Section 289.570.1. Definitions.

Terms defined in 2000 PA 92, MCL 289.1101 to 289.8111, have the same meaning when used in these rules. As used in these rules:

(a)     "Accredited certification program"  means   the  "Standards   for Accreditation of Food Protection Manager Certification Programs As Amended by the 2008 Biennial Conference for Food Protection." The standards may be obtained by writing the Conference for Food Protection at 1302 Silver Spur Circle, Lincoln, CA. 95648 or by visiting www.foodprotect.org.   The term includes the following:

(i)   Refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, continued proficiency, discipline and grievance procedures; and test development and administration.

(ii)   Does not refer to training functions or educational programs.

(b)    "Certified manager" means a food establishment managerial employee who is currently certified under a personnel certification program accredited by the American national standards institute, utilizing the conference for food protection standards.

(c)   "Department" means the Michigan department of agriculture.

(d)  "Director" means the director of the Michigan department of agriculture or his or her designee.

(e)     "Food code" means food code, 2005 recommendations of the food and drug administration of the United States public health service that regulates the design, construction,  management,  and  operation  of  certain    food establishments, as adopted by the food law, 2000 PA 92, MCL 289.1101 to 289.8111.  The food code may be obtained by writing the Michigan department of agriculture, food and dairy division at P.O. Box 30017, Lansing, MI. 48909 or by visiting www.michigan.gov/mda.

(f)     "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

(g)    "Food establishment" means an operation where  food   is  processed, packed, canned, preserved, frozen,  fabricated,  stored,  prepared,   served, sold, or offered for sale. Food establishment includes a food processing plant, a food service establishment, and a retail grocery. Food establishment does not include any of the following:

(i)   A charitable, religious, fraternal, or other nonprofit organization operating a home- prepared baked goods sale or serving only home-prepared food in connection with its meetings or as part of a fund-raising event.

(ii)    An inpatient food operation located in a health facility or agency subject to licensure under article  17 of the public health  code, MCL 333.20101 to 333.22260.

(iii)   A food operation located in a prison, jail, state mental health institute, boarding house, fraternity or sorority house, convent, or other facility where the facility is the primary residence for the occupants  and the food operation is limited to serving meals to the occupants  as  part  of their living arrangement.

(h)   "Full time" means an employee that works an average of 30 hours per week, or 75% of the operating hours if the establishment operates  less  than 40 hours per week.

(i)   "Nonpublic school" means a private, denominational, or parochial school.

(j)    "Person in charge" means the individual present at a food establishment who is responsible for the operation at the time of inspection.

(k)   "Public school" means a public elementary or secondary educational entity or agency that is established under 1976 PA 451, MCL 380.1 to 380.1853, has as its primary mission the teaching and learning of academic and vocational-technical skills and knowledge, and is operated by a school

district, local act school district, special act  school  district, intermediate school district, public school academy corporation, strict discipline academy corporation, urban high school academy corporation, or by the department or state board. Public school also includes a laboratory school or other elementary   or  secondary  school that is controlled and operated by a state public university described in Mich. Const., Art. VII, sections 4, 5, or 6.

History: 2009 AACS.