Section 34.02 - DefinitionsFor the purpose of 330 CMR 34.00 et seq., the following definitions shall apply:
(1)Adjusted for Inflation. Equal to an amount calculated by the Department using 2011 as the baseline year and adjusting the baseline amount in view of inflation; provided, however, that the Department will provide public notice, including on its website, of any such calculations.(2)Adulterated Produce. Shall have the same meaning as adulterated Food in M.G.L. c. 94, § 186.(3)Agricultural Water. Water used in Covered Activities on Covered Produce where water is intended to, or is likely to, contact Covered Produce or Food Contact Surfaces, including water used in growing activities (including irrigation water using direct water application methods, water used for preparing crop sprays, and water used for growing sprouts) and in harvesting, packing, and holding activities (including water used for washing or cooling harvested Produce and water used for preventing dehydration of Covered Produce).(4)CFR. The Code of Federal Regulations.(5)Commissioner. The Commissioner of the Massachusetts Department of Agricultural Resources.(6)Commonwealth. The Commonwealth of Massachusetts.(7)Covered Activity. Growing, harvesting, packing, or holding Covered Produce on a Farm, including manufacturing and processing of Covered Produce on a Farm, but only to the extent that such activities are performed on raw agricultural commodities and only to the extent that such activities are within the meaning of Farm.(8)Covered Farm. A Farm engaged in growing, harvesting, packing, or holding Covered Produce on the Farm and having an average annual monetary value of Produce sold during the previous three-year period of more than $25,000 (on a rolling basis), Adjusted for Inflation.(9)Covered Produce. The harvested and the harves table part of fruits and vegetables such as almonds, apples, apricots, apriums, Artichokes-globe-type, Asian pears, avocados, babacos, bananas, Belgian endive, blackberries, blueberries, boysenberries, brazil nuts, broad beans, broccoli, Brussels sprouts, burdock, cabbages, Chinese cabbages (Bok Choy, mustard, and Napa), cantaloupes, carambolas, carrots, cauliflower, celeriac, celery, chayote fruit, cherries (sweet), chestnuts, chicory (roots and tops), citrus (such as clementine, grapefruit, lemons, limes, mandarin, oranges, tangerines, tangors, and uniq fruit), cowpea beans, cress-garden, cucumbers, curly endive, currants, dandelion leaves, fennel-Florence, garlic, genip, gooseberries, grapes, green beans, guavas, herbs (such as basil, chives, cilantro, oregano, and parsley), honeydew, huckleberries, Jerusalem artichokes, kale, kiwifruit, kohlrabi, kumquats, leek, lettuce, lychees, macadamia nuts, mangos, other melons (such as Canary, Crenshaw, and Persian), mulberries, mushrooms, mustard greens, nectarines, onions, papayas, parsnips, passion fruit, peaches, pears, peas, peas-pigeon, peppers (such as bell and hot), pine nuts, pineapples, plantains, plums, plumcots, quince, radishes, raspberries, rhubarb, rutabagas, scallions, shallots, snow peas, soursop, spinach, sprouts (such as alfafa and mung bean), strawberries, summer squash (such as patty pan, yellow, and zucchini), sweetsop, Swiss chard, taro, tomatoes, turmeric, turnips (roots and tops), walnuts, watercress, watermelons, and yams; and mixes of intact fruits and vegetables (such as fruit baskets).(10)CQP. The Commonwealth Quality Program.(11)Department. The Massachusetts Department of Agricultural Resources.(12)Destruction. Deliberate destruction of Produce to render it useless for processing or consumption.(13)Destruction Order. An official Department action under M.G.L. c. 128, § 124 requiring Destruction.(14)DPH. The Massachusetts Department of Public Health.(15)Egregious Condition. A practice, condition, or situation on a Farm that, if corrective action is not immediately taken, is reasonably likely to result in adverse health impacts, up to and including illness, death, or any other imminent public health hazard.(16)Embargo or Embargoed. The mandatory holding or detention of Produce.(17)Embargo Order. An official Department action under M.G.L. c. 128, § 124 requiring Embargo.(18)EPA. The United States Environmental Protection Agency.(19)Farm. Shall have the same meaning as provided in 21 CFR § 112.3.(20)FDA. The United States Food and Drug Administration.(21)Federal Food, Drug and Cosmetic Act. 21 USC § 301 et seq.(22)Follow-up Inspection. A subsequent inspection to an Initial Inspection, which occurs to review an issue or concern identified and documented during such Initial Inspection.(23)Food. Articles used for food or drink for humans or other animals, chewing gum, and articles used for components of any such article.(24)Food Contact Surface(s). Surfaces that contact human Food and those surfaces from which drainage, or other transfer, onto the Food or onto surfaces that contact the Food ordinarily occurs during the normal course of operations. Food Contact Surface(s) includes Food Contact Surfaces of equipment and tools used during harvest, packing, and holding.