Current through Register Vol. XLI, No. 35, August 30, 2024
Section 61-38-3 - Definitions3.1. "Acidified foods" means low-acid foods to which acid or acid foods are added with a water activity of greater than 0.85 and a finished equilibrium of pH 4.6 or below. Acidified foods are considered potentially hazardous foods.3.2. "Commercial kitchen" means a permitted manufacturing facility or food establishment designed for food production and food safety and eligible for interstate commerce.3.3. "Commercially harvested mushrooms" means specific mushroom species purposely planted, cultivated and harvested for the purpose of food production either by germinated spawn or cloning.3.4. "Commissioner" means the Commissioner of the West Virginia Department of Agriculture.3.5. "Community kitchen" means a kitchen that is used by community members for preparing foods, and is considered a non-permitted kitchen.3.6. "Community supported agriculture" means a system that connects growers and consumers through a subscription model to provide access to the harvest of a farm or group of farms.3.7. "Farm and food product" means any agriculture, horticulture, agroforestry, animal husbandry, dairy, livestock, beekeeping, or other similar product, and includes potentially hazardous foods and non-potentially hazardous food produced or manufactured there from.3.8. "Farm kitchen" means an on-premise food preparation facility manufacturing items for sale at a qualified farmers market for direct consumer purchase, and is considered a non-permitted kitchen.3.9. "Farmers market" means: 3.9.a. A traditional farmers market in which two or more vendors gather to sell a farm and food product directly to consumers at a fixed location;3.9.b. A farm stand run by an individual producer that sells a farm and food product, not necessarily conducted at a fixed location;3.9.c. An on-farm market on a vendor's farm property;3.9.d. An online farmers market in which two or more where vendors collectively market a farm and food product digitally and retain ownership of these products until they are sold;3.9.e. A consignment farmers market in which two or more vendors deliver their own farm and food products to a common location maintained by a third party that markets the vendor's products and receives a percentage share of the profits from sales, with the individual vendor retaining ownership of the farm and food product until it is sold. A consignment farmers market may also be mobile, or in a stationary location;3.9.f. A mobile farmers market in which two or more vendors sell farm and food products direct to consumers from a mobile unit;3.9.g. An area within a fair or festival at which farm and food products are sold; or3.9.h. Any other form of farmers market approved by the commissioner.3.10. "Farmers market vendor" or "vendor" means a person or entity that sells farm and food products at a farmers market.3.11. "Fermented products" means food processed through the conversion of carbohydrates to alcohol or organic acids using microorganisms under anaerobic conditions.3.12. "Food sampling" means a small portion of food product that is offered to consumers.3.13. "Freeze-dried" means that food has been subjected to a process in which water is removed from a product after it is frozen and placed under a vacuum, allowing the ice to change directly from a solid phase to a vapor. The freeze-drying process consists of three separate processes: freezing, primary drying, and secondary drying.3.14. "Kitchen" means a room or area in which food is prepared, produced, packaged, or cooked.3.15. "Label" means a panel or panels found on a package food item.3.16. "Local health department" means a health department serving one or more counties or one or more municipalities or a combination thereof.3.17. "Low-acid canned food" means any food (other than alcoholic beverages) with a finished equilibrium pH greater than 4.6 and a water activity greater than 0.85, excluding tomatoes and tomato products having a finished equilibrium pH less than 4.7.3.18. "Non-potentially hazardous food" means a food item that does not require time/ temperature controls for safety to limit pathogenic microorganism growth or toxin formation.3.19. "Pickled products" means a food product that has been processed for preservation either through an anaerobic fermentation in brine or immersion in vinegar.3.20. "Potentially hazardous food" means any food item that requires time/temperature control or other protocols for safety to limit pathogenic microorganism growth or toxin formation.3.21. "Process authority" means a person who has been recognized by the Association of Food and Drug Officials as having expert knowledge of thermal processing requirements for low-acid foods packaged in hermetically sealed containers or has expert knowledge in the acidification and processing of acidified foods and is found in the food processing authorities directory.3.22. "Sanitize" means to adequately treat cleaned surfaces by a process that is effective in destroying vegetative cells of pathogens, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.3.23. "Uncut produce" means fruits and vegetables that have not been cut beyond field harvest and are offered for sale as a whole item.3.24. "WVDA" or "the Department" means the West Virginia Department of Agriculture.