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137E.1 Definitions.

For the purpose of this chapter:

1. "Commissary" or "vending machine commissary" means a catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored.

2. "Department" means the department of inspections and appeals.

3. "Director" means the director of the department of inspections and appeals or the chief inspector of the inspections division of the department of inspections and appeals.

4. "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

5. "Food and beverage vending machine ordinance" means the 1978 edition of the federal food and drug administration food and beverage vending machine ordinance.

6. "Local board of health" means a county, city, or district board of health.

7. "Machine location" means the room, enclosure, space, or area where one or more vending machines are installed and operated.

8. "Municipal corporation" means a political subdivision of this state.

9. "Operator" means any person who by contract, agreement, or ownership takes responsibility for furnishing, installing, servicing, operating, or maintaining one or more vending machines.

10. "Perishable food" means any food of a type or in a condition which may spoil.

11. "Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shell fish, edible crustacea, or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth or infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (Aw) value of 0.85 or less.

12. "Regulatory authority" means the department or a local board of health that has entered into an agreement with the director pursuant to section 137E.3 for authority to enforce the food and beverage vending machine laws in its jurisdiction.

13. "Vending machine" means any self-service device which, upon insertion of a coin or token, or by other similar means, dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation.

Section History: Early form

[C73, 75, 77, 79, 81, § 191A.1]

Section History: Recent form

86 Acts, ch 1245, § 544; 90 Acts, ch 1204, § 40, 66 ~IC91, § 137E.1

Internal References

Referred to in § 137E.2

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