This chapter shall be effective in all territory embraced within
the limits of McLean County as provided by law.
In addition to the definitions contained in Title 77 Illinois
Administrative Code Part 750 and the FDA 2017 Food Code and any subsequent
amendments or revisions thereto, the following general definitions
shall apply in the interpretation and enforcement of this chapter:
The condition of food if it:
Bears or contains any poisonous or deleterious substance in
a quantity which may render it injurious to health;
Consists in whole or in part of any filthy, putrid, or decomposed
substance, or if it is otherwise unfit for human consumption;
Has been processed, prepared, packed or held under insanitary
conditions, whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health; or
Is in whole or in part of the product of a diseased animal,
or an animal which has died otherwise than by slaughter.
Acceptable to the Health Department based on its determination
as to conformance with good public health practices and standards.
The Board of Health of the McLean County Health Department
of the County of McLean, Illinois, or its authorized representatives.
A person that has supervisory and management responsibility
and the authority to direct and control food preparation and service
who has shown proficiency of required information through passing
a test that is part of an accredited program.
An item that usually relates to general sanitation, operational
controls, sanitation standard operating procedures (SSOPs), facilities
or structures, equipment design, or general maintenance.
A point or procedure in a specific food system where loss
of control may result in an unacceptable health risk.
The maximum or minimum value to which a physical, biological,
or chemical parameter must be controlled at a critical control point
to minimize the risk that the identified food safety hazard may occur.
Stoves, ovens, ranges, hoods, slicers, mixers, meatblocks,
tables, counters, refrigerators, sinks, dishwashing machines, steam
tables, and similar items other than utensils, used in the operation
of a food establishment.
"Food Code U.S. Public Health Service FDA 2017," and any
subsequent amendments or revisions thereto.
Any 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.
An operation that stores, prepares, packages, serves, vends
food directly to the consumer, or otherwise provides food for human
consumption such as a 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;
conveyance used to transport people; institution; or food pantry;
and relinquishes possession of food to a consumer directly, or indirectly,
through a delivery service such as home delivery of grocery orders
or restaurant takeout orders, or delivery service that is provided
by common carriers.
Food establishment includes an element of the operation, such
as a transportation vehicle or a central preparation facility that
supplies a vending location or satellite feeding location unless the
vending or feeding location is permitted by the regulatory authority;
and 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.
Food establishment does not include an establishment that offers
only prepackaged foods that are not time/temperature control for safety
foods; a produce stand that only offers whole, uncut fresh fruits
and vegetables; a food processing plant including those that are located
on the premises of a food establishment; a kitchen in a private home,
such as a small family day-care provider or a bed and breakfast operation
as defined in the Bed and Breakfast Act that prepares and offers food
to guests; a private home that receives catered or home delivered
food; a closed family function where food is prepared or served for
individual family consumption; or a cottage food operation.
A written document that delineates the formal procedures
for following the hazard analysis and critical control point principles
developed by The National Advisory Committee on Microbiological Criteria
for Foods.
A biological, chemical, or physical property that may cause
an unacceptable consumer health risk.
The McLean County Health Department.
A significant threat or danger to health that is considered
to exist when there is evidence sufficient to show that a product,
practice, circumstance, or event creates a situation that requires
immediate correction or cessation of operation to prevent injury based
on:
Imminent health hazards include, but are not limited to, fire,
flooding, interruption of electrical or water service, sewage backup,
misuse of poisonous or toxic materials, gross insanitary occurrences
or conditions, or other circumstances that may endanger public health.
State and local statutes, ordinances, and regulations.
The entity that:
Any individual, partnership, corporation, association, or
other legal entity.
An item that requires the purposeful incorporation of specific
actions, equipment or procedures by industry management to attain
control of risk factors that contribute to foodborne illness or injury
such as, but are not limited to, personnel training, infrastructure
or necessary equipment, HACCP plans, documentation or record keeping,
and labeling.
An item whose application contributes directly to the elimination,
prevention or reduction to an acceptable level, hazards associated
with foodborne illness or injury and there is no other provision that
more directly controls the hazard. Priority items include, but are
not limited to, cooking, reheating, cooling, handwashing, backflow
prevention, sanitization, and chemical use.
A violation noted on the previous inspection report that
is observed again on the next routine inspection on the same piece
of equipment, same area of the facility, or same practice.
The likelihood that an adverse health effect will occur within
a population as a result of a hazard in a food.
Effective bactericidal treatment by a process that provides
enough accumulative heat or concentration of chemicals for enough
time to reduce the bacterial count, including pathogens, to a safe
level (when those disease organisms which may be present are destroyed
so as to prevent transfer) on cleaned food-contact surfaces of utensils
and equipment.
