South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 6 - FOOD AND COSMETICS › Subarticle 6 - SALVAGE OPERATIONS DEALING IN FOODS AND COSMETICS › Section 5-360 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The definitions and interpretations contained in Section 39-25-20 of the South Carolina Food and Cosmetic Act are applicable to such terms when used in these Regulations. The following definitions shall also apply:
(1) "Act" means the South Carolina Food and Cosmetic Act.
(2) "Department" shall mean the South Carolina Department of Agriculture.
(3) "Commissioner" shall mean the Commissioner of Agriculture and/or his designated representative.
(4) "Cosmetic" shall mean (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap.
(5) "Food" shall mean (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.
(6) "Salvager" shall mean a person, firm or corporation engaged in the business of reconditioning, labeling, relabeling, sorting, cleaning, culling or by other means salvaging and who sells, offers for sale, or distributes for human or animal consumption any salvaged food any salvaged cosmetic or any other products of similar nature that may have been contaminated by fire, water, smoke, chemicals, transit, or by any other means.
(7) "Salvage Auction Firm" means a person engaged in the business of selling salvaged food or salvaged cosmetics for his own account or for others, irrespective of the manner in which he is compensated or receives consideration with respect to such sale.
(8) "Salvage Distributor" means a person engaged in the business of selling, storing, offering for sale, distributing, peddling, or otherwise trafficking in salvaged food or cosmetic or unsalvageable food or cosmetics.
(9) "Hazardous substances" is a substance or mixture of substances which is toxic, corrosive, an irritant, flammable, or which generates pressure through heat, decomposition or other means; or which has been designated by the United States Product Safety Commission as a strong sensitizer, or a radioactive material or which "may cause substantial personal injury or substantial illness during or as a proximate result of any reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children."
(10) "Perishable" shall mean any food or cosmetic of such type or in such condition or physical state as it may spoil or otherwise become unfit for human consumption or use.
(11) "Potentially hazardous food" shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
(12) "Safe temperatures" as applied to potentially hazardous food means an air temperature of 45° F. or below and 140° F. or above.
(13) "Salvageable merchandise" is any food or cosmetic which can be reconditioned, labeled, relabeled, repackaged, recoopered, sorted, cleaned, culled, trimmed, or by any other means salvaged and which brings such item into compliance with requirements of the Act and Regulations under this Act and its amendments, to the satisfaction of the Commissioner, and which is not deleterious to the health of the consumer.
(14) "Salvaged merchandise" means any food item or cosmetic which (or the container or label of which) may have been subject to damage, contamination, deterioration, or other adverse effect by fire, water, smoke, chemicals, impact, exposure to the elements, temperature change, or any other forces or means which may cause the same to fail to be in compliance with the South Carolina Food and Cosmetic Act and its Regulations.
(15) "Wholesome" shall mean food or cosmetics in sound condition, clean, free from adulteration and otherwise suitable for human or animal consumption or use.