La. Admin. Code tit. 7 § V-1203

Current through Register Vol. 50, No. 11, November 20, 2024
Section V-1203 - Definitions
A. The definitions set forth in R.S. 3:921 are applicable to this Chapter, except where specifically defined herein.
B. The following words and terms are defined for the purposes of this Chapter.

Adequate-that which is needed to accomplish the intended purpose consistent with good public health practice.

Adequately Reduce Microorganisms of Public Health Significance-reduce the presence of such microorganisms to an extent sufficient to prevent illness.

Agricultural Tea-a water extract of biological materials (such as stabilized compost, manure, non-fecal animal byproducts, peat moss, pre-consumer vegetative waste, table waste, or yard trimmings), excluding any form of human waste, produced to transfer microbial biomass, fine particulate organic matter, and soluble chemical components into an aqueous phase. Agricultural teas are held for longer than one hour before application. Agricultural teas are soil amendments for the purposes of this rule.

Agricultural Tea Additive-a nutrient source (such as molasses, yeast extract, or algal powder) added to agricultural tea to increase microbial biomass.

Agricultural Water-water used in covered activities on covered produce where water is intended to, or is likely to, contact covered produce or food contact surfaces, including water used in growing activities (including irrigation water applied using direct water application methods, water used for preparing crop sprays, and water used for growing sprouts) and in harvesting, packing, and holding activities (including water used for washing or cooling harvested produce and water used for preventing dehydration of covered produce).

Animal Excreta-solid or liquid animal waste.

Application Interval-the time interval between application of an agricultural input (such as a biological soil amendment of animal origin) to a growing area and harvest of covered produce from the growing area where the agricultural input was applied.

Biological Soil Amendment-any soil amendment containing biological materials such as stabilized compost, manure, non-fecal animal byproducts, peat moss, preconsumer vegetative waste, sewage sludge biosolids, table waste, agricultural tea, or yard trimmings, alone or in combination.

Biological Soil Amendment of Animal Origin-a biological soil amendment which consists, in whole or in part, of materials of animal origin, such as manure or non-fecal animal byproducts including animal mortalities, or table waste, alone or in combination. The term "biological soil amendment of animal origin" does not include any form of human waste.

Commissioner-the Commissioner of Agriculture and Forestry.

Composting-a process to produce stabilized compost in which organic material is decomposed by the actions of microorganisms under thermophilic conditions for a designated period of time at a designated temperature, followed by a curing stage under cooler conditions.

Covered Activity-growing, harvesting, packing, or holding covered produce on a farm. Covered activity includes the manufacturing or processing of covered produce on a farm, but only to the extent that such activities are performed on raw agricultural commodities and such activities are within the meaning of "farm" as defined in this Chapter. Providing, acting consistently with, and documenting actions taken in compliance with written assurances as described in 21 CFR § 112.2(b) are also covered activities. This definition does not apply to activities of a facility that are subject to 21 CFR 110.

Covered Produce-produce that is subject to the requirements of this Chapter in accordance with 21 CFR §§ 112.1 and 112.2. The term "covered produce" refers to the harvestable or harvested part of the crop.

Covered Produce Farm-any farm engaged in the growing, harvesting, packing, or holding of produce for human consumption which is subject to the requirements of the FDA Food Safety Modernization Act, 21 CFR § 112.4, but shall not include farms that have twenty-five thousand dollars or less of gross income from sales of produce in a year.

Curing-the final stage of composting, which is conducted after much of the readily metabolized biological material has been decomposed, at cooler temperatures than those in the thermophilic phase of composting, to further reduce pathogens, promote further decomposition of cellulose and lignin, and stabilize composition. Curing may or may not involve insulation, depending on environmental conditions.

Department-the Louisiana Department of Agriculture and Forestry.

Food-food as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act, 21 USC 321 et seq., and includes seeds and beans used to grow sprouts.

Food Contact Surfaces-those surfaces that contact human food and those surfaces from which drainage or other transfer onto the food or onto surfaces that contact the food ordinarily occur during the normal course of operations. "Food contact surfaces" includes food contact surfaces of equipment and tools used during the harvest, packing, and holding of food and food products.

Fruit-the edible reproductive body of a seed, plant, or tree nut. "Fruit" means the harvestable or harvested part of a plant developed from a flower.

