specified in 21 CFR Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.(jj) "Ready-to-eat fruit" means whole raw, uncut, fruits, such as apples and/or grapes, that have been washed prior to service and the meat and the peel is normally consumed by guest.(kk) "Recreational vehicle (RV)" means a vehicle designated for temporary living quarters for camping, travelling, or recreational use. It may have its own motor, or be mounted on or pulled by another vehicle.(ll) "Recreational vehicle park or campground" means a n accommodation for recreational vehicles or other camping outfits where an individual site is rented, and the intent of the park or campground is not to establish permanent residences.(mm) "Residential kitchen" means a kitchen within a bed and breakfast inn used for the owners' private use as well as preparation of a breakfast meal for tourists.(nn) "Restricted use pesticide" means a pesticide product that contains the active ingredients specified in 40 CFR 152.175 (Pesticides classified for restricted use), and that is limited to use by or under the direct supervision of a certified applicator.(oo) "Sanitization" means the application of cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.(pp) "Sealed" means free of cracks or other openings that allow the entry or passage of moisture.(qq) "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.(rr) "Single-service articles" means tableware, carry-out utensils, cups, containers, lids or closures, plates, napkins, doilies, bags, containers, toothpicks, knives, forks, spoons, stirrers, paddles, straws, wrapping materials, and similar utensils that are intended to be discarded after one use.(ss) "Single-serving" is food intended to be eaten by one person in one sitting and commercially packaged in a container intended to be discarded after one use.(tt) "Smooth" means a surface that has no roughness or projections that render it difficult to clean or maintain in a sanitary condition.(uu) "Tourist Accommodation" means any facility consisting of two or more rooms or dwelling units providing lodging and other accommodations to the general public, such as tourist courts, tourist cottages, tourist homes, trailer parks, trailer courts, motels, motor hotels, hotels, and any similar place by whatever name called and any food, beverage, laundry, recreational or other facilities or establishments operated in conjunction therewith. This definition includes any facility consisting of two or more rooms or dwelling units either joined together or separate on a common piece of property, furnished for pay and further includes campgrounds, recreational vehicle parks and bed and breakfast inns. A tourist accommodation is not a facility intended for permanent residence, or a facility available only to members of a club or through private lease or invitation.(vv) "Tourist","Traveler," or "Guest" is defined as anyone who visits a Tourist Accommodation for the purpose of lodging, meals, or entertainment.(ww) "Trailer" means any trailer coach, recreational vehicle (RV), park trailer or other similar unit designed for temporary dwelling or sleeping purposes.(xx) "Trailer space" means a plot of ground within a trailer and/or recreational vehicle park designated for the accommodation of one trailer or recreational vehicle (RV).(yy) "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.(zz) "Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of or equipment.Ga. Comp. R. & Regs. R. 511-6-2-.03
O.C.G.A. §§ 31-2A-6 and 31-28-5.
Original Rule entitled "Definitions" adopted. F. Jul. 16, 2013; eff. Jan. 1, 2014, as specified by the Agency.