Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 357 - FOOD SALVAGE › Section 001-357-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Food Salvage Processing Establishment"
				means an establishment that engages in reconditioning or by other means
				salvaging distressed foods and distributing such food either for charitable
				purposes or retailing on a non-profit basis.
B. "Food Salvage Retail Establishment" means
				any food establishment that buys and sells or warehouses salvaged
				food.
C. "Salvage broker" means a
				person, firm or corporation engaged in buying, selling, distributing or
				warehousing distressed, salvageable or salvaged foods and that does not operate
				a food salvage establishment.
D.
				"Sale" means the act of selling (whether for profit or not), and shall also
				include delivery, holding, offering for sale, transfer, auction, storage, or
				other means of handling or trafficking. "Distribute" means to hold, deliver or
				transfer.
E. "Distressed food" means
				any food without label, mislabeled, that has been subjected to prolonged or
				improper storage, or that has been subjected to possible damage due to
				accident, fire, flood, adverse weather, physical trauma, mishandling, or to any
				other cause, and which may have been rendered unsafe or unsuitable for human or
				animal consumption.
F.
				"Non-salvageable food" means distressed food that cannot be safely or
				practically reconditioned.
G.
				"Salvageable food" means distressed food that can be reconditioned to the
				satisfaction of the Department..
H.
				"Salvaged food" means previously distressed food which has been reconditioned
				to the satisfaction of the Department.
I. "Reconditioning" means any appropriate
				process or procedure by which distressed food can be brought into compliance
				with all Department requirements, making it suitable for consumption and use by
				humans or animals.
J. "Department"
				means the Maine Department of Agriculture, Food and Rural Resources.
K. "Perishable" means there exists a
				significant risk of spoilage or deterioration when a product has not been
				properly refrigerated or handled.
L.
				"Potentially hazardous food" means any food which consists in whole or in part
				of milk or milk products. eggs, shell eggs, meat, poultry, fish, shellfish,
				edible crustaceans, or other ingredients, including synthetic ingredients, and
				which is in a form capable of supporting rapid and progressive growth of
				infectious or toxigenic microorganisms. The term does not include clean foods
				which have a PH level of 4.6 or below or a water activity value of 0.85 or
				less.
M. "Person" means an
				individual, firm, partnership company, corporation, trustee, association.
				agent, or any public or private entity.
N. "Vehicles" means any truck, car, bus or
				other means by which distressed, salvageable or salvaged food is transported
				from one location to another.
O.
				"Sanitize" means effective bactericidal treatment of clean surfaces of
				equipment, utensils or food containers by a process which has been approved by
				the Department as being effective in destroying microorganisms, including
				pathogens. Such treatment shall not adversely affect the product and shall be
				safe to the consumer.
P.
				"Commissioner" means the Commissioner of Agriculture or his agents in the
				Department.