§ 9-52-1. Definitions.

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

Approved means acceptable to the health officer based on his or her determination as to conformance with appropriate standards and good public health practice, as hereinafter set forth.

Bakery means a plant where bread, rolls, cakes, doughnuts, pies and similar products are processed, mixed, baked, packaged or stored for sale and distribution to retailers.

Commissary means any state licensed stationary food establishment that serves mobile food dispensers, mobile food facilities, vending machines or other food dispensing operations where (i) food, containers or supplies are stored; (ii) food is prepared or prepackaged for sale or service at other locations; (iii) utensils are cleaned; or (iv) liquid and solid wastes are disposed of or potable water is obtained.

Food commissary means an establishment with an eating and drinking classification, which prepares food for distribution to an approved retail food establishment owned or operated by the same person who has ownership of the commissary. Adequate equipment must be provided to maintain good sanitation in the preparation and transportation of such food.

Environmentalist is the term designated to include inspectors, sample collectors or any other person employed by the health department and assigned to food control.

Frozen dessert is any clean frozen or partially frozen combination of two or more of the following: Grade A milk products, manufactured milk or manufactured milk products, eggs or egg products, sugars, water, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color, or harmless stabilizers, and shall be deemed to include ice cream, ice milk, sherbet, imitation ice cream, novelties, and other similar products.

Grocery store or retail market means a place of business where food and food products are stored, displayed and offered for sale to retail customers to be prepared or cooked elsewhere. Another type of business such as a meat market, restaurant, or bakery may be incorporated into the grocery store area but will not be included in this definition. A grocery store or retail market routinely sells fruits, vegetables or other produce and/or has a meat market. See also, retail market .

Health officer means the county health officer and/or director of the county health department, or his or her designated representative.

Historical district means a specific area included on the state register of historical places, as defined by state laws or the state historical commission.

Labeling means the marking, designation, or descriptive device on food containers and/or articles of food denoting the name of the product, ingredients thereof; name and address of manufacturer and/or distributor (if name and address of distributor is utilized then the permit number and the permitting agency shall appear on the product); and any other information required by the state department of agriculture, USDA or FDA, as found in the Tennessee Food, Drug, and Cosmetic Act Food Labeling Requirements, T.C.A. § 53-1-105 et seq.

Meat market means a place of business or an area in a grocery store which meat, or meat products, are stored, processed, displayed or offered for sale.

Menu change means a modification of a food establishment's menu that requires a change in the food establishment's food preparation equipment, storage equipment or storage capacity previously approved by the health department. The term "menu change" shall include, but is not limited to, the addition of potentially hazardous food to a menu, installation of new food preparation or storage equipment, or increasing storage capacity.

Misbranded means 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.

Mobile food units means:

1.

Mobile food truck means a truck that dispenses pre-packaged food and drinks.

A.

Mobile food market means a truck that dispenses pre-packaged food and drinks or sells pre-packaged frozen or refrigerated meat, poultry, or dairy products, fresh fruits and vegetables and other perishable and/or non-perishable packaged products from approved locations in Memphis and Shelby County in accordance with Tennessee Department of Agriculture Rules Chapter 0080-4-9, 0080-03-01 and 0080-04-01.

B.

Mobile food market with deli as defined above, with the addition of the preparation of potentially hazardous food, including cold or hot sandwiches, hot dogs, ready-to-eat meats, pizza, chili, dip ice cream and soft serve machines.

C.

Industrial caterer dispenses pre-packaged food products and drinks to one or more locations on commercial or industrial property, private or public, with the permission/authorization of the owner or occupant.

2.

Mobile food preparation vehicle is a mobile food preparation vehicle that is any motorized vehicle that includes a self-contained or attached trailer kitchen in which food is prepared, processed or stored and used to sell and dispense food to the ultimate consumer. Mobile units must be mobile at all times during operation. The unit must be on wheels (excluding boats) at all times. Any mobile food unit that removes such wheels or becomes stationary must meet Tennessee Department of Health Regulations Chapter 1200-23-1 et seq. in its entirety. This definition does not include pushcarts as regulated by city codes and prohibited from selling potentially hazardous foods by the state department of health, nor vehicles from which only ice cream and other frozen non-hazardous food products are sold, nor vehicles operating under special event permit.

