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<section number="12-104" name="Definitions" law="code" slug="sec-12-104" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_12HE_DIV2FOSEFA_SD2COADINCHSTRE_S12-104DE">
  <level label="a">
    <text>In addition to the definition of terms contained in the State regulations adopted by reference in this Division, the following definitions and terminology shall apply and are applicable to such provisions adopted by reference:</text>
    <level label="1">
      <text>Approving authority shall mean the Prince George's County Health Officer.</text>
    </level>
    <level label="2">
      <text>Bulk lot frozen food shall mean frozen food intended to be thawed and repackaged for retail sale.</text>
    </level>
    <level label="2.1">
      <text>Catering Service shall mean the preparation or provision and the serving of food and drink at the provider's premises or elsewhere where a prearranged amount of food is provided with or without charge for a group's event or function; an individual is not charged for a single portion of food. The provider's premises must be a licensed commercial facility.</text>
    </level>
    <level label="2.2">
      <text>Certified food service manager shall mean a person in a supervisory capacity who has obtained training in food sanitation or has otherwise demonstrated knowledge of good food handling practices, and has obtained the certification document issued by the Department.</text>
    </level>
    <level label="2.3">
      <text>Chronic Offender shall mean any person who operates a food service facility or who manages a shopping center containing two (2) or more food service facilities, and who demonstrates a pattern of violating regulations, being evidenced by:</text>
      <level label="A">
        <text>On two (2) or more occasions within a twelve (12) month period, suspension of the food service facility permit pursuant to Section 12-111 of this Subdivision; and/or</text>
      </level>
      <level label="B">
        <text>Notices of proven violations of regulations under this Division which do not result in a permit suspension, all rights of appeal having been exhausted; or</text>
      </level>
      <level label="C">
        <text>On two (2) or more occasions within a twelve (12) month period, the Health Officer requires a compliance hearing.</text>
      </level>
    </level>
    <level label="3">
      <text>Department shall mean the Prince George's County Health Department.</text>
    </level>
    <level label="4">
      <text>Depot shall mean a food service facility permitted by the Department or other regulatory agency sanctioned by the approving authority which provides one or more of the following services to mobile special food service facilities on a routine basis: food, food preparation or storage, utensil wash facilities, potable water, or waste disposal facilities. Depot includes a food service facility that:</text>
      <level label="A">
        <text>Will be annually inspected by the Department;</text>
      </level>
      <level label="B">
        <text>Will only allow licensed mobile vendors to operate at their Depot; and</text>
      </level>
      <level label="C">
        <text>Will provide an annual record of all mobile vendors using their Depot.</text>
      </level>
    </level>
    <level label="5">
      <text>Food and drink shall mean all food and drink used for human consumption as defined in Title 21, Section 101(i), Health-General Article, Annotated Code of Maryland.</text>
    </level>
    <level label="6">
      <text>Food cluster shall mean an enclosed assemblage of adjacent or adjoining food service facilities located within an integrated shopping center as defined in Section 27-107.01 of this Code, operating within a specifically designated area sharing customer dining areas.</text>
    </level>
    <level label="7">
      <text>Food Hall shall mean an establishment consisting of three or more individually-licensed businesses offering food and beverages for consumption on the premises, catering, take out, or delivery. Food uses shall comprise a minimum of sixty percent (60%) of the gross floor area of the use.</text>
    </level>
    <level label="8">
      <text>Food Hall Operator shall mean the person or entity in charge of the Food Hall who must obtain a Master Use and Occupancy Permit from the Department of Permitting, Inspections and Enforcement and obtain a High Priority Food Service License from the County Health Officer.</text>
    </level>
    <level label="9">
      <text>Food Hall Vendor shall mean the person or entity who operates within a designated Food Hall unit. The Food Hall vendor must maintain a low, moderate or high priority license or permit for their leased unit from the County Health Officer. A Food Hall vendor shall apply for a low, moderate or high priority food service license within 30 days of their occupancy. The County Health Officer may allow a food vendor who has applied for a low, moderate or high priority license to operate under the Food Hall operator's High Priority Food Service License for up to 90 days. The required 30 days wherein the Food Hall vendor must apply for the food service license shall run concurrently with the 90 days wherein the Food Hall vendor may operate under the Food Hall operator's High Priority Food Service License.</text>
    </level>
    <level label="10">
      <text>Food service facility shall mean any place in Prince George's County, except those establishments that are on non-leased federally owned property which are operated and inspected by the Federal Government in which food or drink products are manufactured, prepared, packed, handled, stored, sold, served, automatically vended, or distributed on a temporary or permanent basis for consumption by the general public and shall include special food service facilities and facilities which sell live and/or unprocessed seafood, but shall not be construed to mean individual, private residences where, without charge, food or drink products are prepared and consumed. Class B food service facilities are those which are open five (5) or less days per week, serve potentially hazardous food, and are operated by volunteer fire companies or bona fide nonprofit fraternal, civic, veterans, religious, or charitable organizations in compliance with Internal Revenue Service (IRS) definitions and protocols.</text>
    </level>
    <level label="11">
      <text>Frozen food shall mean food or drink, except ice cream or related dairy products, preserved by being subject to temperatures not in excess of -10° F and subsequently transported or stored at temperatures not in excess of 0° F.</text>
    </level>
    <level label="12">
      <text>Hazard Analysis Critical Control Point Assessment shall mean the prioritization of a food service facility as defined in COMAR 10.15.03.</text>
    </level>
    <level label="13">
      <text>Health Officer shall mean the Prince George's County Health Officer or the Health Officer's designee.</text>
    </level>
    <level label="14">
      <text>Immediate Control shall mean being physically present and capable of monitoring for food safety and apply corrective actions if necessary.</text>
    </level>
    <level label="15">
      <text>Level B food service manager shall mean the certified food service manager of a non-profit food service facility who receives the abbreviated food service manager certification training offered by the Health Department.</text>
    </level>
    <level label="16">
      <text>Mobile unit shall mean a special food service facility which is a mechanically, electrically, manually, or otherwise propelled vehicle that is relocated following each day's operation to an approved depot or other location acceptable to the approving authority.</text>
    </level>
    <level label="17">
      <text>Nonprofit shall mean a volunteer fire company or bona fide nonprofit fraternal, civic, veterans, religious, or charitable organization as defined by the Internal Revenue Service.</text>
    </level>
    <level label="18">
      <text>Operating from a fixed location for a temporary period shall mean operating a food service facility for not more than five (5) days at a fixed location for an event such as a carnival, circus, fair, or similar temporary event. The five (5) day period of time is subject to variance at the discretion of the Health Officer. However, operating a food service facility or a special food service facility intermittently at one (1) location and operating mobile units as a food service facility or special food service facility relocating at different sites shall not be construed as operating for a temporary period.</text>
    </level>
  </level>
</section>
