SECTION 241.1. Definitions

The following words and terms, when used in these sections, shall have the following meanings unless the context clearly indicates otherwise.

(1) Authorized agent--An employee of the Texas Department of Health who is designated by the commissioner of health to enforce the provisions of these sections.

(2) Act--The Texas Health and Safety Code, Chapter 436, Aquatic Life.

(3) Commissioner--The commissioner of health for the State of Texas.

(4) Compliance schedule--A written schedule that provides a time period to correct critical, key and other deficiencies.

(5) Container--The physical material in contact with or immediately surrounding the crabmeat that confines it into a single unit.

(6) Cook lot--All of the crabmeat product cooked in one day at one location.

(7) Crabmeat--The edible meat of steamed or cooked crabs that has not been processed other than by picking, packing, and chilling.

(8) Critical Control Point (CCP)--A point, step or procedure in a food process at which control can be applied, and as a result a food safety hazard can be prevented, eliminated or reduced to acceptable levels.

(9) 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.

(10) 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.

(11) Dealer--A person to whom a license is issued for the activities of crabmeat picking and packing or crabmeat picking, packing, and pasteurization.

(12) Department--The Texas Department of Health, 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 regulating the processing, picking, packing, pasteurization, and/or shipping of crabmeat.

(13) Food safety hazard--Any biological, chemical, or physical property that may cause a food to be unsafe for human consumption.

(14) 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).

(15) 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.

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

(17) Label--Any written, printed or graphic matter affixed to or appearing upon any package containing crabmeat.

(18) License--A numbered document issued by the department that authorizes a dealer to process crabmeat for sale.

(19) License number--The unique identification number issued by the department to each dealer for each location. Each license number shall consist of a one to five-digit Arabic number preceded by the two-letter state abbreviation and followed by a one or two-letter abbreviation for the type of activity or activities the dealer is qualified to perform in accordance with the following terms:

(A) crabmeat picking and packing (C); or

(B) crabmeat picking, packing, and pasteurization (CP).

(20) Licensed location--A plant or place of business that has been inspected by the Seafood Safety Division of the department and for which a crabmeat processing license has been issued.

(21) 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 violation.

(22) Packing--The placing of crabmeat into containers for off-premise consumption.

(23) Pasteurization plant--A place where crabmeat is heat-treated, without complete sterilization, to improve keeping qualities of the meat.

(24) Pasteurized crabmeat--The meat of crabs cooked, picked, and packed for off-premise consumption which has been heat treated, without complete sterilization, to improve keeping qualities of the meat.

(25) 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.

(26) Pick(ing)--The removal of crabmeat from the crab shell.

(27) Picking plant--A place where crabs are cooked and edible meat is picked therefrom.

(28) 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.

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

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

(31) SSD--The Seafood Safety Division of the Texas Department of Health, to which responsibility for regulating the processing, picking, packing, pasteurization, and/or shipping of crabmeat is delegated.

Source Note: The provisions of this §241.1 adopted to be effective March 20, 2003, 28 TexReg 2345