W. Va. Code R. § 61-23B-3

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

Section 61-23B-3 - Definitions

3.1. In addition to definitions contained in the definition section of the Model Ordinance the following words and terms, when used in this rule, have the following meaning unless the context clearly indicates otherwise.

3.1.a. "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.

3.1.b. "Commissioner" or "commissioner" means the Commissioner of the West Virginia Department of Agriculture or his or her designee.

3.1.c. "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.

3.1.d. "Food Safety Hazard" means any biological, chemical, or physical property that may cause a food to be unsafe for human consumption.

3.1.e. "ISSC" means the Interstate Shellfish Sanitation Conference.

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

3.1.g. "Shellfish" means all species of:

3.1.g.1. Oysters, clams, or mussels, whether;

3.1.g.1.A. Shucked or in the shell;

3.1.g.1.B. Raw, including post-harvest processed;

3.1.g.1.C. Frozen or unfrozen;

3.1.g.1.D. Whole or in part; and

3.1.g.2. Scallops in any form, except when the final product form is the adductor muscle only.

3.1.h. "Wholesale" means any sale to any other person than the ultimate consumer or his or her family.

W. Va. Code R. § 61-23B-3