68E-27.002. Definitions

(1) “Product” – Any animal, plant or other material or part of an animal, plant or portion of other material any part of which was originally taken from the sea.

(2) “Primary producer” – A person, firm or corporation that uses a vessel to harvest products and who may only physically alter the product by eviscerating or deheading.

(3) “Secondary producer” – Is only that person, firm or corporation that receives products in his or its licensed secondary production plant from a primary producer. Producer is deemed to change from a primary to a secondary producer at such time as possession on the part of the secondary producer takes place.

Physical alteration of products by a secondary producer may be in the following manner only: deheading, skinning, scaling, eviscerating or removing cephalothorax.

(4) “Primary and secondary production plant” – Means any vessel used by a “primary producer” or building, used by a “secondary producer” in the production or storage of products.

(5) “Processor” – A person, firm or corporation that makes any of the following changes in any products originally derived from a primary or secondary producer.

(a) Chills products to such a temperature that the tissue and contained water of the products is solidified or frozen, except when such is done by a primary or secondary producer. This solidification will be deemed to have taken place whenever the temperature of the organism or part thereof has been reduced to less than 32º F. (0º C.).

(b) Adds internally or externally any chemical element, compound or compounds, including water to a product.

(c) Physically alters the product in any of the following ways: Dismembers, partitions, divides, grinds, slices, lacerates, presses, extends, debones (wholly or partially), segments, removes crusts, shells, coverings, hulls, chops, macerates, crushes, removes skeletal material, either external or internal. (The simple deheading, skinning, scaling, eviscerating or removing of cephalothorax of product shall not be deemed physical alteration unless packaged.)

(d) Packages in any container capable of use as human food.

(6) “Products processing plant” – Any commercial building or establishment in which products are processed or otherwise prepared and packaged for human consumption.

(7) “Food” – Means any articles used as food or drink for man or any component of such article.

(8) “Perishable food” – Any food of such type or in such condition as may spoil; provided, that foods which are in hermetically sealed containers processed by heat to prevent spoilage and properly packaged dehydrated, dry or powdered foods so low in moisture content as to preclude development of microorganisms shall not be considered to be readily perishable.

(9) “Potentially hazardous food” – Any perishable food which consists in whole or in part of products, or other ingredients capable of supporting rapid and progressive growth or infectious or toxigenic microorganisms.

(10) “Wholesome” – Products which are in sound condition, clean, free from adulteration, and otherwise suitable for human consumption.

(11) “Adulterated” – Products shall be deemed to be adulterated in accordance with provisions of Section 500.10, F.S.

(12) “Misbranded” – Products shall be deemed to be misbranded in accordance with provisions of Section 500.11, F.S.

(13) “Safe temperatures” – Temperatures of forty degrees Fahrenheit (40º F.) or below and one hundred-fifty degrees Fahrenheit (150º F.) or above as applied to potentially hazardous foods.

(14) “Sanitize” – the effective antiseptic treatment or clean surfaces of equipment and utensils by an approved process which reduces microorganism population, including pathogens, to an acceptable level.

(15) “Agriculture Commissioner” – Means the Commissioner of Agriculture of the State of Florida.

(16) “Commission” – Means the State of Florida Fish and Wildlife Conservation Commission.

(17) “Board of Health” – Means the Board of Health of the State of Florida.

Rulemaking Authority 379.2341(1) FS. Law Implemented 379.3313 FS. History–New 9-30-75, Formerly 16B-27.02, 16N-27.02, 16N-27.002, 62N-27.002.