Harvesting-activities that are traditionally performed on farms for the purpose of removing raw agricultural commodities from the place they were grown or raised and preparing them for use as food. Harvesting is limited to activities performed on raw agricultural commodities, or on processed foods created by drying/dehydrating a raw agricultural commodity without additional manufacturing or processing, on a farm. "Harvesting" does not include activities that transform a raw agricultural commodity into a processed food as defined in Section 201(gg) of the Federal Food, Drug, and Cosmetic Act, 21 USC § 321 et seq. The process of harvesting includes, but is not limited to the following: cutting (or otherwise separating) the edible portion of the raw agricultural commodity from the crop plant and removing or trimming part of the raw agricultural commodity; cooling; field coring; filtering; gathering; hulling; removing stems and husks from; shelling; sifting; threshing; trimming of outer leaves of; and washing raw agricultural commodities grown on a farm.

Hazard-any biological agent that has the potential to cause illness or injury in the absence of its control.

Holding-the storage of food and activities performed incidental to the storage of a food. "Holding" also includes activities performed as a practical necessity for the distribution of food, but does not include activities that transform a raw agricultural commodity into a processed food as defined in Section 201(gg) of the Federal Food, Drug, and Cosmetic Act. Holding facilities could include warehouses, cold storage facilities, storage silos, grain elevators, and liquid storage tanks.

Known or Reasonably Foreseeable Hazard-a biological hazard that is known to be, or has the potential to be, associated with the farm or the food.

Large Business-For the purpose of this Chapter, a farm is a large business if it is subject to any of the requirements of this Chapter and, on a rolling basis, the average annual monetary value of produce you sold during the previous 3-year period exceeds $500,000; and the farm is not eligible for a qualified exemption.

Manufacturing/Processing-making food from one or more ingredients, or synthesizing, preparing, treating, modifying or manipulating food, including food crops or ingredients. Manufacturing/processing activities include, but are not limited to the following: baking, boiling, bottling, canning, cooking, cooling, cutting, distilling, drying/dehydrating raw agricultural commodities to create a distinct commodity, evaporating, eviscerating, extracting juice, formulating, freezing, grinding, homogenizing, labeling, milling, mixing, packaging (including modified atmosphere packaging), pasteurizing, peeling, rendering, treating to manipulate ripening, trimming, washing, or waxing. For farms and farm mixed-type facilities, manufacturing/processing does not include activities that are part of harvesting, packing, or holding.

Manure-animal excreta, alone or in combination with litter for use as a soil amendment.

Microorganisms-yeasts, molds, bacteria, viruses, protozoa, and microscopic parasites including species having public health significance. The term "undesirable microorganisms" includes those microorganisms that are of public health significance, that subject food to decomposition, that indicate that food is contaminated with filth, or that otherwise may cause food to be adulterated.

Mixed-Type Facility-an establishment that engages in both activities that are exempt from registration under Section 415 of the Federal Food, Drug, and Cosmetic Act and activities that require the establishment to be registered.

Monitor-to conduct a planned sequence of observations or measurements to assess whether a process, point, or procedure is under control and, when required, to produce an accurate record of the observation or measurement.

Non-Fecal Animal Byproduct-solid waste (other than manure) that is animal in origin including, but not limited to, meat, fat, dairy products, eggs, carcasses, blood meal, bone meal, fish meal, shellfish waste, fish emulsions, and offal, and is generated by commercial, institutional, or agricultural operations.

Packing-placing food into a container, other than packaging, the food and o includes activities performed incidental to packing a food such as sorting, culling, grading, and weighing or conveying incidental to packing or repacking, but does not include activities that transform a raw agricultural commodity, as defined in Section 201(r) of the Federal Food, Drug, and Cosmetic Act, into a processed food as defined in Section 201(gg) of the Federal Food, Drug, and Cosmetic Act.

Pest-any objectionable animals or insects, including, but not limited to, birds, rodents, flies, and larvae.

Pre-Consumer Vegetative Waste-solid waste that is purely vegetative in origin, not considered yard trash, and derived from commercial, institutional, or agricultural operations without coming in contact with animal products, byproducts or manure, or with an end user (consumer). "Preconsumer vegetative waste" includes material generated by farms, packing houses, canning operations, wholesale distribution centers and grocery stores; products that have been removed from their packaging (such as out-of-date juice, vegetables, condiments, and bread); and associated packaging that is vegetative in origin (such as paper or cornstarch based products). "Pre-consumer vegetative waste" does not include table waste, packaging that has come in contact with materials (such as meat) that are not vegetative in origin, or any waste generated by restaurants.

