§ 21-27-1 - Definitions.
SECTION 21-27-1
§ 21-27-1 Definitions. – Unless otherwise specifically provided in this chapter, the followingdefinitions apply to this chapter:
(1) "Approved" means approved by the director.
(2) "Commissary" means a central processing establishmentwhere food is prepared for sale or service off the premises or by mobile vendor.
(3) "Department" means the department of health.
(4) "Director" means the director of health or the director'sduly appointed agents.
(5) "Farmers market" means a market where two (2) or morefarmers are selling produce exclusively grown on their own farms on a retailbasis to consumers. Excluded from this term is any market where farmers orothers are selling produce at wholesale and/or any market in which anyindividual is selling produce not grown on his or her own farm.
(6) "Farm home food manufacture" means the production inaccordance with the requirements of § 21-27-6.1 of food for retail sale ina residential kitchen on a farm which produces agricultural products for humanconsumption and the operator of which is eligible for exemption from the salesand use tax in accordance with § 44-18-30(32).
(7) "Food" means: (i) articles used for food or drink forpeople or other animals, (ii) chewing gum, and (iii) articles used forcomponents of any food or drink article.
(8) "Food business" means and includes any establishment orplace, whether fixed or mobile, where food or ice is held, processed,manufactured, packaged, prepared, displayed, served, transported, or sold.
(9) "Food service establishment" means any fixed or mobilerestaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill,tearoom, sandwich shop, soda fountain, tavern; bar, cocktail lounge, nightclub, roadside stand, industrial feeding establishment, cultural heritageeducation facility, private, public or nonprofit organization or institutionroutinely serving food, catering kitchen, commissary or similar place in whichfood or drink is prepared for sale or for service on the premises or elsewhere,and any other eating or drinking establishment or operation where food isserved or provided for the public with or without charge.
(10) "Mobile food service unit" means a unit that preparesand/or sells food products for direct consumption.
(11) "Person" means any individual, firm, co-partnership,association, or private or municipal corporation.
(12) "Processor" means one who combines, handles,manufactures or prepares, packages, and stores food products.
(13) "Operator" in relation to food vending machines meansany person who by contract, agreement, lease, rental, or ownership sells foodfrom vending machines.
(14) "Retail" means when eighty percent (80%) or more ofsales are made directly to consumers.
(15) "Retail peddler" means a food business which sells meat,seafood, and dairy products directly to the consumer, house to house or in aneighborhood.
(16) "Roadside farmstand" means a stand or location adjacentto a farm where produce grown only on that farm is sold at the time of harvest.
(17) "Vending machine site or location" means the room,enclosure, space, or area where one or more vending machines are installedand/or operated.
(18) "Warehouse" means a place for the storage of dried,fresh, or frozen food or food products, not including those areas associatedwithin or directly part of a food service establishment or retail market.
(19) "Wholesale" means when eighty percent (80%) or more ofthe business is for resale purposes.
(20) "Cultural heritage education facility" means a facilityfor up to ten (10) individuals who, for a fee, participate in the preparationand consumption of food, limited to an owner-occupied site documented to be atleast one hundred fifty (150) years old and whose drinking water shall beobtained from an approved source which meets all of the requirements of chapter46-13.