16.08.010 Definitions

The following definitions shall apply in the interpretation and the enforcement of this ordinance:

(a) "Adulterated" shall mean the condition of a food:

(1) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

(2) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established;

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

(4) if it 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;

(5) if it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or

(6) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

(b) "Approved" shall mean acceptable to the health authority based on its determination as to conformance with appropriate standards and good health practice.

(d) "Corrosion-resistant material" shall mean a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds, and sanitizing solutions which may contact it.

(e) "Easily cleanable" shall mean readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.

(f) "Employee" shall mean any person working in a food-service establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment.

(g) "Equipment" shall mean all stoves, ranges, hoods, meat blocks, tables, counters, refrigerator, sinks, dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of a food-service establishment.

(h) "Food" shall mean any raw, cooked, or processed edible substances, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

(i) "Food-contact surfaces" shall mean those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.

(j) "Food-processing establishment" shall mean a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.

(k) "Food-service establishment" shall mean any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda-fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public, or nonprofit organization or institution routinely serving food; catering kitchen; commissary or similar place in which food 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 is served or provided for the public with or without charge.

(l) "Health authority" shall mean the Turtle Mountain Health Board of the Turtle Mountain Jurisdiction, or his designated representative.

(m) "Kitchenware" shall mean all multiuse utensils other than tableware used in the storage, preparation, conveying, or serving of food.

(n) "Misbranded" shall mean the presence of any written, printed, or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable State or local labeling requirements.

(o) "Perishable food" shall mean any food of such type or in such condition as may spoil.

(p) "Person" shall mean any Indian individual, or an Indian firm, Indian partnership, Indian company, Indian corporation, Indian trustee, Indian association, or any public or private entity.

(q) "Potentially hazardous food" shall mean any perishable food which 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 microorganisms.

(r) "Safe temperatures" as applied to potentially hazardous food, shall mean temperatures of 45 degrees F. or below, and 140 degrees F. or above.

(s) "Sanitize" shall mean effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying microorganisms, including pathogens.

(t) "Sealed" shall mean free of cracks or other openings which permit the entry or passage of moisture.

(u) "Single-service articles" shall mean cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping materials, and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.

(v) "Tableware" shall mean all multiuse eating and drinking utensils, including flatware (knives, forks, and spoons).

(w) "Temporary food-service establishment" shall mean any food-service establishment which operates at a fixed location for a temporary period of time, not to exceed two (2) weeks, in connection with a pow-wow, fair, carnival, circus, public exhibition, or similar transitory gathering.

(x) "Utensil" shall mean any tableware and kitchenware used in the storage, preparation, conveying, or serving of food.

(y) "Wholesome" shall mean in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.