Ala. Admin. Code r. 420-3-15-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-15-.01 - General Provisions

(1) Purpose: These rules provide standards for the sanitary processing, handling and transportation of crabs and crab meat; for permit issuance, suspension, and revocation for establishments processing, handling and transporting crabs and crab meat; and prohibit the sale of adulterated or misbranded crab meat.

(2) Applicability: These rules apply to all persons involved in the handling, processing, and sale of crab meat. Due to special circumstances, administration and enforcement of these rules are to be conducted by the State Health Officer.

(3) Authority: The State Board of Health is authorized to adopt and promulgate these rules under and by virtue of the authority of Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975. Due to special circumstances, administration and enforcement of these rules are to be carried out by the State Health Officer.

(4) Definitions: The following definitions shall apply in the interpretation and enforcement of these rules:

(a) ADULTERATED: Crab meat or crab meat products that contain any substance that may be injurious to consumer health and has the meaning stated in 21 U.S.C. § 342 which is hereby adopted and incorporated by reference.

(b) APPROVED: Acceptable to the Health Officer based upon his determination as to conformance with appropriate rules, regulations and good public health practices.

(c) APPROVED SOURCE: The crab meat and ingredients or substances originated and were harvested, processed, handled, transported and stored under sanitary conditions equivalent to the provisions of these rules.

(d) BACKED CRABS: Cooked crabs from which the top shell has been removed.

(e) COOKED CRABS: Live crabs that have been cooked in boiling water or by pressure steam.

(f) CRAB MEAT: The edible meat of cooked crabs.

(g) CRAB MEAT PROCESSING PLANT: Any establishment or place where crab meat is processed for human consumption.

(h) EASILY CLEANABLE: Readily accessible and of such material and finish, and fabricated so that residue may be effectively removed by normal cleaning methods.

(i) EMPLOYEE: Any person engaged in the processing of crab meat for human consumption.

(j) EQUIPMENT: All cookers, boilers, retorts, tables, hoods, refrigerators, crab washers, sinks, racks, baskets, scales, dollies, sanitizing equipment, storage bins and related items other than utensils, used in the operation of a crab meat processing plant.

(k) FOOD CONTACT SURFACE: Any equipment surface or utensil with which crab meat comes in contact, either directly or indirectly.

(l) HEALTH OFFICER: The State Health Officer or the authorized representative of the State Health Officer.

(m) IMMINENT HAZARD: An imminent hazard to the public health is considered to exist when in the opinion of the Health Officer evidence is sufficient to show that a product, practice or condition poses a significant threat of danger to the public's health. The imminent hazard shall be corrected immediately to prevent injury and may not be allowed to continue during an informal or formal administrative appeal of an adverse action.

(n) MISBRANDED: The presence or absence of any written, printed, or graphic material upon or accompanying crab meat or containers of crab meat, which is false or misleading, or which violates any applicable Federal and/or State labeling requirements.

(o) OVERAGE: That portion of crab meat in excess of a standard measure used to record a picker's output as delivered to the packing room.

(p) PERSON: An individual firm, partnership, company, corporation, trustee, association, or any public or private legal entity.

(q) PERSON IN CHARGE: The person having charge of the operation of a crab meat processing plant, whether such person is the permit holder or his duly authorized representative.

(r) PERMIT HOLDER: Person who is legally responsible for the operation of a crab meat processing plant and to whom the permit for the operation of the particular crab meat processing plant is issued.

(s) REPEAT VIOLATION: The violation of the same item of these rules on two or more consecutive inspections or laboratory reports.

(t) SANITIZE: The adequate treatment of food contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance without adversely affecting the product or its safety for the consumer.

(u) SEALED: Free from cracks or other openings which permit entry or passage of moisture.

(v) SHALL: A mandatory requirement.

(w) SINGLE SERVICE CONTAINERS: Containers and lids used in the packing of crab meat, and which are intended by the manufacturer for one time use only.

(x) SINGLE SERVICE ARTICLES: Items such as, but not limited to, plastic bags, containers, lids, wrapping materials, and similar articles which are intended by the manufacturer and generally recognized as for one usage only.

(y) UTENSIL: Any knife, container, claw breaker, or other similar item used in the storage, conveying, or processing of crab meat.

Authors: Lewis A. Byrd, Ph.D., Toni Ackerson, Nan Steedley

Ala. Admin. Code r. 420-3-15-.01

Filed September 1. 1982. Repealed and New Rule: Filed December 20, 2006; effective January 24, 2007.

Statutory Authority: Code of Ala., 1975, § 22-2-2(6), 22-20-5.