Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 357 - FOOD SALVAGE
Section 001-357-1 - Definitions

A. "Food Salvage Processing Establishment" means an establishment that engages in reconditioning or by other means salvaging distressed foods and distributing such food either for charitable purposes or retailing on a non-profit basis.

B. "Food Salvage Retail Establishment" means any food establishment that buys and sells or warehouses salvaged food.

C. "Salvage broker" means a person, firm or corporation engaged in buying, selling, distributing or warehousing distressed, salvageable or salvaged foods and that does not operate a food salvage establishment.

D. "Sale" means the act of selling (whether for profit or not), and shall also include delivery, holding, offering for sale, transfer, auction, storage, or other means of handling or trafficking. "Distribute" means to hold, deliver or transfer.

E. "Distressed food" means any food without label, mislabeled, that has been subjected to prolonged or improper storage, or that has been subjected to possible damage due to accident, fire, flood, adverse weather, physical trauma, mishandling, or to any other cause, and which may have been rendered unsafe or unsuitable for human or animal consumption.

F. "Non-salvageable food" means distressed food that cannot be safely or practically reconditioned.

G. "Salvageable food" means distressed food that can be reconditioned to the satisfaction of the Department..

H. "Salvaged food" means previously distressed food which has been reconditioned to the satisfaction of the Department.

I. "Reconditioning" means any appropriate process or procedure by which distressed food can be brought into compliance with all Department requirements, making it suitable for consumption and use by humans or animals.

J. "Department" means the Maine Department of Agriculture, Food and Rural Resources.

K. "Perishable" means there exists a significant risk of spoilage or deterioration when a product has not been properly refrigerated or handled.

L. "Potentially hazardous food" means any food which consists in whole or in part of milk or milk products. eggs, shell eggs, meat, poultry, fish, shellfish, edible crustaceans, or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean foods which have a PH level of 4.6 or below or a water activity value of 0.85 or less.

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

N. "Vehicles" means any truck, car, bus or other means by which distressed, salvageable or salvaged food is transported from one location to another.

O. "Sanitize" means effective bactericidal treatment of clean surfaces of equipment, utensils or food containers by a process which has been approved by the Department as being effective in destroying microorganisms, including pathogens. Such treatment shall not adversely affect the product and shall be safe to the consumer.

P. "Commissioner" means the Commissioner of Agriculture or his agents in the Department.