N.J. Admin. Code § 8:21-13.3
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practices.
"Adulteration" means the term "adulteration" as defined in N.J.S.A. 24:5-8.
"Approved" shall mean acceptable to the Department, Local Health Authority, or other appropriate Administrative Agency based on its determination as to the conformance with applicable standards and good public health practices.
"Color additive" means a material which is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source, and when added or applied to a food, drug, or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that the term does not include any material which the Commissioner, by regulation, determines is used (or is intended to be used) solely for a purpose or purposes other than coloring and nothing herein contained shall be construed to apply to any pesticide chemical, soil, or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether before or after harvest. The term "color" includes black, white, and intermediate grays.
"Department" means the New Jersey State Department of Health.
"Federal Act" means the Federal Food, Drug and Cosmetic Act (Title 21, U.S.C. 301 et seq.: 52 Stat. 1040 et seq.).
"Food" means:
1. Articles used for food or drink for man or other animals;
2. Chewing gum; and
3. Articles used for components of any such article.
The term also includes any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part of food.
"Food additive" means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case of a substance used in food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use; except that the term does not include:
1. A pesticide chemical in or on a raw agricultural commodity; or
2. A pesticide chemical to the extent that it is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity; or
3. A color additive; or
4. Any substance used in accordance with a sanction or approval granted prior to the enactment of this paragraph pursuant to this Act, the Poultry Products Inspection Act (21 U.S.C. 451 and the following) or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. 71) .
"Food contact surfaces" are those surfaces that contact food and those surfaces from which drainage onto foods or onto surfaces that contact food ordinarily occurs during the normal course of operations.
"Local Health Authority" means the local board or local board of health of any municipality or the boards, body, or officers in such a municipality lawfully exercising any of the powers of the local board of health under the laws governing such municipality, and includes any consolidated board of health, local or county board of health created and established pursuant to law.
"Lot" means a collection of primary containers or units of the same size, type, and style containing a finished product produced under conditions as nearly uniform as possible and designated by a common container, code or marking; and, in any event, "lot" means no more than a day's production or 24 hours.
"Misbranding" means the "misbranded" or "misbranding" as defined in N.J.S.A. 24:5-16 and 17.
"Multiservice containers" means containers intended for use more than one time.
"Nonalcoholic drink" means beverages as defined under N.J.S.A. 24:12-1.
"Nontoxic materials" means materials for food contact surfaces utilized in the transporting, processing, storing, or packaging of food which are free of substances which may render the food injurious to health or which may adversely affect the flavor, color, odor, or bacteriological quality of the food.
"Person" means an individual, a firm, partnership, company, corporation, trustee, association, or any public or private entity.
"Pesticide chemical" means any substance which, alone, in chemical combination or in formulation with one or more other substances, is a "pesticide" within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135) as now in force or as hereafter amended, and which is used in the production, storage, or transportation of raw agricultural commodities.
"Plant" means the building or facility or parts thereof, used for or in connection with the manufacturing, storage, processing, packaging, labeling, or handling of food and nonalcoholic drinks which is not sold or distributed directly to the ultimate consumer (retail).
"Potentially hazardous food" means any food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs, or foods which have a pH level of 4.6 or below or a water activity (a[w]) value of 0.85 or less.
"Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.
"Rework" means clean unadulterated product, removed after or during processing, that is suitable for reprocessing and for use as food.
"Safe temperatures", as applied to potentially hazardous food, means temperatures of 45 degrees Fahrenheit or below, and 140 degrees Fahrenheit or above unless otherwise specified, and 0 degrees Fahrenheit or below for frozen foods.
"Sanitize" means adequate treatment of surfaces by a process that is effective in destroying the vegetative cell of microorganisms of public health significance and in substantially reducing numbers of other microorganisms. Such treatment shall not adversely affect the product and shall be safe for the consumer.
"Single service container" means a container intended for one-time usage only.
N.J. Admin. Code § 8:21-13.3
See: 22 New Jersey Register 2465(a), 22 New Jersey Register 3559(a).
Definitions recodified from 13.2; nonalcoholic drink added; text on facilities for storage, distribution, etc. recodified to 13.4.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2191(a).