53-8-203 - Part definitions. - Tennessee Statutes

53-8-203. Part definitions.

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

     (1)  “Commissioner” means the commissioner of agriculture or the commissioner's duly authorized agents;

     (2)  “Department” means the department of agriculture;

     (3)  (A)  (i)  “Food service establishment” means any establishment, place or location, whether permanent, temporary, seasonal or itinerant, where food is prepared and the public is offered to be served, or is served, food, including, but not limited to, foods, vegetables, or beverages not in an original package or container, food and beverages dispensed at soda fountains and delicatessens, sliced watermelon, ice balls, or water mixtures;

                (ii)  “Food service establishment” includes places listed in subdivision (3)(A)(i), regardless of whether there is a charge for the food;

          (B)  “Food service establishment” does not include:

                (i)  Private homes where food is prepared or served and not offered for sale, retail food store operations other than delicatessens, the location of vending machines, and supply vehicles;

                (ii)  Any establishment, place or location listed in subdivision (3)(B)(i), whether permanent, temporary, seasonal or itinerant that is located west of the Ben Brown Bridge and east of the Lascassas School in Lascassas;

                (iii)  Grocery stores that may, incidentally, make infrequent casual sales of uncooked foods for consumption on the premises, or any establishment whose primary business is other than food service, that may, incidentally, make infrequent casual sales of coffee or prepackaged foods, or both, for consumption on the premises. “Infrequent casual sales” means sales not in excess of fifty dollars ($50.00) per day on any particular day, for the purposes of this subdivision (3)(B); or

                (iv)  A catering business that employs no regular, full-time employees, the food preparation for the business is solely performed within the confines of the principal residence of the proprietor, and the catering business makes only “occasional sales” during any thirty-day period;

     (4)  “Imminent health hazard” means any condition, deficiency or practice that, if not corrected, is very likely to result in illness, injury or loss of life to any person;

     (5)  “Person” means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments;

     (6)  “Potentially hazardous food” means any food that consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients in a form capable of supporting rapid and progressive growth of infections or toxigenic microorganisms; and

     (7)  (A)  “Retail food store” means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption;

          (B)  “Retail food store” does not include:

                (i)  Establishments that handle only prepackaged, nonpotentially hazardous foods;

                (ii)  Roadside markets that offer only fresh fruits and fresh vegetables;

                (iii)  Food and beverage vending machines or food service establishments not located within a retail food store; or

                (iv)  A person who makes infrequent casual sales of honey or who packs or sells less than one hundred fifty gallons (150 gals.) of honey per year.

[Acts 1986, ch. 633, § 4; 1995, ch. 383, § 1; 2003, ch. 29, § 2.]