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53-12-101 - Chapter definitions.

53-12-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Adulterated” means the condition of a food if it:

          (A)  Bears or contains any poisonous or deleterious substance in a quantity that may render it injurious to health;

          (B)  Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of the tolerance if one has been established;

          (C)  Consists, in whole or in part, of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;

          (D)  Has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or

          (E)  Is, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health or that fails to meet the requirements of chapter 1 of this title and regulations;

     (2)  “Closed” means fitted together snugly leaving no openings large enough to permit the entrance of vermin;

     (3)  “Commissary” means a catering establishment, restaurant, or any other place in which food, containers or supplies are kept, handled, prepared, packaged or stored, and directly from which vending machines are serviced;

     (4)  “Commissioner” means the commissioner of agriculture or agents authorized by the commissioner for enforcement and inspection purposes;

     (5)  “Corrosion-resistant material” means a material that maintains its original surface characteristics under prolonged influences of the food, cleaning compounds and sanitizing solutions that may contact it;

     (6)  “Easily cleanable” means readily accessible and of a material and finish, so fabricated that residue may be completely removed by normal cleaning methods;

     (7)  “Employee” means any operator or any person employed by the operator who handles any food to be dispensed through vending machines, or who comes into contact with food-contact surfaces or containers, equipment, utensils, or packaging materials, used in connection with vending machine operations, or who otherwise services or maintains one (1) or more vending machines;

     (8)  “Food” means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption;

     (9)  “Food-contact surfaces” means those surfaces of equipment and utensils with which food normally comes in direct contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food;

     (10)  “Health authority” means the health authorities of municipalities or counties in the state or their designated representatives;

     (11)  “Machine location” means the room, enclosure, space or area where one (1) or more vending machines are installed and operated;

     (12)  “Misbranded” means the presence of any written, printed or graphic matter, upon or accompanying food or containers of food, including signs or placards displayed in relation to the products, that is false or misleading, or that violates any of the labeling requirements of chapter 1 of this title;

     (13)  “Operator” means any person, who by contract, agreement or ownership, takes responsibility for furnishing, installing, servicing, operating or maintaining one (1) or more vending machines;

     (14)  “Perishable food” means any food of the type or in a condition that may spoil;

     (15)  “Person” means an individual, or a firm, partnership, company, corporation, trustee, association or any public or private entity;

     (16)  “Potentially hazardous food” means any perishable food that consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms;

     (17)  “Safe temperature”, as applied to potentially hazardous food, means temperatures of forty-five degrees Fahrenheit (45° F) or below, or one hundred forty degrees Fahrenheit (140° F) or above;

     (18)  “Sanitize” means effective bactericidal treatment of clean surfaces of equipment and utensils by a process that has been approved by the health authority as being effective in destroying micro-organisms, including pathogens;

     (19)  “Single service articles” means cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping materials and all similar articles that are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and that are intended for one (1) usage only, then to be discarded;

     (20)  “Vending machine” means any self-service device that, upon insertion of a coin, coins or tokens, or by other similar means, dispenses unit servings of food, either in bulk or in packages without the necessity of replenishing the device between each vending operation; and

     (21)  “Wholesome” means in sound condition, clean, free from adulteration and otherwise suitable for use as human food.

[Acts 1967, ch. 68, § 1; T.C.A., § 52-1501.]