New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 11 - DENTED CANS; SALVAGE OR DISTRESSED FOODS, ALCOHOL AND NONALCOHOLIC BEVERAGES AND INDUSTRIAL MISHANDLING › Section 8:21-11.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall
				  have the following meanings unless the context clearly indicates otherwise.
"Adulteration" means the term "adulteration" as defined in
				  N.J.S.A.
				  24:5-8.
"Clean" means free of visible soil and thoroughly cleaned to
				  sight and touch.
"Department" or "State department" means the New Jersey State
				  Department of Health.
"Distressed foods" means foods which have been subject to
				  "natural" or "local disaster" situations. The term also applies to food which has
				  been involved in railroad and highway accidents, long-term bankruptcy proceedings,
				  and foods which are otherwise suspected of being adulterated, misbranded or
				  otherwise unsafe or unfit for human consumption.
"Embargo" means the term "embargo" as defined in
				  N.J.S.A.
				  24:4-12.
"Flipper" means a container in which only one end is slack or
				  slightly bulged. That end will remain flat if pressed in. Cans which bulge when
				  sharply and squarely struck end-down on a flat surface are flippers, provided that
				  the bulged end remains flat when pressed. Flippers result from a lack of
				  vacuum.
"Food" means the following.
1. Articles used for food or drink for man or any other
				  animal.
2. Chewing gum.
3. Articles used for components of any such article.
4. The term includes any raw, cooked or processed edible
				  substance, beverage or ingredient used or intended for use or for sale in whole or
				  in part for food.
"Food establishment" means any place used in the production,
				  preparation, manufacture, packaging, storage, transportation, service or handling of
				  food intended for sale or distribution at the wholesale or retail levels.
"Health officer" means the duly appointed official in charge of
				  the local board of health who holds a currently effective health officer's license
				  issued by the department.
"Industrial mishandling" means damage to food containers through
				  faulty manufacturing processes, faulty closure, denting of cans at the place of
				  manufacture, mishandling during storage and transportation, damage caused at
				  warehouse facilities and damage caused by mishandling at the retail level.
"Inspector" means a duly appointed official of the State
				  department or the local health authority who holds a currently effective sanitary
				  inspector license, grade 1, issued by the department.
"Leaker" means a faulty hermetically sealed container which
				  allows its contents to leak therefrom due to faulty seaming, rupture of the seal,
				  industrial mishandling, severe denting, holes which develop in the container, and
				  pressure which develops within the food container.
"Local disaster" means a fire, local flooding, disruption of
				  electrical service, fuel shortage, leaking sprinkler system, faulty roofing, traffic
				  accident, or similar conditions which may adversely affect the quality and safety of
				  foods within a food establishment. "Local health authority" means the local board or
				  local board of health of any municipality or the boards, body or officers in such
				  municipality lawfully exercising any of the powers of the local board of health
				  under the laws governing such municipality, and includes any consolidated board of
				  health or county local board of health created and established pursuant to
				  law.
"Misbranding" means the term "misbranded" or "misbranding" as
				  defined in
				  N.J.S.A.
				  24:5-16, 17.
"Natural disaster" means a violent upheaval of nature in the form
				  of heavy rainfall, tornado, hurricane, snow, hail, lightning, flood, wind,
				  earthquake, or similar phenomena in which normal operations in a food establishment
				  or foods during transit are disrupted.
"Person" means an individual, a firm, partnership, company,
				  corporation, trustee, association, or any public or private entity.
"Reconditioning" means subjecting "distressed foods" to
				  inspection, examination and treatment by washing, cleaning, buffing, sanitizing and
				  any other process that will render the foods free from contamination and safe for
				  use as food.
"Salvage food" means food which has been subjected to a "natural"
				  or "local disaster" or suspected of being adulterated, misbranded, or otherwise
				  unsafe for human consumption. The term also applies to "distressed foods". Foods in
				  this category are subject to complete and thorough examination and/or sampling by
				  the State department or the local board of health to determine if they are fit for
				  consumption.
"Sanitize" means effective bactericidal treatment of clean
				  surfaces by a process which has been approved by the department as being effective
				  in destroying microorganisms, including pathogens.
"Springers" means containers in which one end of the can bulges.
				  Manual pressure of the bulged end forces the opposite end out, or the same end will
				  spring out when released of pressure. If both ends bulge but only one end remains
				  flat when pressed, the can is a springer. Springers result from a moderate positive
				  pressure within the can. Bulging or extensive denting of the side walls may produce
				  a springer.
"Swells" means containers in which both ends of the can are
				  bulged. Neither end will remain flat without pressure. Soft swells yield to manual
				  pressure, but no impression can be made manually on hard swells. Swells result from
				  positive pressure in the can usually because of spoilage of the contents. Some
				  swells, especially in acidic products, may result from chemical reaction between the
				  contents and the container.
"Wholesome" means in sound condition, clean, free from
				  adulteration, and otherwise safe and suitable for use as food.