Primary Production Farm-an operation under one management in one general (but not necessarily contiguous) physical location devoted to the growing of crops, the harvesting of crops, the raising of animals including seafood, or any combination of these activities. The term "farm" includes operations that, in addition to the aforementioned activities, also:

a. pack or hold raw agricultural commodities;
b. pack or hold processed food, provided that all processed food used in such activities is either consumed on that farm or another farm under the same management, or is processed food identified in paragraph (i)(C)(2)(i) of this definition; and
c. manufacture/process food, provided that:
i. all food used in such activities is consumed on that farm or another farm under the same management; or
ii. any manufacturing/processing of food that is not consumed on that farm or another farm under the same management consists only of:
(a). drying/dehydrating raw agricultural commodities to create a distinct commodity, and packaging and labeling such commodities, without requiring additional manufacturing/processing;
(b). treatment to manipulate the ripening of raw agricultural commodities, and packaging and labeling treated raw agricultural commodities, without requiring additional manufacturing/processing; and
(c). packaging and labeling raw agricultural commodities, when these activities do not involve additional manufacturing/processing.

Produce-any fruit or vegetable, which may include mixes of intact fruits and vegetables. "Produce" also includes, but not is limited to, mushrooms, sprouts, peanuts, tree nuts, and herbs. Produce does not include food grains meaning the small, hard fruits or seeds of arable crops, or the crops bearing these fruits or seeds, that are primarily grown and processed for use as meal, flour, baked goods, cereals and oils rather than for direct consumption as small, hard fruits or seeds.

Qualified End-User-a consumer of food (where the term consumer does not include a business); or a restaurant or retail food establishment, as defined in 21 CFR § 1.227, that is located:

a. in the same state or the same Indian reservation as the farm that produced the food; or
b. not more than 275 miles from such farm.

Raw Agricultural Commodity (RAC)-"raw agricultural commodity" as defined in Section 201(r) of the Federal Food, Drug, and Cosmetic Act.

Sanitize-to adequately treat cleaned surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.

Secondary Activities Farm-an operation, which is not located on a primary production farm, devoted to harvesting, packing, and/or holding of raw agricultural commodities, provided that the primary production farm(s) that grows, harvests, and/or raises the majority of the raw agricultural commodities harvested, packed, and/or held by the secondary activities farm owns, or jointly owns, a majority interest in the secondary activities farm. A "secondary activities farm" may also conduct those additional activities allowed on a primary production farm as set forth in 21 CFR § 1.227.

Sewage Sludge Biosolids-the solid or semi-solid residue generated during the treatment of domestic sewage in a treatment works within the meaning of the definition of "sewage sludge" set forth in 40 CFR 503.9.

Small Business-for the purpose of this Chapter, a farm is a small business if it is subject to any of the requirements of this Chapter and, on a rolling basis, the average annual monetary value of produce sold during the previous 3-year period is no more than $500,000, and the farm is not a "very small business" as defined in this Section.

Soil Amendment-any chemical, biological, or physical material intentionally added to the soil to improve the chemical or physical condition of soil in relation to plant growth or to improve the capacity of the soil to hold water. The term "soil amendment" also includes growth media that serve as the entire substrate during the growth of covered produce.

Stabilized Compost-a stabilized (i.e., finished) biological soil amendment produced through a controlled composting process.

Static Composting-a process to produce stabilized compost in which air is introduced into biological material, in a pile or row, that may or may not be covered with insulating material, or in an enclosed vessel by a mechanism that does not include turning.

Table Waste-any post-consumer food waste, irrespective of whether the source material is animal or vegetative in origin, derived from individuals, institutions, restaurants, retail operations, or other sources where the food has been served to a consumer.

Turned Composting-a process to produce stabilized compost in which air is introduced into biological material, in a pile, row, or enclosed vessel, by turning on a regular basis. Turning is the process of mechanically mixing biological material that is undergoing a composting process with the specific intent of moving the outer, cooler sections of the material being composted to the inner, hotter sections.

Vegetable-the harvestable or harvested part of any plant or fungus whose fruit, fleshy fruiting bodies, seeds, roots, tubers, bulbs, stems, leaves, or flower parts are used as food and includes mushrooms, sprouts, and herbs.

Very Small Business-any farm that is subject to any of the requirements of this Chapter and, on a rolling basis, the average annual monetary value of produce sold during the previous 3-year period is no more than $250,000.

Visitor-any person, other than personnel, who enters a covered farm with permission.

Water Distribution System-a system to carry water from its primary source to its point of use. A "water distribution system" may include pipes, sprinklers, irrigation canals, pumps, valves, storage tanks, reservoirs, meters, and fittings.

Yard Trimmings-purely vegetative matter resulting from landscaping maintenance or land clearing operations, including materials such as tree and shrub trimmings, grass clippings, palm fronds, trees, tree stumps, untreated lumber, untreated wooden pallets, and associated rocks and soils.

La. Admin. Code tit. 7, § V-1203

Promulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 48394 (3/1/2022).
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:921, 922, and 923.