New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 13 - RULES GOVERNING WHOLESALE FOOD ESTABLISHMENTS › Section 8:21-13.3 - 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.
"Adequate" means that which is needed to accomplish the intended
				  purpose in keeping with good public health practices.
"Adulteration" means the term "adulteration" as defined in
				  N.J.S.A. 24:5-8.
"Approved" shall mean acceptable to the Department, Local Health
				  Authority, or other appropriate Administrative Agency based on its determination as
				  to the conformance with applicable standards and good public health
				  practices.
"Color additive" means a material which is a dye, pigment, or
				  other substance made by a process of synthesis or similar artifice, or extracted,
				  isolated, or otherwise derived, with or without intermediate or final change of
				  identity, from a vegetable, animal, mineral, or other source, and when added or
				  applied to a food, drug, or to the human body or any part thereof, is capable (alone
				  or through reaction with other substance) of imparting color thereto; except that
				  the term does not include any material which the Commissioner, by regulation,
				  determines is used (or is intended to be used) solely for a purpose or purposes
				  other than coloring and nothing herein contained shall be construed to apply to any
				  pesticide chemical, soil, or plant nutrient, or other agricultural chemical solely
				  because of its effect in aiding, retarding, or otherwise affecting, directly or
				  indirectly, the growth or other natural physiological processes of produce of the
				  soil and thereby affecting its color, whether before or after harvest. The term
				  "color" includes black, white, and intermediate grays.
"Department" means the New Jersey State Department of
				  Health.
"Federal Act" means the Federal Food, Drug and Cosmetic Act
				  (Title 21, U.S.C. 301 et seq.: 52 Stat. 1040 et seq.).
"Food" means:
1. Articles used for food or drink for man or other
				  animals;
2. Chewing gum; and
3. Articles used for components of any such article.
The term also includes any raw, cooked or processed edible
				  substance, beverage or ingredient used or intended for use or for sale in whole or
				  in part of food.
"Food additive" means any substance the intended use of which
				  results or may reasonably be expected to result, directly or indirectly, in its
				  becoming a component or otherwise affecting the characteristics of any food
				  (including any substance intended for use in producing, manufacturing, packing,
				  processing, preparing, treating, packaging, transporting, or holding food; and
				  including any source of radiation intended for any such use), if such substance is
				  not generally recognized, among experts qualified by scientific training and
				  experience to evaluate its safety, as having been adequately shown through
				  scientific procedures (or, in the case of a substance used in food prior to January
				  1, 1958, through either scientific procedures or experience based on common use in
				  food) to be safe under the conditions of its intended use; except that the term does
				  not include:
1. A pesticide chemical in or on a raw agricultural commodity;
				  or
2. A pesticide chemical to the extent that it is intended for use
				  or is used in the production, storage, or transportation of any raw agricultural
				  commodity; or
3. A color additive; or
4. Any substance used in accordance with a sanction or approval
				  granted prior to the enactment of this paragraph pursuant to this Act, the Poultry
				  Products Inspection Act (21 U.S.C.
				  451 and the following) or the Meat Inspection Act
				  of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. 71) .
"Food contact surfaces" are those surfaces that contact food and
				  those surfaces from which drainage onto foods or onto surfaces that contact food
				  ordinarily occurs during the normal course of operations.
"Local Health Authority" means the local board or local board of
				  health of any municipality or the boards, body, or officers in such a 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, local or
				  county board of health created and established pursuant to law.
"Lot" means a collection of primary containers or units of the
				  same size, type, and style containing a finished product produced under conditions
				  as nearly uniform as possible and designated by a common container, code or marking;
				  and, in any event, "lot" means no more than a day's production or 24 hours.
"Misbranding" means the "misbranded" or "misbranding" as defined
				  in N.J.S.A. 24:5-16 and 17.
"Multiservice containers" means containers intended for use more
				  than one time.
"Nonalcoholic drink" means beverages as defined under N.J.S.A.
				  24:12-1.
"Nontoxic materials" means materials for food contact surfaces
				  utilized in the transporting, processing, storing, or packaging of food which are
				  free of substances which may render the food injurious to health or which may
				  adversely affect the flavor, color, odor, or bacteriological quality of the
				  food.
"Person" means an individual, a firm, partnership, company,
				  corporation, trustee, association, or any public or private entity.
"Pesticide chemical" means any substance which, alone, in
				  chemical combination or in formulation with one or more other substances, is a
				  "pesticide" within the meaning of the Federal Insecticide, Fungicide, and
				  Rodenticide Act (7 U.S.C. 135) as now in force or as hereafter amended, and which is
				  used in the production, storage, or transportation of raw agricultural
				  commodities.
"Plant" means the building or facility or parts thereof, used for
				  or in connection with the manufacturing, storage, processing, packaging, labeling,
				  or handling of food and nonalcoholic drinks which is not sold or distributed
				  directly to the ultimate consumer (retail).
"Potentially hazardous food" means any food which consists in
				  whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish,
				  edible crustacea, or other ingredients, including synthetic ingredients, in a form
				  capable of supporting rapid and progressive growth of infectious or toxigenic
				  microorganisms. The term does not include clean, whole, uncracked, odor-free shell
				  eggs, or foods which have a pH level of 4.6 or below or a water activity (a[w])
				  value of 0.85 or less.
"Raw agricultural commodity" means 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.
"Rework" means clean unadulterated product, removed after or
				  during processing, that is suitable for reprocessing and for use as food.
"Safe temperatures", as applied to potentially hazardous food,
				  means temperatures of 45 degrees Fahrenheit or below, and 140 degrees Fahrenheit or
				  above unless otherwise specified, and 0 degrees Fahrenheit or below for frozen
				  foods.
"Sanitize" means adequate treatment of surfaces by a process that
				  is effective in destroying the vegetative cell of microorganisms of public health
				  significance and in substantially reducing numbers of other microorganisms. Such
				  treatment shall not adversely affect the product and shall be safe for the
				  consumer.
"Single service container" means a container intended for
				  one-time usage only.