C.M.R. 01, 001, ch. 346, § 001-346-1, subsec. 001-346-1-1

Current through 2024-51, December 18, 2024

Subsection 001-346-1-1 - Definitions

The following definitions apply to the terms used in these Rules:

A. "Accredited Program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration.

B. "Administrative Meeting" means an informal meeting conducted by the Maine Department of Agriculture for the purpose of facilitating a mutually agreed upon plan of compliance for the license holder.

C. "Adulterated" has the same meaning as stated in 22 MRSA, chapter 562-A, sec.2511.

D. "Animals" means, but is not limited to, livestock as defined in 9 CFR 301, Definitions (2002), poultry as defined in 9 CFR 381.1, Definitions (2002), exotic animals as defined in 9 CFR 352.1(2002), Rabbits as defined in 9 CFR 354.1(2002), and Poultry as defined in 9 CFR 362.1(2002).

E. "Approved" means acceptable to the Department based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

F. "Aw" means water activity, which is a measure of free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol Aw.

G. "Carcass" means all or any part of a slaughtered animal, including viscera, which is capable of being used for human consumption.

H. "CFR" means the Code of Federal Regulations. Citations in this Regulation to the CFR refer sequentially to the Title, Part, and Section numbers, such as 9 CFR 306.4 refers to Title 9, Part 306, Section 4(2002).

I. "Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing. Comminuted includes meat products that are reduced in size and restructured or reformulated such as ground beef, and sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.

J. "Commissioner" means the Commissioner of Maine Department of Agriculture, Food and Rural Resources or the Commissioner's designee.

K. "Confirmed disease outbreak," means a food borne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.

L. "Consumer" means a person who is a member of the public, who takes possession of food, who is not functioning in the capacity of an operator of an establishment or processing plant and who does not offer the food for resale.

M. "Contaminant" means any foreign, chemical, radiological, or deleterious substance or matter in food.

N. "Contract Veterinarian" means a graduate of a school of veterinary medicine accredited by the American Veterinary Association who provides services for the Department under contract, and who is licensed to practice veterinary medicine in the State of Maine.

O. "Cooked," means food to which heat has been applied for preservation and/or to change the color, aroma, texture, and/or flavor of the product.

P. "Corrosion resistant material" means a material that maintains acceptable surface clean-ability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of use environment.

Q. "Critical control point" means a point of procedure in a specific food system where loss of control may result in an unacceptable health risk.

R. "Critical item or critical violation" means a provision of these Rules that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or health hazard.

S. "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical point to minimize the risk that the identified food safety hazard may occur.

T. "Cured," means meat to which specific no-meat ingredients have been incorporated by dry additions or use of aqueous solutions to affect preservation, safety, flavor, and/or color. The non-meat ingredients must include salt (sodium chloride), and most often include sodium nitrite or nitrate. In addition, sugar (sucrose) or other sweetening agents are frequently used.

U. "Custom carcass or meat" means carcasses, meat, meat food products or meat by-products that were slaughtered, dressed or otherwise processed by custom license holders.

V. "Department" means The Maine Department of Agriculture, Food and Rural Resources.

W. "Director" means the Director of the Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations, or his duly authorized representative.

X. "Disinfectant" means any oxidant, including but not limited to, chlorine, chlorine dioxide, chloramines and ozone added to water in any part of the treatment or distribution process that is intended to kill or inactivate pathogenic microorganisms.

Y. "Distressed merchandise" means any food:

1. For which the label has been lost;

2. Which has been subjected to possible damage due to accident, fire, flood, adverse weather, or to any other similar cause; or

3. Which may have been rendered unsafe or unsuitable for human or animal consumption or use.

Z. "Drinking water" means water that meets 40 CFR 141 National Primary Drinking Water Regulations, State of Maine Rules Relating to Drinking Water (Chapter 231, CMR 10-144), and 22 M.R.S.A., Chapter 601, Water for Human Consumption (1992 and Supp 2001);

1. Drinking water is known as potable water.

2. Drinking water includes the term "water", except where the term connotes that the water is not potable, such as boiler water, or mop water, rainwater, wastewater, and non-drinking water.

AA. "Easily cleanable" means a characteristic of a surface that:

1. Allows effective removal of soil by normal cleaning methods;

2. Is dependent on the material, design, construction, and installation of the surface;

3. Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

BB. "Easily moveable" means:

1. Portable; mounted on casters, gliders, or rollers; provided with a mechanical means to safely tilt a unit of equipment for cleaning; and

2. Having no utility connection, a utility connection that disconnects quickly, or a flexible utility line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

CC. "Edible" means intended for use as human food.

DD. "Employee" means the license holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in an establishment or processing plant.

