West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Adulterated"
				means a fish or fishery product carries or contains any poisonous or
				deleterious substance or compound or pathogen in a quantity that may render it
				injurious to human health; was produced, processed, transported or held under
				unsanitary conditions; was treated with or exposed to chemicals,
				chemotherapeutics (drugs), heavy metals, pesticides, temperatures or any
				conditions in a manner that violates this rule; or was not produced according
				to an approved Hazard Analysis Critical Control Point (HACCP) plan.
3.2. "Aquaculture" means the commercial
				production of fish or other aquatic life.
3.3. "Commissioner" means the Commissioner of
				Agriculture or his or her designee.
3.4. "Establishment number" means an official
				number assigned by the commissioner to each fish processing plant and included
				on the label or container of all fishery products produced by that
				plant.
3.5. "Fish" means fresh or
				saltwater finfish, crustaceans, and other forms of aquatic life (including but
				not limited to, alligators, frogs, aquatic turtles, jellyfishes, and sea
				urchins and the roe of those animals) other than birds or mammals, and
				mollusks, where the animal life is intended for human consumption.
3.6. "Fishery Product" means any human food
				product in which fish is a characterizing ingredient.
3.7. "Food safety hazard" means any
				biological, chemical, or physical property that may cause a food to be unsafe
				for human consumption.
3.8. "Lot
				number" means a legible and permanently marked number on each container of
				cooked ready-to-eat and smoked fishery products which identifies the date the
				product was packaged.
3.9.
				"Modified atmosphere-packaging" means the food-packaging technique in which the
				air in the package or container is replaced by one or more gases, in various
				concentrations, before sealing. The purpose of this type of packaging is to
				extend the refrigerated shelf life of the product by limiting microbial growth
				or detrimental chang­es in the food.
3.10. "Official Sample" means any sample of
				water, soil, fish, feed, drugs, pesticides, other ingredients, containers
				and/or products taken by the commissioner in accordance with this
				rule.
3.11. "Processing" means
				handling, storing, heading, gutting, shucking, freezing, changing into
				different market forms, manufacturing, preserving, packing, labeling, or
				holding. This definition does not apply to the operation of a retail
				establishment.
3.12. "Sanitary
				Zone" means a separation of operations by location, partition, air flow, or
				enclosed systems.
3.13. "Risk
				Assessment Basis" means considering grades from past inspections, violations,
				trends, conditions, observations and other information to estimate the
				likelihood of a danger or safety hazard occurring and to determine the
				frequency and priority of future inspections.
3.14. "Smoked or smoke-flavored fishery
				products" means the finished food prepared by:
(1) Treating fish with salt (sodium
				chloride), and
(2) Subjecting it to
				the direct action of smoke from burning wood, sawdust, or a similar material
				and/or imparting to it the flavor of smoke by a means such as immersing it in a
				solution of wood smoke.