W. Va. Code R. § 61-23A-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-23A-3 - Definitions

3.1. "Adulterated" means a fish or fishery product carries or contains any poisonous or deleterious substance or compound or pathogen in a quantity that may render it injurious to human health; was produced, processed, transported or held under unsanitary conditions; was treated with or exposed to chemicals, chemotherapeutics (drugs), heavy metals, pesticides, temperatures or any conditions in a manner that violates this rule; or was not produced according to an approved Hazard Analysis Critical Control Point (HACCP) plan.

3.2. "Aquaculture" means the commercial production of fish or other aquatic life.

3.3. "Commissioner" means the Commissioner of Agriculture or his or her designee.

3.4. "Establishment number" means an official number assigned by the commissioner to each fish processing plant and included on the label or container of all fishery products produced by that plant.

3.5. "Fish" means fresh or saltwater finfish, crustaceans, and other forms of aquatic life (including but not limited to, alligators, frogs, aquatic turtles, jellyfishes, and sea urchins and the roe of those animals) other than birds or mammals, and mollusks, where the animal life is intended for human consumption.

3.6. "Fishery Product" means any human food product in which fish is a characterizing ingredient.

3.7. "Food safety hazard" means any biological, chemical, or physical property that may cause a food to be unsafe for human consumption.

3.8. "Lot number" means a legible and permanently marked number on each container of cooked ready-to-eat and smoked fishery products which identifies the date the product was packaged.

3.9. "Modified atmosphere-packaging" means the food-packaging technique in which the air in the package or container is replaced by one or more gases, in various concentrations, before sealing. The purpose of this type of packaging is to extend the refrigerated shelf life of the product by limiting microbial growth or detrimental chang­es in the food.

3.10. "Official Sample" means any sample of water, soil, fish, feed, drugs, pesticides, other ingredients, containers and/or products taken by the commissioner in accordance with this rule.

3.11. "Processing" means handling, storing, heading, gutting, shucking, freezing, changing into different market forms, manufacturing, preserving, packing, labeling, or holding. This definition does not apply to the operation of a retail establishment.

3.12. "Sanitary Zone" means a separation of operations by location, partition, air flow, or enclosed systems.

3.13. "Risk Assessment Basis" means considering grades from past inspections, violations, trends, conditions, observations and other information to estimate the likelihood of a danger or safety hazard occurring and to determine the frequency and priority of future inspections.

3.14. "Smoked or smoke-flavored fishery products" means the finished food prepared by:

(1) Treating fish with salt (sodium chloride), and

(2) Subjecting it to the direct action of smoke from burning wood, sawdust, or a similar material and/or imparting to it the flavor of smoke by a means such as immersing it in a solution of wood smoke.

3.15. "Vacuum-packaged" means the food-packaging technique in which air in a package is removed before sealing.

3.16. "Water-phase salt content" means the percent salt(sodium chloride)in the finished product as determined by the method of analysis for water-phase salt content on the "Official Methods of Analysis of the Association of Official Analytical Chemists,"

3.17. "Wholesome" means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.

W. Va. Code R. § 61-23A-3