[Part III.] produce safety
Part repealed upon the effective date of the repeal of title 21 Code of Federal Regulations part 112 or on July 1, 2022, whichever occurs sooner. L 2019, c 103, §4(1).
[§145-31] Definitions. [See Note at part heading.] For purposes of this part, unless otherwise required by the context:
"C.F.R." means the Code of Federal Regulations.
"Chairperson" means the chairperson of the board of agriculture.
"Covered activity" means growing, harvesting, packing, or holding covered produce on a farm. "Covered activity" includes manufacturing or processing of covered produce on a farm, but only to the extent that such activities are performed on raw agricultural commodities.
"Covered farm" means a farm with an average annual monetary value of produce sold during the previous three-year period equal to more than $25,000 on a two of three-year rolling basis, adjusted for inflation using 2016 as the baseline year for calculating the adjustment.
"Covered produce" means food that is produced within the meaning of the federal Food and Drug Administration Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (21 C.F.R. Part 112) and that is a raw agricultural commodity. "Covered produce" includes all of the following:
(1) 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 unique 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 alfalfa 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
(2) A mix of intact fruits and vegetables, such as a fruit basket.
"Covered produce" does not include:
(1) 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;
(2) Produce that is produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management; or
(3) Produce that is not a raw agricultural commodity.
(1) A primary production operation under one management in one general, but not necessarily contiguous, physical location devoted to the growing of crops, the harvesting of crops, the raising of animals including seafood, or any combination of these activities; or
(2) A secondary activities operation, not located on a primary production farm, devoted to harvesting such as hulling or shelling, packing, or holding of raw agricultural commodities; provided that the primary production farm that grows, harvests, or raises the majority of the raw agricultural commodities harvested, packed, or held by the secondary activities farm owns, or jointly owns, a majority interest in the secondary activities farm.
The term "farm" includes operations that, in addition to these activities:
(1) Pack or hold raw agricultural commodities;
(2) Pack or hold processed food; provided that all processed food used in such activities is either consumed on that farm or another farm under the same management, or is processed food; and
(3) Manufacture or process food; provided that:
(A) All food used in such activities is consumed on that farm or another farm under the same management; or
(B) Any manufacturing or processing of food that is not consumed on that farm or another farm under the same management consists only of:
(i) Drying or dehydrating raw agricultural commodities to create a distinct commodity such as drying or dehydrating grapes to produce raisins, and packaging and labeling such commodities, without additional manufacturing or processing such as slicing;
(ii) Treatment to manipulate the ripening of raw agricultural commodities, such as by treating produce with ethylene gas, and packaging and labeling treated raw agricultural commodities, without additional manufacturing or processing; or
(iii) Packaging and labeling raw agricultural commodities, when these activities do not involve additional manufacturing or processing such as irradiation.
"Food" means articles used for food or drink for humans or other animals, chewing gum, and articles used for components of any such article, and includes seeds and beans used to grow sprouts.
"Fruit" means 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.
"Harvesting" means activities that are traditionally performed on farms for the purpose of removing raw agricultural commodities from the place they were grown or raised and preparing them for use as food. Harvesting is limited to activities performed on raw agricultural commodities, or on processed foods created by drying or dehydrating a raw agricultural commodity without additional manufacturing or processing, on a farm. "Harvesting" does not include activities that transform a raw agricultural commodity into a processed food. Examples of harvesting include cutting or otherwise separating the edible portion of the raw agricultural commodity from the crop plant and removing or trimming part of the raw agricultural commodity such as foliage, husks, roots or stems. Examples of harvesting also include cooling, field coring, filtering, gathering, hulling, shelling, sifting, threshing, trimming of outer leaves of, and washing raw agricultural commodities grown on a farm.
"Holding" means storage of food and also includes activities performed incidental to storage of a food such as activities performed for the safe or effective storage of that food, such as fumigating food during storage, and drying or dehydrating raw agricultural commodities when the drying or dehydrating does not create a distinct commodity such as drying or dehydrating hay or alfalfa. "Holding" also includes activities performed as a practical necessity for the distribution of that food such as blending of the same raw agricultural commodity and breaking down pallets, but does not include activities that transform a raw agricultural commodity into a processed food.
"Holding facilities" include warehouses, cold storage facilities, storage silos, grain elevators, and liquid storage tanks.
"Manufacturing or processing" means making food from one or more ingredients, or synthesizing, preparing, treating, modifying, or manipulating food, including food crops or ingredients. Examples include: baking, boiling, bottling, canning, cooking, cooling, cutting, distilling, drying or dehydrating raw agricultural commodities to create a distinct commodity such as drying or dehydrating grapes to produce raisins, evaporating, eviscerating, extracting juice, formulating, freezing, grinding, homogenizing, labeling, milling, mixing, packaging including modified atmosphere packaging, pasteurizing, peeling, rendering, treating to manipulate ripening, trimming, washing, or waxing. For farms and farm mixed-type facilities, manufacturing or processing does not include activities that are part of harvesting, packing, or holding.
"Packing" means placing food into a container other than packaging the food and also includes re-packing and activities performed incidental to packing or re-packing a food such as activities performed for the safe or effective packing or re‑packing of that food such as sorting, culling, grading, and weighing or conveying incidental to packing or re-packing, but does not include activities that transform a raw agricultural commodity into a processed food.
"Processed food" means any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as canning, cooking, freezing, dehydration, or milling.
"Produce" means any fruit or vegetable including mixes of intact fruits and vegetables and includes mushrooms, sprouts irrespective of seed source, peanuts, tree nuts, and herbs. "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 such as cotton seed, flax seed, rapeseed, soybean, and sunflower seed.
"Qualified end-user" means, with respect to a food, the consumer of the food or a restaurant or retail food establishment that is located in the State.
"Raw agricultural commodity" means 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.
"Vegetable" means 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. [L 2019, c 103, pt of §2]