01-001-144 Me. Code R. § I

Current through 2024-49, December 4, 2024

Section 001-144-I - Definitions

For the purpose of this Chapter, and unless the context otherwise indicates, the following words shall have the following meanings:

A.Analysis means the results of official tests performed by a certified laboratory.

B.Certified laboratory means a laboratory approved by the Maine Department of Marine Resources (DMR) or the U.S. Food and Drug Administration (FDA) to analyze molluscan shellfish and processing facility water supply.

C.Applicant means a person or business dealing with molluscan shellfish operating under a DMR Shellfish Sanitation Certificate, who has applied for an initial license to use the State of Maine Quality Trademark for molluscan shellfish products or a licensed user seeking to renew a license.

D.Commissioner means the Commissioner of the Maine Department of Agriculture, Conservation and Forestry.

E.Department means the Maine Department of Agriculture, Conservation and Forestry (DACF), Division of Quality Assurance and Regulations.

F.Licensed user means anyone who has been issued a license granting permission to use the official State of Maine Quality Trademark for molluscan shellfish on packages or advertisements in compliance with 01-001 Chapter 135, Official Use of the State of Maine Quality Trademark.

G.Harvested within the State of Maine means 100% of the shellfish in any package must have actually been harvested within established State of Maine boundaries.

H.Molluscan shellfish means any edible species of fresh or frozen oysters, clams, mussels, and scallops, or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

I.Permit number means an assigned lot designation appearing on the tag or label identifying the licensed user.

J.Shellfish Sanitation Certificate means a numbered certificate issued to a shellfish dealer who has completed a comprehensive onsite inspection by a certified state inspector and found compliant with the requirements of the National Shellfish Sanitation Program (NSSP), and Maine statutes and regulations.

K.State of Maine Quality Trademark means the official quality trademark consisting of a silhouette of the State of Maine divided into three horizontal sections, as further described in DACF Rules, 01-001 Chapter 135, Official Use of the State of Maine Quality Trademark.

01-001 C.M.R. ch. 144, § I