Section 1200-23-02-.01 - DEFINITIONS(1) GENERAL - As used in these rules, unless the context requires otherwise;(a) Approved means being accepted by the Commissioner.(b) Bed and Breakfast Establishment means a private home, inn, or other unique residential facility offering bed and breakfast accommodations and only one daily meal and having four (4) but not more than twelve (12) guest rooms furnished for pay, with guest staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property or immediately adjacent to it. Guest rooms shall be established and maintained distinct and separate from the innkeeper's quarters.(c) Commissioner means the Commissioner of the Department of Health, his duly appointed representative, and in the event of his absence or vacancy in the office of commissioner, the deputy commissioner.(d) Contractor means person that enters into an agreement with another person to perform specific duties and acts as a representative of the permittee or permit applicant.(e) Cross-Connection means ". . . any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices through which, or because of which, backflow could occur are considered to be cross-connections."(f) Employee means the permit holder, individuals having supervisory or management duties or any other individual working in a Bed and Breakfast establishment.(g) Equipment means stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a food service establishment.(h) Food means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.(i) Food Contact Surface means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.(j) Furnished for Pay to Transients or Travelers means offering sleeping accommodations by the day and/or night.(k) Hermetically sealed container means a container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its content after processing.(l) Ice Machine means a self-serve machine in which ice is manufactured and ice is removed by the guests through use of an automatic dispensing device, such as a push lever or key.(m) Kitchenware means all multi-use utensils other than tableware.(n) Law means any provision of the State of Tennessee statutes and rules.(o) Linens means all sheets, pillowcases, towels, washcloths, and other reusable cloth items which come in personal contact with occupant.(p) Owner/Operator means the applicant, permittee, or other persons to be in charge of facilities.(q) Permit means a written license to operate a Bed and Breakfast establishment, issued by the Department, and shall be posted, along with the most current inspection sheet, in a conspicuous place.(r) Person means any individual, partnership, firm, corporation, agency, municipality, or state or political subdivisions.(s) Person In Charge means the individual present in a Bed and Breakfast establishment who is the apparent supervisor at the time of inspection, or if no individual is the apparent supervisor, then any employee present.(t) Potable Water means water that is safe for drinking.(u) 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, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.(v) Reconstituted means dehydrated food products recombined with water or other liquids.(w) Regulatory Authority means the State and/or local enforcement authority or authorities having jurisdiction over the Bed and Breakfast establishment.(x) Safe Materials means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials used are food additives or color additives as defined in section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act of 1938 they are "safe" only if they are used in conformity with regulations established pursuant to section 409 or section 706 of the Act. Other materials are "safe" only if, as used, they are not food additives or color additives as defined in section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act and are used in conformity with all applicable regulations of the Food and Drug Administration.(y) Sanitation means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.(z) Sealed means free of cracks or other openings that permit the entry or passage of moisture.(aa) Sewage means human excreta, all water carried waste, and household wastes from residences, buildings, or commercial and industrial establishments.(bb) Shall denotes a mandatory requirement.(cc) Single Service Articles means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended for one-time, one-person use and then discarded.(dd) Solid Waste means refuse, garbage, trash, rubbish, and any other item or items which could cause an unsanitary condition or undesirable health and safety conditions.(ee) Tableware means multi-use eating and drinking utensils.(ff) Utensils means any implement used in the storage, preparation, transportation, or service of food.Tenn. Comp. R. & Regs. 1200-23-02-.01
Original rule filed July 3, 1991; effective August 17, 1991.Authority: T.C.A. §§ 68-14-503 and 4-5-202.