Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section SAF.05.02 — Definitions

(a) "Cottage Foods" refers to homemade foods that are offered for sale consistent with this ordinance. This does not include home-grown, but unprocessed, foods such as fresh vegetables and fruits.

(b) "Environmental Health Advisor" means the U.S. Public Health Service Sanitarian or his/her designee.

(c) "Food Code" refers to the model Food Code, as updated, published by the U.S. Food and Drug Administration (FDA). This Food Code is regularly updated by the FDA and is intended to assist governments by providing a scientifically sound technical and legal basis for regulating retail food sales and the food service industry so as to prevent foodborne illness and injury in food service operations.

(d) "Food Handler's Card" means a wallet sized food handler card issued by the Environmental Health Officer or designee to temporary vendors to indicate they have successfully completed the Stockbridge-Munsee food handler's training course.

(e) "Food Service Establishment" means a unit that operates at a fixed location for more than 14 days where food is processed and intended for individual consumption usually for retail sale. The term includes any such place whether consumption is on or off the premises. This term includes home kitchens that prepare food for sale.

(f) "Food Service Permits" means the food service establishment operation permit issued by the Health Director or designee to a permanent food service establishment to indicate they have passed inspection and proven that at least one individual has successfully completed an approved food handler's certification examination.

(g) "Health Director" means the duly appointed Director of the Stockbridge-Munsee Health Department or his/her designee.

(h) "Local" generally refers to foods grown or produced within 100 miles, but such distance may be greater depending on the reasonable availability of a food.

(i) "Major food allergen" refers to milk, eggs, fish (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans or walnuts), wheat, peanuts, and soybeans; or a food ingredient that contains protein derived from such a food.

(j) "Priority ('P') Item" refers to a provision of the Food Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard. Priority Item includes items with a quantifiable measure to show control of hazards. Cooking, reheating, cooling, and handwashing are examples of Priority Items.

(k) "Priority Foundation ('Pf') Item" refers to a provision of the Food Code whose application supports, facilitates or enables one or more Priority Items. Priority Foundation Item includes items that require the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury. Personnel training, infrastructure or necessary equipment (such as washing facilities or refrigerators), operation plans, recordkeeping and labeling are examples of Priority Foundation Items.

(l) "Safe" for purposes of cottage foods and food service discussion in this ordinance, refers to food that is does not require time/temperature control for safety ("TCS") in order to limit pathogenic microorganism growth or toxin formation or, if such TCS standards are appropriate, such TCS foods are handled consistent with such standards.

(m) "Temporary Food Service Establishment" means a food service establishment that operates at a location for a period of less than 14 days. This could be in conjunction with a single event or celebration.

(n) "Time/Temperature Control for Safety" ("TCS") food (formerly referred to as potentially hazardous food) which is food that requires time/temperature control for safety in order to limit pathogenic microorganism growth or toxin formation.

(1) Such TCS standards can include, but are not limited to, refrigeration, heat-treating, processing with acid, and time limits on keeping the food.

(2) Such TCS foods include, but are not limited to, meat and meat products, fish, dairy, raw sprouts, cut melons, cut leafy greens, cut tomatoes, and garlic-in-oil mixtures that have not been modified in a way that they cannot support pathogenic microorganism growth or toxin formation.

(o) "Tribe" refers to the Stockbridge-Munsee Community.