3-525. Definitions

In this article, unless the context otherwise requires:

1. " Associate director" means the associate director of the citrus, fruit and vegetable division of the department.

2. " Farm" has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and includes production farms and harvesting, holding and packing operations.

3. " Harvesting" :

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and is limited to activities performed on produce without additional manufacturing or processing on a farm.

(b) Includes:

(i) Activities that are traditionally performed on farms for the purposes of removing produce from the place it was grown or raised and preparing it for use as food.

(ii) Separating the edible portion of the produce from the crop plant and removing or trimming part of the produce.

(iii) Cooling, field coring, gathering, hulling, shelling, removing stems from, trimming outer leaves from and washing produce grown on a farm.

(c) Does not include activities that transform produce into a processed food.

4. " Holding" :

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3.

(b) Includes:

(i) Storage of produce in facilities such as warehouses and cold storage facilities.

(ii) Activities performed incidental to the storage of produce, such as fumigating citrus during storage.

(iii) Activities performed as a practical necessity for the distribution of produce, such as blending produce and breaking down pallets.

(c) Does not include activities that transform produce into a processed food.

5. " Packing" :

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3.

(b) Includes:

(i) Placing produce into a container.

(ii) Repacking.

(iii) Activities performed incidental to packing or repacking produce, such as sorting, culling, grading and weighing or conveying and other incidental activities performed for the safe or effective packing or repacking of produce.

(c) Does not include:

(i) Activities that transform produce into a processed food.

(ii) Packaging produce for retail sale.

6. " Produce" :

(a) Means any harvested part of a fruit or vegetable that is consumed raw, including mushrooms, sprouts, tree nuts and herbs, and that is subject to the requirements of the produce safety rule as provided by 21 Code of Federal Regulations sections 112.1 and 112.2.

(b) Does not include food grains or seeds of arable crops.

7. " Produce safety rule" means the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code sections 2201 through 2252).