The following words and terms, when used in this subchapter of this title, relating to molluscan shellfish, shall have the following meanings unless the context clearly indicates otherwise. (1) Act--The Texas Health and Safety Code, Chapter 436, Aquatic Life. (2) Air gap--The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device, and the flood level rim of that receptacle. (3) Application process--The filing of an application for certification with the Texas Department of Health followed by an inspection by an authorized agent confirming compliance with the rules. (4) Approved area--A classification used to identify a harvest area where harvest for direct marketing is allowed. (5) Approved source--A source of molluscan shellfish acceptable to the director (commissioner of health). (6) Aquaculture--The cultivation of seed in natural or artificial growing or harvest areas, or the cultivation of molluscan shellstock other than seed in harvest areas. (7) Assure--To make certain. (8) Authorized agent--An employee of the Texas Department of Health who is designated by the commissioner to enforce provisions of these sections. (9) Backflow--The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source or sources other than the intended source. (10) Back siphonage--The flowing back of used, contaminated or polluted water from a plumbing fixture, vessel or other source into potable water supply pipes because of negative pressure in the water supply pipes. (11) Blower--A receptacle for washing shucked molluscan shellfish that uses forced air as a means of agitation. (12) Certificate (molluscan shellfish certificate of compliance)--A numbered document issued by the commissioner which authorizes a dealer to process molluscan shellfish for sale. (13) Certification or certify--The issuance of a numbered certificate to a person for a particular activity or group of activities that indicates: (A) permission from the department to conduct the activity; and (B) initial compliance with the requirements of §§241.50 - 241.71 of this title (relating to Molluscan Shellfish). (14) Certification number--The unique identification number issued by the commissioner to each dealer for each location. Each certification number shall consist of a one to five-digit Arabic number preceded by the two-letter state abbreviation and followed by a two-letter abbreviation for the type of activity or activities the dealer is qualified to perform in accordance with the following terms: (A) shellstock shipper (SS); (B) shucker/packer (SP); (C) repacker (RP); and (D) depuration processor (DP). (15) Certified location--A plant or place of business that has been inspected by the Seafood Safety Division of the department and for which a molluscan shellfish certificate of compliance has been issued. (16) Coliform group--All of the aerobic and facultative anaerobic, gram negative, non spore-forming, rod-shaped bacilli which ferment lactose broth with gas formation within 48 hours at 95 degrees Fahrenheit (35 degrees plus or minus 0.5 degrees Centigrade). (17) Commingle or commingling--The act of combining different lots of molluscan shell stock or shucked molluscan shellfish. (18) Commissioner--The commissioner of health for the State of Texas and the executive head of the department. (19) Compliance schedule--A written schedule that provides a specific time period to correct critical, key and other deficiencies. (20) Conditionally approved area--A classification used to identify a harvest area which meets the criteria for the approved classification except under certain conditions described in a management plan established by the SSD. (21) Conditionally restricted area--A classification used to identify a harvest area which meets the criteria for the restricted classification except under certain conditions described in a management plan established by the SSD. (22) Container--The physical material in contact with or immediately surrounding molluscan shellfish that confines it into a single unit. (23) Corrosion resistant materials--Materials that maintain their original surface characteristics under normal exposure to the foods being contacted, normal use of cleaning compounds and bactericidal solutions, and other conditions of use. (24) Critical Control Point (CCP)--A point, step or procedure in a food process at which control can be applied, and a food safety hazard can as a result be prevented, eliminated or reduced to acceptable levels. (25) Critical deficiency--A condition or practice which: (A) results in the production of a product that is adulterated, decomposed, misbranded or unwholesome; or (B) presents a threat to the health or safety of the consumer. (26) Critical limit--The maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to prevent, eliminate or reduce to an acceptable level the occurrence of the identified food safety hazard. (27) Cross connection--An unprotected actual or potential connection between a potable water system and any source or system containing unapproved water or a substance that is not or cannot be approved as safe and potable. Examples include bypass arrangements, jumper connection, removable sections, swivel or change over devices, or other devices through which backflow could occur. (28) Cull--To remove dead or unsafe molluscan shell stock from a lot of molluscan shell stock. (29) Dealer--A person to whom certification is issued for the activities of molluscan shell stock shipper, shucker-packer, repacker, or depuration processor. (30) Deficiency--A condition or practice that is a violation of the Act or rules. (31) Department--The Texas Department of Health (TDH), 1100 West 49th Street, Austin, Texas 78756, or its successor state agency, having the responsibility for the enforcement of laws concerning the safety of the food supply, including molluscan shellfish growing area classification and certification of molluscan shellfish dealers. (32) Depletion--The removal, under the direct control of the Texas Parks and Wildlife Department, of all existing commercial quantities of market-size molluscan shellfish from a harvest area classified as prohibited. (33) Depuration or depurate--The process of reducing the level of bacteria and viruses that may be present in molluscan shellfish by using a controlled aquatic environment as the treatment process. (34) Depuration plant--A place where depuration of molluscan shellfish occurs. (35) Depuration Processor (DP)--A person who harvests or receives molluscan shell stock from harvest areas in the approved or conditionally approved, restricted, or conditionally restricted classification and submits such molluscan shell stock to an approved depuration process. (36) Direct marketing--The sale for human consumption of molluscan shellfish which: (A) does not require depuration or relaying prior to sale; or (B) have been subjected to depuration or relaying activities. (37) Director--The executive head (commissioner of health) of the Texas Department of Health. (38) Dry storage--The storage of molluscan shell stock out of water. (39) Durable material--Material with the ability to exist for several years without significant deterioration and able to withstand normal daily use associated with molluscan shellfish operations. (40) Easily cleanable--A surface which is: (A) readily accessible; and (B) is made of such materials, has a finish, and is so fabricated that residues may be effectively removed by normal cleaning methods. (41) Facility--A structure. (42) FDA--The United States Food and Drug Administration or its successor agency, the federal agency in which regulation of foods, including the Cooperative Shellfish Program, is vested. (43) Food contact surface--An equipment surface or utensil that normally comes into direct or indirect contact with shucked molluscan shellfish. (44) Food safety hazard--Any biological, chemical, or physical property that may cause a food to be unsafe for human consumption. (45) Gatherer--Person who takes molluscan shellfish by any means from a growing area designated by the commissioner for delivery to a depuration plant. Cont'd... |
