La. Admin. Code tit. 51 § VI-101

Current through Register Vol. 50, No. 4, April 20, 2024
Section VI-101 - Definitions [formerly paragraph 6:001]
A. Unless otherwise specifically provided herein, the following words and terms used in this Chapter of the Sanitary Code, and all other Chapters which are adopted or may be adopted, are defined for the purposes thereof as follows.

Adulterated Foods, Filth, and Contamination-are defined in R.S. 40:607.

Advertisement-includes all representations of fact or opinion disseminated to the public in any manner or by any means other than by the labeling.

Bakery-any establishment operating to manufacture any bread or bread products, pies, cakes, cookies, crackers, doughnuts, or other similar products.

CCP-see Critical Control Point.

Confirmed Positive Test Result -any result obtained from a laboratory test of an ingredient, equipment, container, or finished product that indicates the presence of an adulterant, as defined by R.S. 40:607 et seq., in excess of any tolerance specified in state or federal law or regulations.

Control-to manage the conditions of an operation to maintain compliance with established criteria, control also means that correct procedures are being followed and criteria are being met.

Control Measure-any action or activity that can be used to prevent, eliminate, or reduce a significant hazard that is managed as a critical control point.

Control Point-any step at which biological, chemical or physical factors can be controlled.

Corrective Action-procedures followed when a deviation occurs.

Cosmetic-includes all substances and preparations intended for cleansing, altering the appearance of, or promoting the attractiveness of a person. The term includes soaps only when medicinal or curative qualities are claimed by the use thereof.

Critical Control Point (CCP)-a step at which control can be applied and is essential to prevent or eliminate a food, drug, or cosmetic safety hazard or reduce it to an acceptable level.

Critical Limit-the value(s) to which a biological, chemical or physical parameter must be controlled at a CCP to prevent, eliminate or reduce to an acceptable level the occurrence of a food, drug, or cosmetic safety hazard.

Dba-the actual or juridical person whose name and address appear on the label of a product as the responsible party for said product.

Deviation-a failure to meet a critical limit.

Device-includes all substances and preparations intended for use in diagnosis, treatment or prevention of disease in man or beast, or intended to affect the structure of any function of the body.

Drug-includes all substances and preparations recognized in the official compendium, as herein defined. It includes all substances and preparations intended for use in the diagnosis, treatment or prevention of disease in man or beast, and all substances and preparations, other than food and cosmetics, intended to affect the structure or any function of the body.

Factory-any establishment operating to manufacture, process, can, bottle, pack, or hold any food, drug or cosmetic unless covered by other specific provisions of this state sanitary code.

Food-includes all substances and preparations used for, or entering into the composition of food, drink, confectionery, chewing gum, condiment, for consumption by humans or other animals and includes water and alcoholic beverages.

Food Processing Plant-a commercial operation that manufactures food for human consumption and does not provide food directly to a consumer from that location. Such term shall not include a commercial operation that produces raw agricultural commodities and whose end product remains a raw agricultural product.

GMP-see good manufacturing practices.

Good Manufacturing Practices-practices, methods, and controls used in the manufacturing, processing, packing or holding of foods, drugs or cosmetics that comply with the requirements in this Part and for foods, with 21 CFR 110.10, 110.19, 110.20, 110.35, 110.37, 110.40, 110.80, and 110.93, to assure that foods, drugs or cosmetics for human consumption or use are safe and have been prepared, packed and held under sanitary conditions.

HAACP-see hazard analysis critical control point.

HAACP Plan-the written document which is based upon the principles of HACCP and which delineates the procedures to be followed.

HACCP System-the implemented HACCP plan and pre-requisite programs including any other applicable requirements.

Hazard-a biological, chemical, radiological or physical agent that is reasonably likely to cause illness or injury in the absence of its control.

Hazard Analysis Critical Control Point (HAACP)-a systematic approach to the identification, evaluation and control of significant food, drug, or cosmetic safety hazards.

Label-the principal display or displays of written, printed or graphic matter upon any food, drug device, or cosmetic, or the immediate container, thereof, or upon the outside container or wrapper, if any, of the retail package of any food, drug, device or cosmetic.

Labeling-includes all labels and other written, printed and graphic matter in any form whatsoever, accompanying any food, drug, device or cosmetic.

LSPC-Louisiana State Plumbing Code, i.e., Part XIV (Plumbing) of this Code (LAC 51:XIV).

Manufacturing Confectionary-any establishment operating to manufacture any candy, either plain, chocolate or chocolate coated, mixed with nuts, fruits, or other fillers, covered with chocolate or other coatings and shaped, molded or formed in various shapes.

Medical Opinion-the opinion, within their respective fields, of the practitioners of any branch of the medical profession, the practice of which is licensed by law in this state.

Monitor-to conduct a planned sequence of observations or measurements to assess whether a CCP is under control or to assess the conditions and practices of all required Pre-Requisite Programs (PPs) and to produce an accurate record for future use in verification.

Offal-waste parts, especially of a butchered animal, including but not limited to bones, cartilage, fatty tissue and gristle.

Out-of-State Soft Drink-those items meeting the definition of soft drink in §1101. A of this Part and bearing a dba statement whose address is outside of the state of Louisiana.

Patent or Proprietary Medicine-trademarks, registered or unregistered, consisting of word or words, device, symbol, brand or logo which serves to designate the source or origin of the drug or drug product.

Plant-the building or buildings or plants thereof, used for or in connection with the manufacturing, processing, packaging, labeling, or holding of food products.

PP-see Pre-Requisite Program.

Pre-Requisite Program (PP)-procedures, including good manufacturing practices, that address operational conditions providing the foundation for the HACCP system.

Product Category-classification of products subject to registration into one of five groups: milk and dairy products (M), seafood products (S), other foods and beverages (F), drugs (D), cosmetics (C), or prophylactics (P). These categories are exclusive of items defined as out-of-state soft drinks.

Sanitize-adequate treatment of surfaces by a process that will destroy vegetative cells of pathogenic bacteria and will substantially reduce other microorganisms. Such treatment shall not adversely affect products and shall be safe and non-toxic.

Scientific Opinion-the opinion, within their respective fields, of competent pharmacologists, physiologists or toxicologists. [R.S. 40:602 (12)]

State Health Officer-the legally appointed or acting State Health Officer of the Department of Health and Hospitals having jurisdiction over the entire state of Louisiana, and includes his/her duly authorized representative in accordance with R.S. 40:4 and 40:5.

Validation-the element of verification focused on collecting and evaluating scientific and technical information to determine whether the HACCP plan, when properly implemented, will effectively control the hazards.

Verification-those activities, other than monitoring, that determine the validity of the HACCP plan and that the system is operating according to the plan.

La. Admin. Code tit. 51, § VI-101

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1230 (June 2002), amended LR 36:2283 (October 2010), amended LR 38:2791 (November 2012), amended LR 401943 (10/1/2014).
AUTHORITY NOTE: The first source of authority for promulgation of the sanitary code is in R.S. 36:258(B), with more particular provisions found in Chapters 1 and 4 of Title 40 of the Louisiana Revised Statutes. This Part is promulgated in accordance with R.S. 40:4(A)(1)(a) and R.S. 40:5(2)(3)(5)(8)(15)(17)(19)(21). Also see R.S. 40:601 et seq.