(25)For-cause Inspection. An inspection that occurs in response to a specific issue or Produce safety concern, including, without limitation, an outbreak, a complaint, or a recall.(26)Initial Inspection. The first regulatory inspection conducted at a Covered Farm.(27)Inspection Certificate. A document demonstrating compliance with 330 CMR 34.00 et seq.(28)Inspector. An inspector from the Department's Produce Safety, Market Access, and Certification Division.(29)Misbranded Produce. Shall have the same meaning as misbranded Food in M.G.L. c. 94, § 187, as it pertains to Produce.(30)Non-covered Produce. Produce that is rarely consumed raw, specifically the produce on the following exhaustive list: Asparagus; beans, black; beans, great Northern; beans, kidney; beans, lima; beans, navy; beans, pinto; beets, garden (roots and tops); beets, sugar; cashews; cherries, sour; chickpeas; cocoa beans; coffee beans; collards; corn, sweet; cranberries; dates; dill (seeds and weed); eggplants; figs; ginger; hazelnuts; horseradish; lentils; okra; peanuts; pecans; peppermint; potatoes; pumpkins; squash, winter; sweet potatoes; and water chestnuts. Produce that is produced by an individual for personal consumption or produced for consumption on the Farm or another Farm under the same management. Produce that is not a Raw Agricultural Commodity. (31)Order. An official Department action under M.G.L. c. 128, § 124.(32)Person(s). Any individual, partnership, association, firm, company, corporation, department, agency, group, public body (including a city, town, district, county, authority, state, federal, or other governmental unit), trust, or any other entity responsible in any way for any activity, facility, or operation subject to 330 CMR 34.00 et seq.(33)Produce. Any fruit or vegetable (including mixes of intact fruits and vegetables) and includes mushrooms, sprouts (irrespective of seed source), peanuts, tree nuts, and herbs. A fruit is the edible reproductive body of a seed plant or tree nut (such as apple, orange, and almond) such that fruit means the harvestable or harvested part of a plant developed from a flower. A vegetable is the edible part of an herbaceous plant (such as cabbage or potato) or fleshy fruiting body of a fungus (such as white button or shiitake) grown for an edible part such that vegetable means the harvestable or harvested part of any plant or fungus whose fruit, fleshy fruiting bodies, seeds, roots, tubers, bulbs, stems, leaves, or flower parts are used as Food and includes mushrooms, sprouts, and herbs (such as basil or cilantro). Produce does not include Food grains meaning the small, hard fruits or seeds of arable crops, or the crops bearing these fruits or seeds, that are primarily grown and processed for use as meal, flour, baked goods, cereals and oils rather than for direct consumption as small, hard fruits or seeds (including cereal grains, pseudo cereals, oilseeds and other plants used in the same fashion). Examples of Food grains include barley, dent- or flint-corn, sorghum, oats, rice, rye, wheat, amaranth, quinoa, buckwheat, and oilseeds (e.g., cotton seed, flax seed, rapeseed, soybean, and sunflower seed).(34)Produce Inspection Observation Form. A report issued by the Department, which notes conditions observed during an inspection or audit.(35) Produce Safety Rule. 21 CFR § 112 et seq.(36)Qualified End User(s). The consumer of the Food (where the term consumer does not include a business), a restaurant, or a retail Food establishment that is located in the Commonwealth or not more than 275 miles from where the Produce is grown.(37)Qualified Exempt or Qualified Exemption. Meeting the eligibility requirements under 330 CMR 34.10(1).(38)Qualified Exempt Farm. A Farm meeting the eligibility requirements under 330 CMR 34.10(1).(39)Quarantine or Quarantined. The isolation and confinement of Produce as a result of an Egregious Condition.(40)Quarantine Order. An official Department action under M.G.L. c. 128, § 124 requiring Quarantine.(41)RAC or Raw Agricultural Commodity. Any Food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled, natural form prior to marketing.(42)Recall. An action taken by a Farm to remove Produce from the market. A recall may be conducted on a Farm's own initiative, by Department request, or by a Recall Order issued by the Department.(43)Recall Order. A Quarantine Order or Embargo Order that includes within its scope Produce that was once located at a Farm, but is no longer present at the time the Quarantine Order or Embargo Order is issued.(44)Registry. List of Covered Farms and those Farms that have opted in pursuant to 330 CMR 34.03(2)(a), and information and records collected by the Department pursuant to the Federal Act, the Produce Safety Rule, and M.G.L. c. 128, § 124.(45)Routine Inspection. A regularly-scheduled inspection carried out by the Department.(46)USDA. The United States Department of Agriculture.Adopted by Mass Register Issue 1457, eff. 11/26/2021.