Section 730.1000  Definitions

The definitions and interpretations contained in section 201 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321) and Section 502 of the Illinois Food, Drug and Cosmetic Act [410 ILCS 620] are applicable to terms used in this Part.  Additional terms are defined as follows:

"Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice.

"Department" means Illinois Department of Public Health.

"Establishment" means a business organization or public institution.

"Follow-up Inspection" or "Reinspection" means any inspection made by the Department to administer and enforce the Act and this Part for purposes of responding to a substantiated complaint, complying with a request by the permittee or its agent, or ensuring compliance with an order of the Department. This term does not include routine inspections performed by the Department.

"Food Processing Plant" means any building, facility or parts thereof located in Illinois used for or in connection with the manufacturing, packing, repackaging, holding, or transporting of human food products for distribution to another entity for resale or redistribution.

Food processing plant does not include:

A residential kitchen in a private home.

An establishment engaged solely in the harvesting, storage or distribution of one or more raw agricultural commodities, that is not ordinarily cleaned, prepared, treated, or otherwise processed before being marketed to the consuming public.

Slaughter or processing plants, meat and poultry brokers, or refrigerated warehouses regulated under the authority of the Department of Agriculture.

Dairy farms or milk plants regulated under the Grade A Pasteurized Milk and Milk Products Code.

Shell egg producers regulated under the Egg and Egg Products Act.

Any food establishment defined in the Food Code that sells food products directly to consumers unless engaged in activities subject to 21 CFR Part 120 or 21 CFR Part 123. The term consumers does not include businesses.

"Food Storage Facility" or "Warehouse" means any premises, establishment, building, room area, facility or place, in whole or in part, where food is stored, kept or held, for wholesale distribution to other wholesalers or to retail outlets, restaurants, and any other facility selling or distributing to the ultimate consumer. Food storage facility includes, but is not limited to, a facility where food is held refrigerated or frozen and includes facilities where food is stored to the account of another firm or is owned by the food storage warehouse. Food storage facility does not include a grain elevator or produce farm that stores, packs, and ships and does not process fresh fruit and vegetables even though it may use refrigerated or controlled atmosphere storage practices in its operation.  Food storage facility also does not include retail fulfillment centers.

"Holding" or "Holds" or "Held" means the action of storing food prior to distribution.

"Plant" means the building or buildings or parts thereof used for, or in connection with, the manufacturing, processing, packaging, labeling or holding of human food.

"Repackaging" means breaking down large bulk quantities of food into smaller packages. Repackaging may include repackaging products into different sizes or formats.

" Retail fulfillment center" means a facility operated by a retailer or food establishment to process online customer orders.  Retail fulfillment centers may receive, sort, store, hold and ship food to complete orders to online consumers.  The term consumers does not include businesses.  A retail fulfillment center is not a food storage facility unless offering or engaging in food activities of a food storage facility including storing, holding or repackaging food for resale or redistribution by other business entities.

"Routine Inspection" means an inspection conducted by the Department to determine compliance with the Act and this Part.

"Sanitize" means adequate treatment of surfaces by a process that is effective in destroying vegetative cells of pathogenic bacteria and in substantially reducing other micro-organisms.  This treatment shall not adversely affect the product and shall be safe for the consumer.

"Shared Kitchen" or "Commissary Kitchen" or "Rental Kitchen" means a permitted food processing plant or food storage facility that allows additional operations by owning or leasing space. Food processing plants or food storage facilities operating in shared kitchens shall obtain separate permits from the permit issued to the shared kitchen.

(Source:  Amended at 50 Ill. Reg. 5404, effective March 31, 2026)