Ariz. Admin. Code § 9-8-101

Current through Register Vol. 30, No. 19, May 10, 2024

Section R9-8-101 - Purpose and Definitions

A. The Department incorporates by reference the United States Food and Drug Administration publication, Food Code: 2017 Recommendations of the United States Public Health Service, Food and Drug Administration and shall comply with the 2017 Food Code (FC) as specified in this Article. This incorporation by reference contains no future editions or amendments. The incorporated material is on file with the Department and is available for order at: https://www.fda.gov/Food/ResourcesForYou/Consumers/ucm239035.htm, refer to publication number IFS17.

B. The Department incorporates FC Chapter 1 in whole, unless otherwise specified:

1. Part 1-1 Title, Intent, Scope; and

2. Part 1-2 Definitions in part.

C. In FC Part 1-2, Section 1-201.10(B), the Department:

1. Uses the word "License" in place of the word "Permit."

2. Uses the word "License holder" in place of the word "Permit holder."

3. Modifies the following:

a. "Additive" means:

i. "Food additive" means the same as in A.R.S. § 36-901 (7 ), but also includes marijuana and marijuana concentrate, as defined in A.R.S. § 36-2850, when used by a marijuana establishment in compliance with and according to A.R.S. Title 36, Chapter 28.2 and 9 A.A.C. 18; and

ii. "Color additive" means the same as in A.R.S. § 36-901(2).

b. "Adulterated" means possessing one or more of the conditions enumerated in A.R.S. § 36-904(A), but does not include the addition of marijuana or marijuana concentrate, as defined in A.R.S. § 36-2850, when used by a marijuana establishment in compliance with and according to A.R.S. Title 36, Chapter 28.2 and 9 A.A.C. 18.

c. "Approved" means acceptable to the REGULATORY AUTHORITY or to the FOOD regulatory agency that has jurisdiction based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

d. "Consumer" means a PERSON who is a member of the public, takes possession of FOOD, is not functioning in the capacity of an operator of a FOOD ESTABLISHMENT and does not offer the FOOD for resale.

e. "Food Establishment" does not include:

i. An establishment that offers only prePACKAGED FOOD that are not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;

ii. A produce stand that only offers whole, uncut fresh fruits and vegetables;

iii. A kitchen in a private home if only FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, is prepared for sale or service at a function such as a religious or charitable (organization's bake sale if allowed by LAW and if the CONSUMER is informed by a clearly visible placard at the sales or service location that the FOOD is prepared in a kitchen that is not subject to regulation and inspection by the REGULATORY AUTHORITY;

iv. An area where FOOD that is prepared as specified in Subparagraph (iii) of this definition is sold or offered for human consumption;

v. A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers FOOD to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 6, breakfast is the only meal offered, the number of guests served does not exceed 18, and the CONSUMER is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the FOOD is prepared in a kitchen that is not regulated and inspected by the REGULATORY AUTHORITY; or

vi. A private home that receives catered or home-delivered FOOD.

g. "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped compliant with LAW.

h. "Person in charge" means the individual present at a FOOD ESTABLISHMENT who is responsible for the management of the operation of the FOOD ESTABLISHMENT at the time of inspection.

i. "Regulatory authority' means the Department or a public health services district, local health department, department of environmental services, or department of environmental quality carrying out delegated functions, powers, and duties on behalf of the Department.

D. In addition to the requirements in FC Part 1-2, Section 1-201.10(B), the Department requires definitions for:

1. "Administrative completeness review time-frame" means the same as in A.R.S. § 41-1072.

2. "Agency" means any board, commission, department, office, or other administrative unit of the federal government, the state, or a political subdivision of the state.

3. "Applicant" means an individual requesting a FOOD ESTABLISHMENT license.

4. "Calendar day" means each day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

5. "Department" means the Arizona Department of Health Services.

6. "Developmental disability" means the same as in A.R.S. § 36-551.

7. "FC" means the United States Food and Drug Administration publication, Food Code: 2017 Recommendations of the United States Public Health Service, Food and Drug Administration incorporated by reference in subsection (A).

8. "Inspection report" means a document used to record the compliance status of a FOOD ESTABLISHMENT and conveys compliance information to the license holder or PERSON IN CHARGE at the conclusion of an inspection.

9. "License" means the same as "permit" as in the FC.

10. "License holder" means the same as "permit holder" as in the FC.

11. "Marijuana" means the same as in A.R.S. § 36-2850.

12. "Marijuana concentrate" means the same as in A.R.S. § 36-2850.

13. "Marijuana establishment" means the same as in A.R.S. § 36-2850.

14. "Overall time-frame" means the same as in A.R.S. § 41-1072.

15. "Public health nuisance" means an act, condition, or thing, specified in A.R.S. § 36-601, or any practice contrary to the health laws of this state that is harmful to the health of the public.

16. "Substantive review time-frame" means the same as in A.R.S. § 41-1072.

Ariz. Admin. Code § R9-8-101

New Section made by final rulemaking at 7 A.A.R. 1719, effective October 3, 2001 (Supp. 01-2). Amended by final rulemaking at 17 A.A.R. 2608, effective February 4, (Supp. 11-4). Adopted by final rulemaking at 26 A.A.R. 1516, effective 7/8/2020. Amended by exempt rulemaking at 27 A.A.R. 693, effective 5/3/2021.