Cups, containers, lids, closures, plates, knives, forks,
spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks,
and similar articles intended for one-time, one-person use and then
to be discarded.
Food preparation or process requiring a variance or HACCP
plan as required in the FDA Code.
A food establishment that operates at a fixed location for
a period of time of not more than 14 consecutive days in conjunction
with a single special event or celebration.
"Time/temperature control for safety food" means a food that
requires time/temperature control for safety (TCS) to limit pathogenic
microorganism growth or toxin formation.
"Time/temperature control for safety food" includes:
An animal food that is raw or heat-treated; a plant food that
is heat-treated or consists of raw seed sprouts, cut melons, cut leafy
greens, cut tomatoes or mixtures of cut tomatoes that are not modified
in a way so that they are unable to support pathogenic microorganism
growth or toxin formation, or garlic-in-oil mixtures that are not
modified in a way so that they are unable to support pathogenic microorganism
growth or toxin formation; and
Except as specified in Subsection C(4) of this definition, a food that because of the interaction of its Aw and pH values is designated as product assessment required (PA) in Table A or B of this definition:
"Time/temperature control for safety food" does not include:
An air-cooled hard-boiled egg with shell intact, or an egg with
shell intact that is not hard-boiled, but has been pasteurized to
destroy all viable salmonellae;
A food in an unopened hermetically sealed container that is
commercially processed to achieve and maintain commercial sterility
under conditions of nonrefrigerated storage and distribution;
A food that because of its pH or Aw value, or interaction of
Aw and pH values, is designated as a non-TCS food in Table A or B
of this definition;
A food that is designated as product assessment required (PA)
in Table A or B of this definition and has undergone a product assessment
showing that the growth or toxin formation of pathogenic microorganisms
that are reasonably likely to occur in that food is precluded due
to:
Intrinsic factors including added or natural characteristics
of the food such as preservatives, antimicrobials, humectants, acidulants,
or nutrients;
Extrinsic factors including environmental or operational factors
that affect the food such as packaging, modified atmosphere such as
reduced oxygen packaging, shelf life and use, or temperature range
of storage and use; or
A combination of intrinsic and extrinsic factors; or
A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subsections C(1) through (4) of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.
|
Table A. Interaction of pH and Aw for
control of spores in FOOD heat-treated to destroy vegetative cells
and subsequently PACKAGED
| |||
|---|---|---|---|
|
Aw values
|
pH: 4.6 or less
|
pH: >4.6 - 5.6
|
pH: >5.6
|
|
<0.92
|
non-TCS food*
|
non-TCS food
|
non-TCS food
|
|
>0.92 - 0.95
|
non-TCS food
|
non-TCS food
|
PA**
|
|
>0.95
|
non-TCS food
|
PA
|
PA
|
|
*
|
TCS food means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
|
|
**
|
PA means Product Assessment required
|
|
Table B. Interaction of pH and Aw for
control of vegetative cells and spores in FOOD not heat-treated or
heat-treated but not PACKAGED
| ||||
|---|---|---|---|---|
|
Aw values
|
pH: <4.2
|
pH: 4.2 - 4.6
|
pH: >4.6 - 5.0
|
pH: >5.0
|
|
<0.88
|
non-TCS food*
|
non-TCS food
|
non-TCS food
|
non-TCS food
|
|
0.88 - 0.90
|
non-TCS food
|
non-TCS food
|
non-TCS food
|
PA**
|
|
>0.90 - 0.92
|
non-TCS food
|
non-TCS food
|
PA
|
PA
|
|
>0.92
|
non-TCS food
|
PA
|
PA
|
PA
|
|
*
|
TCS food means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
|
|
**
|
PA means Product Assessment required
|
Any implement used in the storage, preparation, transportation,
or service of food.
A written document issued by the health department that authorizes
a modification or waiver of one or more requirements of this chapter
if, in the opinion of the Health Department, a hazard or nuisance
will not result from the modification or waiver.
In sound condition, clean, free from contamination, and otherwise
suitable for use as human food.
A.Â
In addition to those provisions set forth herein, this chapter shall
adopt by reference the rules and regulations set forth in the following
State of Illinois Department of Public Health publications:
(1)Â
The publication entitled "Food Code U.S. Public Health Service FDA
2017," and any subsequent amendments or revisions thereto; and
(2)Â
77 Illinois Administrative Code 750 adopted December 2018, and any
subsequent amendments or revisions thereto; and
(3)Â
410 ILCS 82, the Smoke Free Illinois Act, and any subsequent amendment
or revisions thereto.
B.Â
Three certified copies of each shall be on file in the office of
the McLean County Clerk.
