The following definitions shall apply throughout this Section; however, nothing in this Section shall be construed as expanding or restricting the definitions in G.S. 106-129 and G.S. 106-130:

(1) "Adulterated" as used in G.S. 106-129 means the following:

(a) Any cooked crustacea or crustacea meat that does not comply with these Rules;

(b) Any cooked crustacea or crustacea meat which exceeds the bacteriological standards in Rule .0182 of this Section;

(c) Any cooked crustacea or crustacea meat which has been deemed to be an imminent hazard;

(2) "Code date" means the date conspicuously placed on the container to indicate the date that the product was packed.

(3) "Cook" means to prepare or treat raw crustacea by heating.

(4) "Critical control point" means 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.

(5) "Critical limit" means 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.

(6) "Crustacea meat" means the meat of crabs, lobster, shrimp or crayfish.

(7) "Division" means the Division of Environmental Health or its authorized agent.

(8) "Food‑contact surface" means the parts of equipment, including auxiliary equipment, which may be in contact with the food being processed, or which may drain into the portion of equipment with which food is in contact.

(9) "Food safety hazard" means any biological, chemical or physical property that may cause a food to be unsafe for human consumption.

(10) "Foreign" means any place or location outside the United States.

(11) "Fresh crustacea" means a live, raw or frozen raw crab, lobster, shrimp or crayfish which shows no decomposition.

(12) "HACCP plan" means a written document that delineates the formal procedures a dealer follows to implement food safety controls.

(13) "Hazard analysis critical control point (HACCP)" means a system of inspection, control and monitoring measures initiated by a dealer to identify microbiological, chemical or physical food safety hazards which are likely to occur in shellfish products produced by the dealer.

(14) "Imminent hazard" means a situation which is likely to cause an immediate threat to human life, an immediate threat of serious physical injury, an immediate threat of serious physical adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken.

(15) "Internal temperature" means the temperature of the product as opposed to the ambient temperature.

(16) "Misbranded" as used in G.S. 106-130 means any container of cooked crustacea or crustacea meat which is not labeled in compliance with these Rules.

(17) "Operating season" means the season of the year during which a crustacea product is processed.

(18) "Pasteurization" means the process of heating every particle of crustacea meat in a hermetically‑sealed 401 by 301 one pound container to a temperature of at least 185F (85C) and holding it continuously at or above this temperature for at least one minute in properly operated equipment. The term includes any other process which has been found equally effective by the Division.

(19) "Pasteurization date" means a code conspicuously placed on the container to indicate the date that the product was pasteurized.

(20) "Person" means an individual, corporation, company, association, partnership, unit of government or other legal entity.

(21) "Processing" means any of the following operations when carried out in conjunction with the cooking of crustacea or crustacea meat: receiving, refrigerating, air‑cooling, picking, packing, repacking, thermal processing, or pasteurizing.

(22) "Repacker" means a facility which repacks cooked crustacea meat into other containers.

(23) "Responsible person" means the individual present in a cooked crustacea facility who is the apparent supervisor of the cooked crustacea facility at the time of the inspection. If no individual is the apparent supervisor, then any employee is the responsible person.

(24) "Sanitize" means a bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

(25) "Standardization report" means a report of tests which show that a piece of equipment can produce time/temperature results as required by these Rules.

(26) "Thermal processing" means the heating of previously cooked crustacea or crustacea meat to a desired temperature for a specified time in properly operated equipment.


History Note: Authority G.S. 106‑129; 106‑130; 130A‑230;

Eff. October 1, 1992;

Amended Eff. August 1, 2000; August 1, 1998; February 1, 1997.