Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 34.00 - Produce Safety and Market Access › Section 34.02 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of 330 CMR 34.00 et seq., the following
				definitions shall apply:
(1)
Adjusted for Inflation
. Equal to an amount calculated
			 by the Department using 2011 as the baseline year and adjusting the baseline
			 amount in view of inflation; provided, however, that the Department will
			 provide public notice, including on its website, of any such
			 calculations.
(2)
Adulterated Produce
. Shall have the same meaning as
			 adulterated Food in M.G.L. c. 94, § 186.
(3)
Agricultural
			 Water
. Water used in Covered Activities on Covered Produce where
			 water is intended to, or is likely to, contact Covered Produce or Food Contact
			 Surfaces, including water used in growing activities (including irrigation
			 water using direct water application methods, water used for preparing crop
			 sprays, and water used for growing sprouts) and in harvesting, packing, and
			 holding activities (including water used for washing or cooling harvested
			 Produce and water used for preventing dehydration of Covered
			 Produce).
(4)
CFR
. The Code of Federal Regulations.
(5)
Commissioner
.
			 The Commissioner of the Massachusetts Department of Agricultural
			 Resources.
(6)
Commonwealth
. The Commonwealth of
			 Massachusetts.
(7)
Covered Activity
. Growing, harvesting, packing, or
			 holding Covered Produce on a Farm, including manufacturing and processing of
			 Covered Produce on a Farm, but only to the extent that such activities are
			 performed on raw agricultural commodities and only to the extent that such
			 activities are within the meaning of Farm.
(8)
Covered Farm
. A
			 Farm engaged in growing, harvesting, packing, or holding Covered Produce on the
			 Farm and having an average annual monetary value of Produce sold during the
			 previous three-year period of more than $25,000 (on a rolling basis), Adjusted
			 for Inflation.
(9)
Covered Produce
. The harvested and the harves table
			 part of fruits and vegetables such as almonds, apples, apricots, apriums,
			 Artichokes-globe-type, Asian pears, avocados, babacos, bananas, Belgian endive,
			 blackberries, blueberries, boysenberries, brazil nuts, broad beans, broccoli,
			 Brussels sprouts, burdock, cabbages, Chinese cabbages (Bok Choy, mustard, and
			 Napa), cantaloupes, carambolas, carrots, cauliflower, celeriac, celery, chayote
			 fruit, cherries (sweet), chestnuts, chicory (roots and tops), citrus (such as
			 clementine, grapefruit, lemons, limes, mandarin, oranges, tangerines, tangors,
			 and uniq fruit), cowpea beans, cress-garden, cucumbers, curly endive, currants,
			 dandelion leaves, fennel-Florence, garlic, genip, gooseberries, grapes, green
			 beans, guavas, herbs (such as basil, chives, cilantro, oregano, and parsley),
			 honeydew, huckleberries, Jerusalem artichokes, kale, kiwifruit, kohlrabi,
			 kumquats, leek, lettuce, lychees, macadamia nuts, mangos, other melons (such as
			 Canary, Crenshaw, and Persian), mulberries, mushrooms, mustard greens,
			 nectarines, onions, papayas, parsnips, passion fruit, peaches, pears, peas,
			 peas-pigeon, peppers (such as bell and hot), pine nuts, pineapples, plantains,
			 plums, plumcots, quince, radishes, raspberries, rhubarb, rutabagas, scallions,
			 shallots, snow peas, soursop, spinach, sprouts (such as alfafa and mung bean),
			 strawberries, summer squash (such as patty pan, yellow, and zucchini),
			 sweetsop, Swiss chard, taro, tomatoes, turmeric, turnips (roots and tops),
			 walnuts, watercress, watermelons, and yams; and mixes of intact fruits and
			 vegetables (such as fruit baskets).
(10)
CQP
. The
			 Commonwealth Quality Program.
(11)
Department
. The Massachusetts Department of
			 Agricultural Resources.
(12)
Destruction
. Deliberate destruction of Produce to
			 render it useless for processing or consumption.
(13)
Destruction
			 Order
. An official Department action under M.G.L. c. 128, §
			 124 requiring Destruction.
(14)
DPH
. The Massachusetts Department of Public
			 Health.
(15)
Egregious
			 Condition
. A practice, condition, or situation on a Farm that, if
			 corrective action is not immediately taken, is reasonably likely to result in
			 adverse health impacts, up to and including illness, death, or any other
			 imminent public health hazard.
(16)
Embargo
or
Embargoed
. The
			 mandatory holding or detention of Produce.
(17)
Embargo Order
.
			 An official Department action under M.G.L. c. 128, § 124 requiring
			 Embargo.
(18)
EPA
. The United States Environmental Protection
			 Agency.
(19)
Farm
. Shall have the same meaning as provided in
			 21 CFR §
									112.3.
(20)
FDA
. The United
			 States Food and Drug Administration.
(21)
Federal Food, Drug and
			 Cosmetic Act
.
			 21
			 USC §
									301 et seq.
(22)
Follow-up
			 Inspection
. A subsequent inspection to an Initial Inspection,
			 which occurs to review an issue or concern identified and documented during
			 such Initial Inspection.
(23)
Food
. Articles used for food or drink for humans or
			 other animals, chewing gum, and articles used for components of any such
			 article.
(24)
Food
			 Contact Surface(s)
. Surfaces that contact human Food and those
			 surfaces from which drainage, or other transfer, onto the Food or onto surfaces
			 that contact the Food ordinarily occurs during the normal course of operations.
