Haw. Code R. § 11-35-2

Current through November, 2024
Section 11-35-2 - Definitions

"Action level" means the interim limit established for a deleterious substance present in a product or an environment, above which level control or regulatory action may be required to protect public health.

"Alert level" means the level of deleterious substance in a product or an environment indicating degradation and warranting increased monitoring and sampling.

"Approved growing area", means an area which has been approved by the department for growing and harvesting of shellfish for direct marketing.

"Artificial growing system for shellfish" means a man-made system with definite boundaries in which shellfish are grown and where supplemental material is introduced for ultimate utilization by the shellfish.

"Blower" means the tank or vat used for washing shucked shellfish, utilizing forced air as a means of agitation.

"Classes of shippers" means

(1) reshippers (RS), persons who transship shucked stock in original containers, or shell stock, from certified shellfish shippers to other dealers or to final consumers;

(2) repackers (RP), persons, other than the original shucker, who pack shucked shellfish into containers for delivery to the consumers;

(3) shellstock shippers (SS), persons who grow, harvest, buy, or sell shellstock and do not shuck shellfish or repack shucked shellfish;

(4) shucker-packers (SP), persons who shuck and pack shellfish.

"Coliform groups" means all of the aerobic and facultative anaerobic, gram-negative, non-spore-forming bacilli which ferment lactose with gas formation within forty-eight hours at 35°C.

"Culling" means the sorting and removal of dead, inferior or gaping shellfish.

"Department" means the Hawaii state department of health.

"Depuration" means the process of removing microbial contaminants from live shellfish by placing them in a water environment of low coliform, low turbidity, and free from chemicals which are detrimental to health.

"Director" means the director of health or his designee.

"Dry storage" means the storage of shellstock out of water

"Fetal coliform group" means any bacteria as defined under the coliform group which will produce gas in Escherichia coli (E.C.) medium within twenty-four hours at 44.5°c in a water bath.

"Growing area" means any offshore ocean, coastal, estuarine or fresh water area suitable for natural shellfish growth artificial shellfish propagation.

"Harvester" means a person who takes shellfish from growing areas for commercial purposes.

"Internal temperature" means the actual temperature of shucked shellfish in the container or of shellstock, as opposed to the air temperature of the refrigerator in which the shellfish may be stored.

"Lot of shellstock" means a collection of no more than one day's production of shellstock harvested from a particular growing area by one or more harvesters.

"Most probable number (MPN)" means a statistical estimate of the number of bacteria per unit volume which is determined from the number of positive results in a series of fermentation tubes.

"National Shellfish Sanitation Program" means the cooperative federal, state and industry program for the certification of interstate shellfish shippers as described in Public Health Service Publication Number 33, National Shellfish Sanitation Program Manual] of Operations, Parts I and II, (1965).

"Paralytic shellfish poisons" means poisons produced by free-swimming, one-celled marine organisms, including the dinoflagellates, Gonvaulax catenella, Gonvaulax tamarensis, Gvmnodinium breve, which may be temporarily concentrated by shellfish.

"Pathogen" means any disease-producing microorganism or material.

"Person" means an individual, firm, partnership, company, corporation, trustee, association, or any public or private entity.

"Processor" means a repacker, shellstock shipper, or shucker-packer.

"Prohibited area" means a shellfish growing area where hazardous levels of toxic material or pathogens may be found or where a sanitary survey has not been made.

"Relaying" means the moving of market shellfish from waters classified as restricted or prohibited to an approved area for the purpose of natural purification.

"Restricted area" means a shellfish growing area subjected to moderate degrees of pollution (total coliform exceeding seventy per one hundred milliliter (ml), but not exceeding seven hundred per one hundred ml) which would make it unsafe to harvest shellfish for direct marketing but from which shellfish may be subject to depuration or relaying with approval of the department.

"Sanitary survey" means the evaluation of all factors having a bearing on the sanitary quality of a shellfish growing area including sources of pollution, the effects of wind, tides, and currents, and distribution and dilution of the polluting materials, and the bacteriological quality of the water.

"Shellfish" means all edible species of oysters, clams, and mussels of the molluscan class Pelecypoda.

This definition excludes shellfish or products thereof which, in their final packaging have been heat-sterilized and packaged in hermetically sealed containers.

"Shellfish, market" means fresh or frozen shellfish, or parts thereof, sold for human consumption.

"Shellstock" means shellfish still in their shells.

"Shucked shellfish" means shellfish, or parts thereof, which have been removed from their shells.

"Skimmer table" means a shallow, perforated table used in washing and draining of shucked shellfish.

"Transplanting" means the moving of shellfish from one area to another for the purpose of propagation or for reharvesting after an adequate period for acclimatization and growth to market size.

"Wet storage" means the temporary storage of shellfish from approved sources intended for marketing in tanks, floats or in natural bodies of water.

Haw. Code R. § 11-35-2

[Eff SEP, 18 1981] (Auth: HRS §§ 321-9, 321-10, 321-11, 328-21) (Imp: HRS §§ 321-11, 328-21)