W. Va. Code R. § 61-23-2 - Definitions

2.1. "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 HACCP plan.

2.2. "Aquaculture" means the commercial production of fish and/or other aquatic life.

2.3. "Aquaculture production area" means the site and the immediate vicinity where fish are produced and kept for aquaculture purposes, i.e. tanks, raceways, ponds, etc.

2.4. "Aquaculture water source" means springs, wells, ponds, streams, lakes, rivers, impoundments and/or any other manmade or natural source of water where fish are grown or from which water is taken to conduct aquaculture.

2.5. "Chemotherapeutic" or "Drug" means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals, other than man; and substances other than nutritive components, intended to affect the structure or any function of the animal body.

2.6. "Commissioner" means the Commissioner of Agriculture or his or her designee.

2.7. "Control" means managing the points, steps and procedures of an operation to maintain compliance with established criteria.

2.8. "Corrective Action" means procedures to be followed when a deviation oc­curs, including dis­position of products, avoid­ance of further deviations, and records of actions taken as a result of the deviation.

2.9. "Critical Control Point" means any point, step or procedure in a production or food process where there is a high proba­bility that improper control may cause, al­low, or contribute to a safety hazard in the final product or food.

2.10. "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 minimize the risk of occurrence of the identified hazard.

2.11. "Deviation" means failure to meet a critical limit at a critical control point or follow the HACCP plan.

2.12. "Fish" means fresh or saltwater finfish, molluscan shellfish, crustaceans, and other forms of aquatic animal life other than birds or mammals.

2.13. "Fishery product" means any edible human food product derived in whole or inpart from fish, including fish that has been processed in any manner.

2.14. "Hazard Analysis Critical Control Point Plan" or "HACCP Plan" is an inspectional or quality control plan in written form, approved by the Commissioner that:

2.14.a. Assesses hazards associated with growing, harvesting, processing, manufactur­ing, marketing, preparation and/or use of fish as a food product;

2.14.b. Identifies critical con­trol points on a flow chart of the operation;

2.14.c. Sets critical limits for critical control points;

2.14.d. Establishes a monitoring system;

2.14.e. Establishes standards for evaluating compliance with the plan and corrective actions for the identified critical control points;

2.14.f. Establishes verifica­tion procedures; and

2.14.g. Establishes a record keeping system.

2.15. "Log for Notice of Unusual Occurrence and Corrective Action" means a record for situations or safety hazards taking place that are not anticipated by the HACCP plan, and corrective actions taken as a result of the situations or safety hazards.

2.16. "Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, or scallops or edible portions thereof, except when the scallop product consists en­tirely of the shucked adductor muscle.

2.17. "Monitoring" means a planned sequence of observations or measurements of critical limits designed to produce an accurate record intended to insure that the critical limit maintains product safety.

2.18. "Official Sample" means any sample of water, soil, fish, feed, drugs, pes­ticides, other ingredients, containers and/or products taken by the Commissioner or approved laboratory in accordance with this rule.

2.19. "Pesticide" means any substance or mixture of substances intended for pre­venting, de­stroying, repelling or mitigating any pest; any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

2.20. "Record" means a book, ledger or other written or printed means used to log required information.

2.21. "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.

2.22. "Safety Hazard" means any bio­logical, chemical, or physical property that may cause, allow, or contribute to an unac­ceptable human health risk in the final product or food.

2.23. "Shellstock" means live molluscan shellfish in the shell.

2.24. "Shucked shellfish" means molluscan shellfish that have one or both shells removed.

2.25. "Terrestrial Livestock" means cattle, sheep, horses, swine, goats, poultry and/or other domestic animals inhabiting the land.

2.26. "Verification" means methods, procedures, and tests used to determine if the HACCP system is in compliance with the HACCP plan.

2.27. "Wholesome" means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.

Notes

W. Va. Code R. § 61-23-2