50-50-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
     (1) "Baked goods" means breads, cakes, candies, cookies, pastries, and pies that are not potentially hazardous foods.
     (2) "Consumer" means a person who is a member of the public, takes possession of food, is not operating an establishment, and does not offer the food for resale.
     (3) "Department" means the department of public health and human services provided for in 2-15-2201.
     (4) (a) "Establishment" means a retail food manufacturing establishment, meat market, food service establishment, perishable food dealer, or water hauler.
     (b) The term does not include people who gather to exchange in nonmonetary transactions:
     (i) high-acid canned goods, including but not limited to tomato sauce, fruits, pickles, or other vinegar-based foods;
     (ii) home-brewed beer; or
     (iii) dehydrated fruits and vegetables.
     (5) "Farmer's market" means a farm premises, a roadside stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority.
     (6) "Food" means an edible substance, beverage, or ingredient used, intended for use, or for sale for human consumption.
     (7) (a) "Food service establishment" means a fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, sandwich shop, soda fountain, food store serving food or beverage samples, food or drink vending machine, tavern, bar, cocktail lounge, nightclub, industrial feeding establishment, catering kitchen, commissary, private organization routinely serving the public, or similar place where food or drink is prepared, served, or provided to the public at retail, with or without charge.
     (b) The term does not include:
     (i) operations, vendors, or vending machines that sell or serve only packaged, nonperishable foods in their unbroken, original containers;
     (ii) a private organization serving food only to its members;
     (iii) custom meat cutters or wild game processors who cut, process, grind, package, or freeze game meat for the owner of the carcass for consumption by the owner or the owner's family, pets, or nonpaying guests;
     (iv) an establishment, as defined in 50-51-102, that serves food only to its registered guests and day visitors.
     (8) "Local board of health" means a county, city, city-county, or district board of health.
     (9) "Local health officer" means a county, city, city-county, or district health officer, appointed by the local board of health, or the health officer's authorized representative.
     (10) "Meat market" means an operation and buildings or structures in connection with it used to process, store, or display meat or meat products for retail sale to the public or for human consumption.
     (11) "Nonprofit organization" means any organization qualifying as a tax-exempt organization under 26 U.S.C. 501.
     (12) "Perishable food dealer" means an operation that is in the business of purchasing and selling perishable food to the public at retail.
     (13) "Person" means a person, partnership, corporation, association, cooperative group, the state or a political subdivision of the state, or other entity.
     (14) (a) "Potentially hazardous food" means a food that is natural or synthetic and is in a form capable of supporting:
     (i) the rapid and progressive growth of infectious or toxigenic microorganisms; or
     (ii) the growth and toxin production of Clostridium botulinum.
     (b) The term includes cut melons, garlic and oil mixtures, a food of animal origin that is raw or heat-treated, and a food of plant origin that is heat-treated or consists of raw seed sprouts.
     (c) The term does not include:
     (i) an air-cooled, hard-boiled egg with intact shell;
     (ii) a food with a hydrogen ion concentration (pH) level of 4.6 or below when measured at 24 degrees C (75 degrees F);
     (iii) a food with a water activity (aw) value of 0.85 or less;
     (iv) a food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution; or
     (v) a food for which laboratory evidence is accepted by the department as demonstrating that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of Clostridium botulinum cannot occur.
     (15) (a) "Preserves" means processed fruit or berry jams, jellies, compotes, fruit butters, marmalades, chutneys, fruit aspics, fruit syrups, or similar products that have a hydrogen ion concentration (pH) of 4.6 or below when measured at 24 degrees C (75 degrees F) and that are aseptically processed, packaged, and sealed.
     (b) The term does not include:
     (i) tomatoes or food products containing tomatoes; or
     (ii) any other food substrate or product preserved by any method other than that described in subsection (15)(a).
     (16) "Raw and unprocessed farm products" means fruits, vegetables, and grains sold at a farmer's market in their natural state that are not packaged and labeled and are not:
     (a) cooked;
     (b) canned;
     (c) preserved, except for drying;
     (d) combined with other food products; or
     (e) peeled, diced, cut, blanched, or otherwise subjected to value-adding procedures.
     (17) "Regulatory authority" means the department, the local board of health, the local health officer, or the local sanitarian.
     (18) "Retail" means the provision of food directly to the consumer.
     (19) (a) "Retail food manufacturing establishment" means an operation and the buildings or structures used to manufacture or prepare food for sale or human consumption at retail.
     (b) The term does not include:
     (i) milk producers' facilities, milk pasteurization facilities, or milk product manufacturing plants;
     (ii) slaughterhouses, meat packing plants, or meat depots; or
     (iii) producers or harvesters of raw and unprocessed farm products.
     (20) (a) "Water hauler" means a person engaged in the business of transporting water for human consumption and use and that is not regulated as a public water supply system as provided in Title 75, chapter 6.
     (b) The term does not include a person engaged in the business of transporting water for human consumption that is used for individual family households and family farms and ranches.

     History: En. Sec. 2, Ch. 17, L. 1967; amd. Sec. 1, Ch. 130, L. 1971; amd. Sec. 1, Ch. 349, L. 1974; R.C.M. 1947, 27-612; amd. Sec. 1, Ch. 199, L. 1987; amd. Sec. 1, Ch. 732, L. 1991; amd. Sec. 1, Ch. 315, L. 1995; amd. Sec. 136, Ch. 418, L. 1995; amd. Sec. 315, Ch. 546, L. 1995; amd. Sec. 1, Ch. 412, L. 1997; amd. Sec. 1, Ch. 428, L. 2001; amd. Sec. 28, Ch. 474, L. 2003; amd. Sec. 1, Ch. 528, L. 2003; amd. Sec. 1, Ch. 357, L. 2011; amd. Sec. 1, Ch. 302, L. 2013.