Ala. Admin. Code r. 420-3-18-.03

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

Section 420-3-18-.03 - Definitions

In addition to the terms defined by adoption in 420-3-18-.09(1) and listed in the document entitled National Shellfish Sanitation Program Model Ordinance, 2017 Revision, the following definitions also apply in the application and enforcement of these rules:

(1)"Adulterated" means

(a) any shellfish harvested from waters that are unclassified or classified as "closed," "prohibited," "restricted," or "conditionally restricted," except as expressly permitted by the State Health Department for relaying or research projects;

(b) any shellfish shucked, packed, or otherwise processed in an establishment which has not been permitted by the State Health Department in accordance with the requirements of these rules;

(c) any shellfish contaminated as determined by microbiological or other analysis; any shellfish consisting in whole or in part of any filthy, putrid, or decomposed substance, or otherwise unfit for food; any shellfish prepared, packed, or held under insanitary conditions where it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or

(d) any shellfish that is not maintained under temperature control or that is not refrigerated as required by these rules.

(2)"Approved" means acceptable to the State Health Officer based on his/her determination as to conformance with appropriate rules, regulations and good public health practices.

(3)"Board" means the Board of Health of the State of Alabama as constituted by Section 22-2-1, Code of Ala. 1975, or the State Health Officer or his/her designee, when acting for the Board. For the purpose of these rules, the designee is the Division of Food, Milk, and Lodging of the State Health Department's Bureau of Environmental Services.

(4)"Interstate commerce" means the movement of shellstock or shellfish across state or international borders; or the intent to continue movement within a state that originated from another state or country.

(5)"Key employee" means the permittee, individual(s) having supervisory or management duties, or the most responsible person(s) working in a shellfish processing facility.

(6)"Permittee" means the person(s) legally responsible for the operation of the shellfish processing facility.

(7)"Refrigerated" means mechanically refrigerated containers or conveyances which are equipped with automatic controls and capable of maintaining the ambient air in the storage area at temperatures of 45° Fahrenheit (7.2° Centigrade) or less.

(8)"Repacker" means any person, other than the original certified shucker-packer, who repackages shucked shellfish into other containers. A repacker may also repack and ship shellstock. A repacker shall not shuck shellfish.

(9)"Repeat deficiency" means a deficiency that has been noted on the inspection report form for the same facility during the prior inspection.

(10)"Seafood processing facility" means any place where fish or fishery products are handled, unloaded, stored, transported, frozen, prepared, changed into different market form, manufactured, preserved, packed, or labeled.

(11)"Seed shellstock" means shellstock that is less than 25 millimeters in diameter measured from hinge to bill.

(12) "Shellfish processing facility" means any place where shellfish or shellfish products are handled, unloaded, stored, transported, shucked, frozen, prepared, changed into different market form, manufactured, preserved, packed, or labeled.

(13)"State Health Department" means the Alabama Department of Public Health as defined by Section 22-1-1, Code of Ala. 1975, and any officer, agent, or employee of the department authorized to act for the department with respect to the enforcement and administration of these rules.

(14)"State Health Officer" means the State Health Officer of the State of Alabama Department of Public Health or a County Health Officer as provided in Code of Ala. 1975, Sections 22-2-8 and 22-3-4; or his/her authorized representatives and any officer or agent or employee of the department authorized to act for the department with respect to the enforcement and administration of these rules.

(15)"Unclassified Area" means waters that are presently unclassified and from which the harvest of shellfish is prohibited pending classification of the area as prohibited, restricted, conditionally approved, or approved based on a sanitary survey of the area.

Ala. Admin. Code r. 420-3-18-.03

Repealed and New Rule: Filed November 20, 2003; effective December 25, 2003. Amended: Filed July 23, 2012; effective August 27, 2012.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 01, October 30, 2020, eff. 12/14/2020.

Authors: Lewis A. Byrd, Ph.D., Christine Collins, Jeff McCool,

Greg Dunn, Byron Webb

Statutory Authority:Code of Ala. 1975, §§ 9-12-126, 22-2-2(6), 22-20-5.