EE. "EPA" means the U.S. Environmental Protection Agency.

FF. "Equipment" means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, or temperature-measuring device for ambient air.

1. Equipment does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or over wrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

GG. "Establishment" means and includes any place or any area in which meat or poultry products are displayed for sale, manufactured, processed, packed, held, or stored. This includes but is not limited to retail stores, meat and poultry slaughter, and processing plants.

HH. "Establishment number" means an official number assigned by the Commissioner to each meat and poultry establishment and included on the inspection legend and label to identify all inspected and passed carcasses, meat, meat food products, and meat by-products handled in that establishment.

II. "Exotic animal" means any reindeer, elk, deer, antelope, water buffalo, or bison.

JJ. "Federal inspection" means the meat and poultry inspection service conducted by the United States Department of Agriculture.

KK. "Federal Meat Inspection Act" means the act of congress approved March 4, 1907, as amended and extended and the imported meat provisions of subsections 306(b) and (c) of the Tariff Act of 1930, 19 U.S.C. 1306(b) and (c), as amended.

LL. "Federal Poultry Products Inspection Act" means the act of congress approved August 28, 1957, as amended by the Wholesome Poultry Products Act.

MM. "Food" means: articles used as food or drink for humans, including meat and ice intended for human consumption.

NN. "Food borne disease outbreak" means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

OO. "Food-contact surface" means a surface of equipment or a utensil with which food normally comes into contact.

PP. "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

QQ. "Game animals" means any big game animal, elk, deer, mountain sheep, wild goat, antelope, moose, or bear.

RR. "General use pesticide" has the same meaning as stated in 22 M.R.S.A. sections1471-C(11-B) (1992 supp-2001).

SS. "HACCP plan" means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.

TT. "Hazard" means a biological, chemical, or physical, property that may cause an unacceptable consumer health risk.

UU. "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:

1. The number of potential injuries; and

2. The nature, severity, and duration of the anticipated injury.

VV. "Injected" means manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat such as with juices which may be referred to as "injecting," "pinning," or "stitch Pumping."

WW. "Law" means applicable local, state, and federal statutes, rules regulations and ordinances.

XX. "License" means the document issued by the Department that authorizes a person to operate an establishment or a processing plant.

YY. "License holder" means the entity that:

1. Is legally responsible for the operation of the establishment or processing plant such as the owner, the owner's agent or other person; and

2. Possesses a valid license to operate an establishment or processing plant.

ZZ. "Maine condemned" or abbreviation thereof, means the animal so marked has been inspected and found to be in dying condition, or to be affected with any other condition or disease that would require condemnation of its carcass.

AAa. "Maine inspected and condemned" or abbreviation thereof means that the carcass, meat, meat food product, meat by-product so marked or so identified, is unwholesome or adulterated and shall be disposed of in the manner prescribed by the Commissioner.

BBb. "Maine inspected and passed" or abbreviation thereof, means that the carcass, meat, meat food product or meat by-product so marked or so identified, was at the time it was so marked or so identified found to be wholesome.

CCc. "Maine retained" means that the Commissioner or Veterinarian, to determine its disposal, holds the carcass, meat, meat food product so identified for further examination.

DDd. "Maine suspect" means that any animal so marked and identified is suspected of being affected with a disease or condition which may require its condemnation, in whole or in part, when slaughtered, and is subject to further examination by the Commissioner or Veterinarian to determine its disposal.

EEe. "Manufactured" means meat which has been processed by curing, smoking, canning, cooking, freezing, dehydration, production of intermediate moisture products, and/or the use of certain additives, chemicals, and enzymes, into a product different from the starting raw material. This definition shall not include simple grinding, cutting, or mixing

FFf. "Meat" has the meaning as stated in 22 M.R.S.A., chapter 562-A, section 2511(27) (1992 and supp. 2001).

GGg. "Misbranding" has the meaning stated in 22 M.R.S.A., chapter 562-A, section 2511(29) (1992 and supp. 2001)

HHh. "Non-salvageable merchandise" means distressed merchandise, which cannot be safely or practically reconditioned.

IIi. "Official establishment" means any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishments at which inspection is maintained under the authority of the Department and these Rules.

JJj. "Official inspection legend" means any inspection symbol prescribed by the Commissioner showing that an article was inspected and passed in accordance with these Rules.

KKk. "Official inspection mark" means any symbol prescribed by the Commissioner for the purpose of identifying the inspection status of any article so inspected.

LLl. "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in an establishment or processing plant.

MMm. "Perishable" means there exists a significant risk of spoilage or deterioration when a product has not been properly refrigerated or handled.

NNn. "Person" means an individual, partnership, corporation, association, other legal entity, government, or governmental subdivision or entity.

