§ 43.1-1-4. Definitions.  


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  • The following words and phrases, when used in this Chapter, including in the incorporated FDA Food Code, have the meanings given below, unless the context clearly indicates a different meaning:

    Base of operation means a permitted food establishment that contains all of the necessary equipment and storage facilities to support the operation of a mobile food unit.

    Board of Supervisors means the Board of Supervisors of Fairfax County, Virginia.

    Certificate means the document issued by the Director, or the document issued by another jurisdiction or private vendor that is accepted by the Director, which demonstrates that the individual identified on the certificate has been determined to be a certified food manager or a certified limited food manager.

    Certified food manager means a person who has passed an examination approved by the Director, or an examination in another jurisdiction that is accepted by the Director, and has received a certified food manager's certificate issued or recognized by the Director.

    Certified limited food manager means a person who has passed an examination approved by the Director, or an examination in another jurisdiction that is accepted by the Director, and has received a certified limited food manager's certificate issued or recognized by the Director.

    Conference for Food Protection means the national conference held biennially during the even-numbered years directed by the delegates of the states, territories and District of Columbia who join together with representatives of industry, academic institutions, professional associations and consumer groups to promote food safety and consumer protection by identifying and addressing problems in the production, processing, packaging, distribution, sale and service of foods and adopting sound, uniform procedures which will be accepted by food regulatory agencies and industry.

    Director means the Director of the Fairfax County Department of Health or the designee of the Director.

    FDA Food Code means the 2005 Food Code, as adopted and promulgated by the United States Food and Drug Administration, Public Health Service, as that Code may be amended from time to time.

    Food establishment means an operation that stores, prepares, serves, or otherwise provides food for human consumption, and provides such food directly to a member of the public for consumption; provided, that "food establishment" shall not include the following:

    (1)

    An establishment that offers only prepackaged foods that are not potentially hazardous;

    (2)

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

    (3)

    A kitchen in a private home that prepares food that is not potentially hazardous for sale or consumption at a non-profit or charitable function if the consumer is informed, by means of a clearly visible sign at the point of sale or consumption, that the food was prepared in a kitchen that is not subject to regulation or inspection by the Director;

    (4)

    A kitchen in a private home that prepares and offers food to guests, for an exchange of consideration, if the home is owner-occupied, the number of available guest bedrooms does not exceed six, 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 or signs posted in the registration or dining area that the food is prepared in a kitchen that is not regulated and inspected by the Director; or

    (5)

    Private homes or vehicles where food is prepared or served for noncommercial consumption by the owners, occupants or their guests.

    (6)

    A food processing plant.

    (7)

    Convenience stores or gas stations that have 15 or fewer seats at which food is served to the public on the premises of the convenience store or gas station and are not associated with a national or regional restaurant chain.

    Limited food establishment means a food establishment that serves only hotdogs or frankfurter-type foods, prepackaged foods or foods that are not potentially hazardous foods.

    Limited service mobile food unit means a limited food establishment that is designed to be readily moveable.

    Mobile food unit means a food establishment that is designed to be readily moveable.

    Permit means the license issued by the Director that authorizes a person to operate a food establishment.

    Person in charge means the individual present in a food establishment who is responsible for the food service operation at the time of inspection authorized by this Chapter. If no single individual is responsible for the food service operation, then any employee present shall be deemed the "person in charge".

    Youth athletic activity means an organized event or activity exclusively for children of an age eligible for enrollment in Fairfax County Public Schools or younger, where such children participate in sports, physical exercises, or athletic competition.

    Youth athletic concession stand means a food establishment as defined in section 43.1-1-4 of this chapter that is located and operated at a youth athletic activity, and that operates for not more than three out of seven days per week and for not more than ten consecutive weeks in total duration. (34-97-43.1; 9-01-43.1; 12-01-67.1; 21-06-43.1.)