Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 2 - Produce Safety Rule › Section 250-RICR-40-00-2.3 - Definitions

Current through June 14, 2024
A. For the purposes of these regulations, the
				  following terms shall have the following meaning:
1. "Act" means the FDA Food Safety
				  Modernization Act Final Rule on Produce Safety, incorporated above at §
											2.2 of this Part.
2. "Adulterated" means as prescribed in the
				  Federal Food Drug and Cosmetic Act,
				  21 U.S.C. §
												342, and the Act, incorporated above at
				  §
											2.2 of
				  this Part.
3. "C.F.R." means the
				  Code of Federal Regulations.
4.
				  "Covered farm" means as prescribed in the Act, incorporated above at §
											2.2 of this Part.
5. "Covered produce" means as prescribed in
				  the Act, incorporated above at §
											2.2 of this Part.
6. "Department" means the Rhode Island
				  Department of Environmental Management.
7. "Director" means the Director of the
				  Department of Environmental Management.
8. "Egregious condition" means a practice,
				  condition, or situation on a farm or in a packing house that is reasonably
				  likely to lead to:
a. Serious adverse health
				  consequences or death from the consumption of or exposure to Covered Produce;
				  or
b. An imminent public health
				  hazard if corrective action is not taken immediately.
9. "FDA" means the U.S. Food and Drug
				  Administration.
10. "Follow-up
				  inspection" means a subsequent inspection that occurs to allow the review of an
				  issue or concern that was identified and documented on a previous
				  inspection.
11. "For-cause
				  inspection" means an inspection that occurs in response to a specific issue or
				  produce safety concern, such as an outbreak, reported complaint, or
				  recall.
12. "Initial inspection"
				  means an inspection that is the first regulatory inspection activity conducted
				  at a farm or facility covered under R.I. Gen Laws §§
											2-1-9 and
				  2-1-10 and these
				  regulations.
13. "Law" means any
				  applicable federal, state or local statute, ordinances and
				  regulations.
14. "Misbranded" means
				  as prescribed in the Federal Food Drug and Cosmetic Act,
				  21 U.S.C. §
												342, and the Act, incorporated above at
				  §
											2.2 of
				  this Part.
15. "Person" means any
				  individual, partnership, corporation, association or other legal
				  entity.
16. "Processing exemption"
				  means as outlined in 21
				  C.F.R. §
												112.2(b),
				  incorporated above at §
											2.2 of this Part.-
17. "Produce" means 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).
18. "Qualified exemption"
				  means as outlined in 21
				  C.F.R. §
												112.5, incorporated above at
				  §
											2.2 of
				  this Part.
19. "R.I. Gen. Laws"
				  means the General Laws of Rhode Island, as amended.
20. "Routine inspection" means regularly
				  scheduled inspections carried out under R.I. Gen. Laws §§
											2-1-9 and
				  2-1-10 and these
				  regulations.
21. "These
				  regulations" means all parts of the Produce Safety Rule codified as 250-RICR-
				  40-00-2.