OOo. "Person in charge" means the individual present, that has been designated in writing by the owner, at an establishment or processing plant who is responsible for the operation at the time of inspection.

PPp. "Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and which are used to maintain or enhance a person's health, hygiene, or appearance.

QQq. "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero and seven indicate acidity and values between seven and fourteen indicate alkalinity.

RRr. "Physical facilities" means the structure and interior surfaces of an establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

SSs. "Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices and appurtenances within the premises; and water treating equipment.

TTt. "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in the following four categories:

1. Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, polishes, and other chemicals;

2. Pesticides except sanitizers, which include substances such as insecticides and rodenticides;

3. Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health; and

4. Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

UUu. "Potentially hazardous food" means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms.

VVv. "Poultry'" means any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs, also termed young flightless pigeons), whether live or dead, as defined in 9 CFR 381, Poultry Products Inspection Regulations, (2002); and

1. "Poultry'" means any migratory water fowl or game bird, whether dead or alive, as defined in 9 CFR 362, Voluntary Poultry Inspection Program, (2002).

WWw. "Premises" means a physical facility, its contents, and the contiguous land or property under the control of the license holder.

XXx. "Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.

YYy. "Processed" as applied to meat products means fresh meat, which has been altered to affect preservation and or manufacture of meat products, except for simple grinding, cutting, or mixing. This includes curing, smoking, canning, cooking, freezing, dehydration, production of intermediate moisture products and the use of certain additives, chemicals, or enzymes. Processed does not include otherwise unprocessed meats that are sold in a frozen state.

ZZz. "Processing Plant" means a commercial plant that manufactures, packages, or labels food for human consumption and may provide food directly to a consumer.

AAaa. "Ratite" means a group of flightless birds including ostriches, cassowaries, kiwis, emus, etc., having undeveloped wings and a breastbone without a keel.

BBbb. "Ready-to-eat food" means food that is in a form that is edible without washing, cooking, or additional preparation by the establishment or the consumer and that is reasonably expected to be consumed in that form.

CCcc. "Reconditioning," means any appropriate process or procedure by which distressed merchandise can be brought into compliance with the standards of the Department for consumption or use by the public.

DDdd. "Restricted use pesticide" shall have the same meaning as stated in 22 MRSA, section1471-C(23) (1992 and supp. 2001).

EEee. "Safe materials" means an article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food.

FFff. "Salvaged merchandise," means distressed merchandise that has been reconditioned.

GGgg. "Sanitation" means the application of cumulative heat or chemicals on clean food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a ninety nine and nine hundred ninety nine thousandths percent reduction, of representative disease microorganisms of public health importance.

HHhh. "Sealed" means free of cracks or other openings that allow the entry or passage of moisture.

IIii. "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

JJjj. "Shipping container or outside container" means the box, bag, barrel, crate, or other receptacle or covering enclosing any product packed in one or more immediate or true containers.

KKkk. "Slacking" means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -10 degrees F. to 25 degrees F.

LLll. "Slaughterhouse" shall include all buildings, structures and facilities used in the slaughtering or dressing of animals for human consumption.

MMmm. "Smooth" means:

1. A food contact surface that has a surface free of pits and inclusions with a cleanability equal to or exceeding that of one hundred grit number three stainless steel;

2. A non-food contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and

3. A floor, wall, or ceiling having an even or level surface with no roughness or projections that renders it difficult to clean.

NNnn. "Table mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

OOoo. "Temperature measuring device" means a thermometer, thermocouple, or other device that indicates the temperature of food, air, or water.

PPpp. "Unwholesome" means any animal, or carcass, meat, meat food product which:

1. Is unsound, injurious to health, contains any biological residue not permitted under these rules, or is otherwise unfit for human consumption;

2. Consists in whole or in part of any filthy, putrid, or decomposed substance;

3. Was processed, prepared, packed, or held under unsanitary conditions so that the same may have become contaminated or may have become injurious to health or;

4. Was produced, in whole or in part, from animals that died other than by slaughter.

QQqq. "USDA" means the United States Department of Agriculture.

RRrr. "Variance" means a written document issued by the Maine Department of Agriculture that authorizes a modification or waiver of one or more requirements of these Rules if, in the opinion of the Department, a health hazard or nuisance will not result from the modification or waiver.

SSss. "Ware-washing," means the cleaning and sanitizing of food contact surfaces of equipment and utensils.

TTtt. "Whole muscle intact beef" means any whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beefsteaks may be cut.

UUuu. "Wholesome" means sound, healthful, clean and otherwise fit for human consumption.

C.M.R. 01, 001, ch. 346, § 001-346-1, subsec. 001-346-1-1