049-8 Wyo. Code R. §§ 8-2 - Definitions

The following definitions shall apply in the interpretation of health and sanitation standards for child care facilities.

(a) "Approved chemical sanitizing agent" those sanitizing solutions that have as active ingredients chlorine, iodine, quaternary ammonia, or other sanitizing solutions approved by the regulatory authority.

(b) "Approved source" means the source(s) of the water whether it be from a spring, artesian well, drilled well, municipal water supply, or any other source that has been inspected and the water sampled, analyzed, and found to be of a safe and sanitary quality in accordance with the applicable laws and regulations of the State of Wyoming.

(c) "Bottled water" means water that is from an approved source and is placed in a sealed container or package and is offered for sale for human consumption or other consumer uses.

(d) "Communicable" capable of being transmitted from one person to another.

(e) "Compliance letter" a letter sent to the regulatory authority outlining what has or will be done by the owner and/or director to comply with the health/sanitation standards.

(f) "Cross-contamination" the transmission of infectious or toxic agents from one object to another.

(g) "Drinking water" means water that meets 40 CFR 141 National Primary Drinking Water Regulations; is traditionally known as "potable water"; included the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "non-drinking" water.

(h) "Easily cleanable" means a characteristic of a surface that:

(i) Allows effective removal of soil by normal methods;

(ii) Is dependent on the material, design, construction, and installation of the surface;

(iii) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use; and

(iv) Includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under Subparagraph (A) of this definition, to different situations in which varying degrees of cleanability are required such as:

(A) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or

(B) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

(i) "Equipment" means an article that is used in the operation of an establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine. It does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or over wrapped lot, such hand trucks, forklifts, dollies, pallets, racks, and skids.

(j) "Food" means articles used for food or drink for humans including meat and ice intended for human consumption; chewing gum; beverages subject to the Federal Alcohol Administration Act, as amended, (Title 27 U.S.C. 201 et seq.); articles used for components of any article noted above in this paragraph.

(k) "Food area(s)" is the area(s) of the facility used for storage, preparation, and/or serving of food. Included is that area where the food service utensils and equipment are washed and/or stored.

(l) "Food-contact surface" means a surface of equipment or a utensil with which food normally comes into contact; or from which food may drain, drip, or splash into a food or onto a surface normally in contact with food.

(m) "Garbage" waste resulting from the growing, handling, preparation, cooking, and consumption of food; also includes sanitary napkins, soiled diapers, and other insect or rodent-attracting refuse.

(n) "Insect and rodent proof" capable of keeping insects and rodents from entering buildings, garbage containers, diaper pail(s), or containers (e.g., tight fitting screens, doors, lids.)

(o) "Multi-use" means designed or intended to be used more than once and intended to be cleanable.

(p) "Nonabsorbent" a relatively hard surface that will not absorb liquids, food items, etc.

(q) "Pathogen(ic) " any disease-producing microorganism or material.

(r) "Potentially Hazardous Food (Time/Temperature Control for Safety Food)." means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

(i) Potentially hazardous food (time/temperature control for safety food) includes:

(A) An animal food that is raw or heat-treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way that do not support pathogenic microorganism growth or toxin formation; and are usually high in protein or carbohydrates and have a pH above 4.6 and a water activity above 0.85.

(ii) Potentially hazardous food (time/temperature control for safety food) does not include:

(A) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;

(B) 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;

(s) "Private water supply" a water supply meant for human consumption, but that is used by the occupants of only one (1) facility and the children being cared for at that facility (well, cistern, etc.).

(t) "Regulatory authority" the Department of Family Services (Department) or its designated representative.

(u) "Safe materials" articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of the food. An article that is used as specified in section 409 of the Federal Food, Drug, and Cosmetic Act, as amended or articles that are used in conformity with applicable regulations.

(v) "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five (5) logs, which is equal to a ninety nine and nine hundred ninety nine thousandths percent (99.999%) reduction, of representative disease microorganisms of public health importance.

(w) "Single service article" means tableware, carryout utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one (1) time, one (1) person use after which they are intended for discard.

(x) "Shielding" a protective covering placed over lights or heating fixtures that will effectively prevent glass fragments from contaminating foods or food contact surfaces.

(y) "Utensils" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multi-use, single-service, or single-use; gloves used in contact with food; food temperature measuring devices used in contact with food.

Notes

049-8 Wyo. Code R. §§ 8-2

Adopted, Eff. 10/7/2016. Amended, Eff. 2/2/2022.