3.

Mobile frozen meat truck means a truck that sells pre-packaged frozen meat or poultry to retail customers from approved locations in Memphis and Shelby County in accordance with Tennessee Department of Agriculture Rules and Regulations Chapter 0080-4-9 et seq.

4.

Mobile seafood truck means a truck that sells pre-packaged frozen or refrigerated seafood as well as seafood packaged on site to retail customers from approved locations in Memphis and Shelby County in accordance with Tennessee Department of Agriculture Rules and Regulations Chapter 0080-04-10-.01 and 0080-04-10-.02.

5.

Produce truck means person who sells or peddles from a vehicle on the streets of the city only fruits, vegetables, melons, berries, chestnuts and packaged nuts. Such products may be produced by him/her or they may be purchased from others for resale.

6.

Push cart means a mobile unit which dispenses non-potentially hazardous food on a daily basis from a non-motorized mobile vehicle which operates within the confines of a public or private pedestrian mail, shopping center, commercial business, city park or commercially zoned historical district, in accordance with Tennessee Department of Health Rules and Regulations for mobile units, Chapter 1200-23-1-.02(12).

7.

Pedestrian vendor means a person engaged in the business of dispensing non-potentially hazardous or non-perishable packaged food on a daily basis from a non-motorized mobile vehicle which operates within the confines of a public or private pedestrian mall, shopping center, commercial business, city park or commercially zoned historical district.

8.

Ice cream vendor means any person who offers for sale or sells to another any frozen desserts while operating from an ice cream cart or truck on the streets of the city.

Packaged-goods store means a retail food establishment in which non-perishable food is stored, displayed and/or offered for sale in the packaged form and is intended for consumption off the premises. No meat market is included in the establishment, nor are fruits, vegetables and other produce routinely offered for sale.

Pedestrian mall means an open or covered passageway or concourse which provides access to rows of stores and is closed permanently to private motor vehicles, and dedicated or otherwise appropriated to the public for public use, which is under the authority of a mall agent or manager.

Perishable food means any food of such type or in such condition as may spoil.

Person in charge means the individual present in a food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.

Potentially hazardous food are those foods which consist of meat, poultry, liquid eggs and partially cooked egg products, fish, milk and milk products, shellfish, partially cooked bakery products and/or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms when stored at temperatures in excess of 41 degrees Fahrenheit, if a cold food, or 135 degrees Fahrenheit or below, if a hot food.

Also included as potentially hazardous foods are foods with a Ph greater than 4.2 and a water activity greater than .88, such as low acid canned foods (vegetables, fish, meat, etc.) and acidified foods (pickled vegetables, fish, meat, eggs, etc.).

Retail bakery means a place of business where bread, rolls, cakes, doughnuts, pies and similar products are processed, mixed, racked, packaged and sold to consumers primarily for consumption off the premises.

Retail market or grocery store means a place of business where food and food products are stored, displayed and offered for sale to retail customers to be prepared or cooked elsewhere. Another type of business such as a meat market, restaurant, or bakery may be incorporated into the grocery store area but will not be included in this definition. A grocery store or retail market routinely sells fruits, vegetables or other produce and/or has a meat market. See also, "grocery store."

Servicing area means a mobile food unit servicing area shall be provided and shall include at least overhead protection for any supplying, cleaning, or servicing operation. Within this servicing area, there shall be a location provided for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for the loading and unloading of food and related supplies.

Shopping center means a group of two or more commercial establishments that occupies at least 30,000 square feet of gross leasable area, located in a building or buildings that are planned, developed, owned and managed as a unit.

Wholesome , when applied to food for human consumption, means in sound condition, clean and free from adulteration.

(Ord. No. 5542, § 1, 12-17-2013)