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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 241SHELLFISH SANITATION
SUBCHAPTER BMOLLUSCAN SHELLFISH
RULE §241.50Definitions

  (46) GLO--The Texas General Land Office, 1700 North Congress, Austin, Texas 78701, or its successor agency, the state agency having the responsibility for the enforcement of laws concerning all state lands, including leasing of wetland bottom for private oyster leases.

  (47) Growing area--Any site that supports or could support the propagation of molluscan shell stock by natural or artificial means.

  (48) HACCP--Hazard Analysis Critical Control Point, a systematic, science-based approach used in food production as a means to assure food safety. The concept is built upon the seven principles identified by the National Advisory Committee on Microbiological Criteria for Foods (1992).

  (49) HACCP Plan--A written document that delineates the formal procedures that a dealer follows to implement the HACCP requirements set forth in Title 21, Code of Federal Regulations (CFR), §123.6.

  (50) Harvest--The act of removing molluscan shell stock from growing or harvest areas and its placement on or in a manmade conveyance or other means of transport.

  (51) Harvest area--An area that contains commercial quantities of molluscan shell stock and may include aquaculture sites and facilities.

  (52) Harvester--A person who takes molluscan shell stock by any means from a harvest area.

  (53) Heat shock--The process of subjecting molluscan shell stock to any form of heat treatment prior to shucking, including steam, hot water or dry heat, to facilitate removal of the meat from the shell without substantially altering the physical or organoleptic characteristics of the molluscan shellfish.

  (54) ISSC--The Interstate Shellfish Sanitation Conference. The ISSC consists of agencies from molluscan shellfish producing and receiving states, FDA, the molluscan shellfish industry, and the National Marine Fisheries Service of the U.S. Department of Commerce.

  (55) Key deficiency--A condition or practice that may result in adulterated, decomposed, misbranded or unwholesome product.

  (56) Label--Any written, printed or graphic matter affixed to or appearing upon any package containing molluscan shellfish.

  (57) License--The document issued by the Texas Parks and Wildlife Department, under the Texas Parks and Wildlife Code, Chapter 47 or Chapter 76, which authorizes a person to harvest or transport molluscan shell stock for commercial sale.

  (58) Lot of molluscan shell stock--A single type of bulk molluscan shell stock or containers of molluscan shell stock of no more than one day's harvest from a single defined harvest area gathered by one or more harvesters.

  (59) Lot of molluscan shell stock for depuration--Molluscan shell stock harvested from a particular area during a single day's harvest and delivered to one depuration plant.

  (60) Lot of shucked molluscan shellfish--A collection of containers of no more than one day's shucked molluscan shellfish product produced under conditions as uniform as possible, and designated by a common container code or marking.

  (61) Marina--Any water area with a structure (docks, basin, floating docks, etc.) which is:

    (A) used for docking or otherwise mooring vessels; and

    (B) constructed to provide temporary or permanent docking space for more than ten boats.

  (62) Marine biotoxin--Any poisonous compound produced by marine microorganisms and accumulated by molluscan shell stock. Examples of toxin producing marine microorganisms include Alexandrium spp. (Proto gonyaulax species) and Karenia breves.

  (63) Market shellfish--Molluscan shellfish which are, may be, or have been harvested and/or prepared for sale for human consumption as a fresh or frozen product.

  (64) Molluscan shellfish--All species of:

    (A) oysters, clams or mussels, whether:

      (i) shucked or in the shell;

      (ii) fresh or frozen; and

      (iii) whole or in part.

    (B) scallops in any form, except when the final product form is the adductor muscle only.

  (65) Monoculture--The culture of a single molluscan shellfish species.

  (66) MPN--Most probable number.

  (67) Nursery products--Molluscan shellfish which do not exceed 10% of the market weight or that are six months or more growing time from market size.

  (68) Open area--A molluscan shellfish growing area where the harvesting for sale, harvesting for transplant, or gathering for depuration of molluscan shellfish is allowed. An open area status may be placed on any one of the classified area designations except for a prohibited area.

  (69) Open water aquaculture--The cultivation of molluscan shellfish in natural molluscan shellfish harvest areas.

  (70) Other deficiency--A condition or practice that is not defined as critical or key, but is of a public health significance and, if left uncorrected, could result in a key or critical deficiency.

  (71) Pack (packing)--All activities involved in placing molluscan shellfish in containers.

  (72) Person--Any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind, government or governmental subdivision or agency, partnership, association, corporation or other legal entity.

  (73) Poisonous or deleterious substance--A toxic substance occurring naturally or added to the environment for which a regulatory tolerance limit or action level has been established in molluscan shellfish to protect public health.

  (74) Polyculture--The cultivation of:

    (A) two or more species of molluscan shellfish; or

    (B) molluscan shellfish with other species in a common environment.

  (75) Potable water--A water supply that is suitable for human consumption.

  (76) Principal display panel--The part of a label that is most likely to be displayed, presented, shown or examined under customary conditions of retail sale.

  (77) Process batch--A quantity of molluscan shell stock used to fill each separate tank or a series of tanks supplied by a single process water system for a specified depuration cycle in a depuration activity.

  (78) Process water--The water used in the scheduled depuration process.

  (79) Prohibited area--A classification used to identify a harvest area where the harvest of molluscan shell stock for any purpose, except depletion or gathering of seed for aquaculture, is not permitted.

  (80) Records--Written documents required to be maintained under this chapter.

  (81) Relaying--Transferring of shellstock from a growing area classified as restricted or conditionally restricted to a growing area classified as approved or conditionally approved for the purpose of reducing pathogens, as measured by the coliform indicator group or poisonous or deleterious substances that may be present in the shellstock, by using the ambient environment as the treatment process.

  (82) Repacker (RP)--A dealer who buys, repacks and sells molluscan shellfish. Repackers are not authorized to shuck shellfish.

  (83) Repacking molluscan shellstock--The practice of removing molluscan shell stock from containers and placing it into other containers.

  (84) Restricted area--A classification used to identify a harvest area where harvesting shall be by special license and the molluscan shell stock, following harvest, is subjected to a suitable and effective treatment process through transplanting or gathering for depuration.

  (85) Safe materials--Articles manufactured from or composed of materials that may not reasonably be expected to, directly or indirectly, become a component of or otherwise adversely affect the characteristics of any food.

  (86) Sanitation control record--Records that document the monitoring of sanitation practices and conditions.

  (87) Sanitize--To adequately treat food contact surfaces by a process that is effective in:

    (A) destroying vegetative cells of microorganisms of public health significance;

    (B) substantially reducing the numbers of other undesirable microorganisms; and

    (C) not adversely affecting the product or its safety for the consumer.

  (88) Seed--Molluscan shell stock which is less than market size.

  (89) Sewage--Refuse liquids or waste matter, including hand sink drainage.

  (90) Sewer--An artificial, usually subterranean, conduit to carry off sewage and/or surface water.

  (91) Sewerage--The removal and disposal of sewage and surface water by sewers.

  (92) Shell stock--Live molluscan shellfish in the shell.

  (93) Shell stock packing--The process of placing molluscan shell stock into containers for introduction into commerce.

Cont'd...

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