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APPENDIX I

Notes To “Prepared Food” Flowchart

  • 1.

    "Food and food ingredient" means a substance in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion, or for chewing, by humans and that is ingested or chewed for its taste or nu- tritional value. "Food and food ingredient" includes beverages, but not alcoholic beverages. "Food and food ingredient" does not include tobacco.

  • 2.

    Food and food ingredients are sold in a heated state if they are sold at a temperature higher than the room temperature.

  • 3.

    A business’ code under the North American Industry Classification System (NAICS) is based on that busi- ness’ primary business activity. NAICS subsector 311 covers all food manufacturing businesses.

  • 4.

    A business’ code under the North American Industry Classification System (NAICS) is based on that busi- ness’ primary business activity. NAICS subsector 311 covers all food manufacturing businesses and industry group number 3118 covers bakeries and tortilla manufacturing.

  • 5.

    Bakery items include breads, rolls, pastries, buns, biscuits, bagels, croissants, donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, and tortillas.

  • 6.

    For purposes of computing the 75%, the numerator is made up of the retailer’s sales of food and food in- gredients:

  • (a)

    That are sold heated;

  • (b)

    That were heated by the retailer but sold unheated, but not including:

    • The retailer’s sales of bakery items,

    • Two or more food ingredients mixed or combined by the retailer for sale as a single item if the re- tailer’s primary NAICS code is manufacturing under subsector 311 but not including bakeries and tortilla manufacturers under industry group number 3118, and

    • Two or more food ingredients mixed or combined by the retailer for sale as a single item and sold unheated by weight or volume

  • (c)

    Two or more food ingredients mixed or combined by the retailer for sale as a single item, but not includ- ing:

    • The retailer’s sales of bakery items,

    • Two or more food ingredients mixed or combined by the retailer for sale as a single item if the re- tailer’s primary NAICS code is manufacturing under subsector 311 but not including bakeries and tortilla manufacturers under industry group number 3118,

    • Two or more food ingredients mixed or combined by the retailer for sale as a single item and sold unheated by weight or volume,

    • Items that are only sliced, repackaged, or pasteurized by the retailer, or

    • Eggs, meat, fish, poultry or any food item containing them in raw form that requires cooking by the consumer.

  • (d)

    Food and food ingredients for which plates, bowls, glasses, or cups are necessary to receive the food and food ingredients.

The denominator is made up of all of the retailer’s sales of food and food ingredients.

  • 7.

    Serving sizes are based on the information contained on the label of each item sold, except that if the item does not contain a label, the serving size is based on the retailer’s reasonable determination.

  • 8.

    Utensils are not considered to be “made available” by the retailer to the purchaser solely by virtue of a uten- sil being placed in the package along with the food item by a person other than the retailer. “Utensils” include napkins, straws, forks, spoons, knives, plates, bowls, glasses, and cups.

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