West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Acidified
				foods. -- Low-acid foods to which acid(s) or acid food(s) are added. These
				foods include, but are not limited to, beans, cucumbers, cabbage, artichokes,
				cauliflower, puddings, peppers, tropical fruits, and fish, singly or in any
				combination. They have a water activity (aw) greater than 0.85 and have a
				finished equilibrium pH of 4.6 or below. These foods may be called, or may
				purport to be, "pickles" or "pickled.'' Carbonated beverages, jams, jellies,
				preserves, acid foods (including such foods as standardized and
				non-standardized food dressings and condiment sauces) that contain small
				amounts of low-acid food(s) and have a resultant finished equilibrium pH that
				does not significantly differ from that of the predominant acid or acid food,
				foods that are stored, distributed, and retailed under refrigeration, and
				fermented are excluded.
2.2. Better
				process control school. -- A course recognized by the Food and Drug
				Administration (FDA) to meet the requirements of
				21 CFR
				113.10 and 21 CFR 114.10.
2.3. Commissioner. -- Commissioner of the
				bureau for public health or his or her designee.
2.4. Food Manufacturing Facility. -- Any
				person that manufactures, processes, or packs food for human consumption and
				conducts wholesale operations. This term does not include: farms, facilities
				regulated by legislative rule 64CSR17, "Food Establishments," and facilities
				under the regulatory authority of the West Virginia department of
				agriculture.
2.5. Low-acid foods.
				-- Any foods, other than alcoholic beverages, with a finished equilibrium pH
				greater than 4.6 and a water activity (aw) greater than 0.85. Tomatoes and
				tomato products having a finished equilibrium pH less than 4.7 are not classed
				as low-acid foods.
2.6. Permit. --
				A document issued by the commissioner to operate a food manufacturing
				facility.
2.7. Person. --
				Individual, partnership, association, syndicate, company, firm, trust,
				corporation, government corporation, institution, department, division, bureau,
				agency, or any entity recognized by law.
2.8. Preventative controls qualified
				individual. -- An individual who has successfully completed training in the
				development and application of risk-based preventive controls at least
				equivalent to that received under a standard curriculum recognized as adequate
				by the food and drug administration or is otherwise qualified through job
				experience to develop and apply a food safety system.
2.9. Processing Authority. -- A person who
				has been recognized by the association of food and drug officials as having
				expert knowledge of thermal processing requirements for low-acid foods packaged
				in hermetically-sealed containers or has expert knowledge in the acidification
				and processing of acidified foods and is found in the food processing
				authorities directory at:
https://www.afdo.org/directories/fpa/
.
2.10. Very small business. -- A business
				(including any subsidiaries and affiliates) averaging less than $1,000,000 per
				year, adjusted for inflation, during the three-year period preceding the
				applicable calendar year in sales of human food plus the market value of human
				food manufactured, processed, packed, or held without sale.
2.11. Wholesale. -- The sale or distribution
				of food to other business entities such as, but not limited to, retail stores,
				other food manufacturers, or food establishments.