Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 725 - SALVAGE WAREHOUSES AND STORES FOR FOODS, ALCOHOLIC LIQUORS, DRUGS, MEDICAL DEVICES AND COSMETICS CODE › Section 725.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions and interpretations contained in Section 201 of
				the Federal Food, Drug and Cosmetic Act (
				21
				U.S.C. 301 et seq.), 21 CFR 105, the Illinois
				Food, Drug and Cosmetic Act (Ill. Rev. Stat. 1987, ch. 561/2, pars. 501 et
				seq.), and Section 401 of the Salvage Warehouse and Salvage Warehouse Store Act
				are applicable to such items when used in this Part. The following definitions
				shall also apply:
"ACT" shall mean the Salvage Warehouse and Salvage Warehouse
				Store Act (Ill. Rev. Stat. 1987, ch. 114, pars. 400 et seq.).
"Adequate" shall mean that which is needed to accomplish the
				intended purpose in keeping with good public health practice. Good public
				health practices are those practices and standards which reduce the opportunity
				for microorganisms to gain entrance and multiply in foods, drugs, medical
				devices, cosmetics or alcoholic liquors. This would also include such practices
				and standards which assure that such items remain sound, undamaged, clean, free
				from adulteration and contamination, and otherwise suitable for human
				use.
"Adulterated" shall mean the containing of any poisonous or
				deleterious substance which may render an item injurious to health; or if an
				item consists in whole or in part of any filthy, putrid or decomposed
				substance; or if an item has been produced, prepared, packed or held under
				unsanitary conditions; or any other meaning ascribed under the Illinois Food,
				Drug and Cosmetic Act. (Section 10 of the Illinois Food, Drug and Cosmetic
				Act)
"Contaminated" shall mean bearing or containing any poisonous
				or deleterious substance which may render an item injurious to health.
"Cross-contaminated" shall mean the contamination of food or
				equipment with a contaminated raw food or non-food item.
"Department" shall mean the Department of Public Health.
				(Section 2 of the Illinois Food, Drug and Cosmetic Act)
"Distressed Merchandise" shall mean any food, drug, cosmetic,
				medical device or alcoholic liquor which has had the label lost or which has
				been subjected to possible damage due to accident, fire, smoke, storm, flood,
				adverse weather, train or truck wreck, or to any other similar cause, or which
				may have been rendered unsafe or unsuitable for human consumption or use
				pursuant to this Part.
"Flipper" shall mean a can with a bulged or swelled end which,
				when depressed, will force the opposite end of the can to bulge or
				swell.
"Leaker" shall mean a can or other container which shows
				evidence of leakage of its contents.
"Misbranded" shall mean labeled or having labeling which is
				false or misleading in any particular; or any other meaning ascribed under the
				Illinois Food, Drug and Cosmetic Act. (Section 11 of the Illinois Food, Drug
				and Cosmetic Act)
"Non-Salvageable Merchandise" shall mean "distressed
				merchandise," as defined in this Section which cannot be reconditioned such as
				foods, alcoholic liquors, drugs, medical devices and cosmetics contaminated
				and/or adulterated by pesticides, chemicals, or filth; potentially hazardous
				foods (frozen or those requiring refrigeration) which have been exposed to a
				temperature above 45° F (7.2 ° C) for a period exceeding 4 hours;
				foods, alcoholic liquors, drugs, medical devices and cosmetics found unfit for
				salvage on examination; foods, alcoholic liquors, drugs, medical devices and
				cosmetics packaged in paper or other porous materials which have been subject
				to contamination; and foods, alcoholic liquors, drugs, medical devices or
				cosmetics found to have pitted rust upon examination. Drug products or infant
				formulas containing expiration dates or beyond use dates which have expired
				shall be considered non-salvageable merchandise.
"Perishable" shall mean that there exists a significant risk of
				spoilage or deterioration when a product has not been refrigerated.
"Personnel" shall mean any person employed at a salvage
				processing plant or distributor who does or may in any manner handle or come in
				contact with the handling, storing, transporting, or selling and distributing
				of salvageable or salvaged merchandise.
"Pitted Rust" shall mean any rust that has penetrated the
				surface of the container to such a depth that it cannot be removed with a
				wiping cloth only. Containers with rust that cannot be removed with a wiping
				cloth only are non-salvageable merchandise.
"Potentially Hazardous Food" shall mean any food or food
				ingredient, natural or synthetic, in a form capable of supporting the rapid and
				progressive growth of infectious or toxigenic microorganisms or the slower
				growth of Clostridium botulinum as stated in 77 Ill. Adm. Code
				750.20.
"Reconditioning" shall mean any sanitary process or procedure
				by which distressed merchandise can be made available for consumption or use by
				the public pursuant to this Part.
"Salvage Distributor" shall mean a person who engages in the
				business of selling, ditribution or otherwise trafficking in any distressed or
				salvaged merchandise.
"Salvage Processing Plant" shall mean an establishment engaged
				in the business of reconditioning or by other means salvaging distressed
				merchandise and which sells or distributes or holds for sale salvaged
				merchandise for human consumption or use.
"Salvageable Merchandise" shall mean any damaged or distressed
				item or product from a manufacturer closeout, or distressed merchandise which
				can be reconditioned pursuant to this Part or is not adulterated, contaminated
				or misbranded.
"Salvaged Merchandise" shall mean distressed merchandise which
				has been reconditioned pursuant to this Part.
"Springer" shall mean a can with a bulged or swelled end which,
				after depression, returns voluntarily to its bulged or swelled
				condition.
"Surface Rust" shall mean rust that can removed with a wiping
				cloth only.
"Swell" shall mean a can which exhibits a bulged end.
"Vehicles" shall mean any truck, car, bus, or other means by
				which distressed, salvageable or salvaged merchandise is transported from one
				location to another.