Section 49.1. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless otherwise defined in the NSSP Model Ordinance:

Dealer—A shellstock shipper, shucker-packer, repacker, reshipper or depuration processor.

Department—The Department of Agriculture of the Commonwealth.

Depuration or controlled purification—The process that uses a controlled aquatic environment to reduce the level of pathogens or poisonous or deleterious substances in live shellfish.

Facility—A structure.

Food Act—The Food Act (31 P. S. § § 20.1—20.18).

Freight-forwarder—A person who transports shellfish for a third party owner by vehicle or vessel, or who stores shellfish at a location for a short period of time while the shellfish are in transit.

HACCP—Hazard Analysis Critical Control Point—A system devedoped by the National Advisory Committee on Microbiological Criteria for Foods that identifies and monitors specific foodborne hazards that can adversely affect the safety of the food products.

NSSP Model Ordinance or National Shellfish Sanitation Program Model Ordinance—As set forth in the Guide for the Control of Molluscan Shellfish under the purview of the Interstate Shellfish Sanitation Conference, and published by the United States Department of Health and Human Services; Public Health Services; Food and Drug Administration, or the most current successor document.

Person—An individual, partnership, association, company, corporation or other legal entity. The term includes the officers, employes and agents of a partnership, association, company, corporation or other legal entity.

Repacker—A person other than the original certified shucker-packer who repacks shucked shellfish into other containers for distribution or sale, or repacks and resells shellstock but does not shuck shellfish.

Reshipper—A person who purchases shucked shellfish or shellstock from other certified shippers and sells the product, without repacking or relabeling, to other certified shippers, wholesalers or retailers.

Secretary—The Secretary of the Department.

Shellstock shipper—A person who grows, harvests, buys or repacks, and sells shellstock. The term includes a shipper who ships previously shucked and packed shellfish, but does not shuck shellfish nor repack shucked shellfish.

Shucker-packer—A person who shucks and packs shellfish or who acts as a shellstock shipper or reshipper, or who repacks shellfish originating from other shellfish facilities that are certified in accordance with § 49.3 (relating to certification and compliance).

The provisions of this § 49.1 adopted September 8, 1971, effective September 9, 1971, 1 Pa.B. 1828; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6155; amended October 13, 2006, effective October 14, 2006, 36 Pa.B. 6285. Immediately preceding text appears at serial pages (301713) to (301714) and (217565).

Notation

Authority

The provisions of this § 49.1 amended under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).