Food Contact Surface(s)
includes Food Contact Surfaces
			 of equipment and tools used during harvest, packing, and holding.
(25)
For-cause
			 Inspection
. An inspection that occurs in response to a specific
			 issue or Produce safety concern, including, without limitation, an outbreak, a
			 complaint, or a recall.
(26)
Initial Inspection
. The first regulatory inspection
			 conducted at a Covered Farm.
(27)
Inspection Certificate
. A document demonstrating
			 compliance with 330 CMR 34.00 et seq.
(28)
Inspector
. An
			 inspector from the Department's Produce Safety, Market Access, and
			 Certification Division.
(29)
Misbranded Produce
. Shall have the same meaning as
			 misbranded Food in M.G.L. c. 94, § 187, as it pertains to
			 Produce.
(30)
Non-covered Produce
. Produce that is rarely consumed
			 raw, specifically the produce on the following exhaustive list: Asparagus;
			 beans, black; beans, great Northern; beans, kidney; beans, lima; beans, navy;
			 beans, pinto; beets, garden (roots and tops); beets, sugar; cashews; cherries,
			 sour; chickpeas; cocoa beans; coffee beans; collards; corn, sweet; cranberries;
			 dates; dill (seeds and weed); eggplants; figs; ginger; hazelnuts; horseradish;
			 lentils; okra; peanuts; pecans; peppermint; potatoes; pumpkins; squash, winter;
			 sweet potatoes; and water chestnuts. Produce that is produced by an individual
			 for personal consumption or produced for consumption on the Farm or another
			 Farm under the same management. Produce that is not a Raw Agricultural
			 Commodity.
(31)
Order
. An official Department action under M.G.L. c.
			 128, § 124.
(32)
Person(s)
. Any individual, partnership, association,
			 firm, company, corporation, department, agency, group, public body (including a
			 city, town, district, county, authority, state, federal, or other governmental
			 unit), trust, or any other entity responsible in any way for any activity,
			 facility, or operation subject to 330 CMR 34.00 et seq.
(33)
Produce
. Any
			 fruit or vegetable (including mixes of intact fruits and vegetables) and
			 includes mushrooms, sprouts (irrespective of seed source), peanuts, tree nuts,
			 and herbs. A fruit is the edible reproductive body of a seed plant or tree nut
			 (such as apple, orange, and almond) such that fruit means the harvestable or
			 harvested part of a plant developed from a flower. A vegetable is the edible
			 part of an herbaceous plant (such as cabbage or potato) or fleshy fruiting body
			 of a fungus (such as white button or shiitake) grown for an edible part such
			 that vegetable means the harvestable or harvested part of any plant or fungus
			 whose fruit, fleshy fruiting bodies, seeds, roots, tubers, bulbs, stems,
			 leaves, or flower parts are used as Food and includes mushrooms, sprouts, and
			 herbs (such as basil or cilantro). Produce does not include Food grains meaning
			 the small, hard fruits or seeds of arable crops, or the crops bearing these
			 fruits or seeds, that are primarily grown and processed for use as meal, flour,
			 baked goods, cereals and oils rather than for direct consumption as small, hard
			 fruits or seeds (including cereal grains, pseudo cereals, oilseeds and other
			 plants used in the same fashion). Examples of Food grains include barley, dent-
			 or flint-corn, sorghum, oats, rice, rye, wheat, amaranth, quinoa, buckwheat,
			 and oilseeds (e.g., cotton seed, flax seed, rapeseed, soybean, and sunflower
			 seed).
(34)
Produce
			 Inspection Observation Form
. A report issued by the Department,
			 which notes conditions observed during an inspection or audit.
(35)
Produce Safety
			 Rule
. 21 CFR § 112 et seq.
(36)
Qualified End
			 User(s)
. The consumer of the Food (where the term consumer does
			 not include a business), a restaurant, or a retail Food establishment that is
			 located in the Commonwealth or not more than 275 miles from where the Produce
			 is grown.
(37)
Qualified
			 Exempt or Qualified Exemption
. Meeting the eligibility
			 requirements under 330 CMR 34.10(1).
(38)
Qualified Exempt
			 Farm
. A Farm meeting the eligibility requirements under 330 CMR
			 34.10(1).
(39)
Quarantine
or
Quarantined
.
			 The isolation and confinement of Produce as a result of an Egregious
			 Condition.
(40)
Quarantine Order
. An official Department action under
			 M.G.L. c. 128, § 124 requiring Quarantine.
(41)
RAC
or
Raw Agricultural Commodity
. Any Food in its raw or
			 natural state, including all fruits that are washed, colored, or otherwise
			 treated in their unpeeled, natural form prior to marketing.
(42)
Recall
. An
			 action taken by a Farm to remove Produce from the market. A recall may be
			 conducted on a Farm's own initiative, by Department request, or by a Recall
			 Order issued by the Department.
(43)
Recall Order
. A Quarantine Order or Embargo Order that
			 includes within its scope Produce that was once located at a Farm, but is no
			 longer present at the time the Quarantine Order or Embargo Order is
			 issued.
(44)
Registry
. List of Covered Farms and those Farms that
			 have opted in pursuant to 330 CMR 34.03(2)(a), and information and records
			 collected by the Department pursuant to the Federal Act, the Produce Safety
			 Rule, and M.G.L. c. 128, § 124.
(45)
Routine
			 Inspection
. A regularly-scheduled inspection carried out by the
			 Department.
(46)
USDA
. The United States Department of
			 Agriculture.