Section 725.20 Definitions

Section 725

Section 725.20  Definitions

The definitions and

interpretations contained in Section 201 of the Federal Food, Drug and Cosmetic

Act (21 U.S.C. 301 et seq.), 21 CFR 105, the Illinois Food, Drug and Cosmetic

Act (Ill. Rev. Stat. 1987, ch. 56½, pars. 501 et seq.), and Section 401 of the

Salvage Warehouse and Salvage Warehouse Store Act are applicable to such items

when used in this Part. The following definitions shall also apply:

"ACT"

shall mean the Salvage Warehouse and Salvage Warehouse Store Act (Ill. Rev.

Stat. 1987, ch. 114, pars. 400 et seq.).

"Adequate"

shall mean that which is needed to accomplish the intended purpose in keeping

with good public health practice. Good public health practices are those

practices and standards which reduce the opportunity for microorganisms to gain

entrance and multiply in foods, drugs, medical devices, cosmetics or alcoholic

liquors. This would also include such practices and standards which assure that

such items remain sound, undamaged, clean, free from adulteration and

contamination, and otherwise suitable for human use.

"Adulterated"

shall mean the containing of any poisonous or deleterious substance which may

render an item injurious to health; or if an item consists in whole or in part

of any filthy, putrid or decomposed substance; or if an item has been produced,

prepared, packed or held under unsanitary conditions; or any other meaning

ascribed under the Illinois Food, Drug and Cosmetic Act.

(Section 10 of the

Illinois Food, Drug and Cosmetic Act)

"Contaminated"

shall mean bearing or containing any poisonous or deleterious substance which

may render an item injurious to health.

"Cross-contaminated"

shall mean the contamination of food or equipment with a contaminated raw food

or non-food item.

"Department"

shall mean the Department of Public Health

is Food, Drug and Cosmetic Act.

(Section 10 of the

Illinois Food, Drug and Cosmetic Act)

"Contaminated"

shall mean bearing or containing any poisonous or deleterious substance which

may render an item injurious to health.

"Cross-contaminated"

shall mean the contamination of food or equipment with a contaminated raw food

or non-food item.

"Department"

shall mean the Department of Public Health. (Section 2 of the Illinois Food,

Drug and Cosmetic Act)

"Distressed

Merchandise" shall mean any food, drug, cosmetic, medical device or

alcoholic liquor which has had the label lost or which has been subjected to

possible damage due to accident, fire, smoke, storm, flood, adverse weather,

train or truck wreck, or to any other similar cause, or which may have been

rendered unsafe or unsuitable for human consumption or use pursuant to this Part.

"Flipper"

shall mean a can with a bulged or swelled end which, when depressed, will force

the opposite end of the can to bulge or swell.

"Leaker"

shall mean a can or other container which shows evidence of leakage of its

contents.

"Misbranded"

shall mean labeled or having labeling which is false or misleading in any

particular; or any other meaning ascribed under the Illinois Food, Drug and

Cosmetic Act.

(Section 11 of the Illinois Food, Drug and Cosmetic Act)

"Non-Salvageable

Merchandise" shall mean "distressed merchandise," as defined in

this Section which cannot be reconditioned such as foods, alcoholic liquors,

drugs, medical devices and cosmetics contaminated and/or adulterated by

pesticides, chemicals, or filth; potentially hazardous foods (frozen or those

requiring refrigeration) which have been exposed to a temperature above 45º F

(7.2º C) for a period exceeding 4 hours; foods, alcoholic liquors, drugs,

medical devices and cosmetics found unfit for salvage on examination; foods,

alcoholic liquors, drugs, medical devices and cosmetics packaged in paper or

other porous materials which have been subject to contamination; and foods,

alcoholic liquors, d

ng refrigeration) which have been exposed to a temperature above 45º F

(7.2º C) for a period exceeding 4 hours; foods, alcoholic liquors, drugs,

medical devices and cosmetics found unfit for salvage on examination; foods,

alcoholic liquors, drugs, medical devices and cosmetics packaged in paper or

other porous materials which have been subject to contamination; and foods,

alcoholic liquors, drugs, medical devices or cosmetics found to have pitted

rust upon examination. Drug products or infant formulas containing expiration

dates or beyond use dates which have expired shall be considered

non-salvageable merchandise.

"Perishable"

shall mean that there exists a significant risk of spoilage or deterioration

when a product has not been refrigerated.

"Personnel"

shall mean any person employed at a salvage processing plant or distributor who

does or may in any manner handle or come in contact with the handling, storing,

transporting, or selling and distributing of salvageable or salvaged

merchandise.

"Pitted

Rust" shall mean any rust that has penetrated the surface of the container

to such a depth that it cannot be removed with a wiping cloth only. Containers

with rust that cannot be removed with a wiping cloth only are non-salvageable

merchandise.

"Potentially

Hazardous Food" shall mean any food or food ingredient, natural or

synthetic, in a form capable of supporting the rapid and progressive growth of

infectious or toxigenic microorganisms or the slower growth of Clostridium

botulinum as stated in 77 Ill. Adm. Code 750.20.

"Reconditioning"

shall mean any sanitary process or procedure by which distressed merchandise can

be made available for consumption or use by the public pursuant to this Part.

"Salvage

Distributor" shall mean a person who engages in the business of selling,

ditribution or otherwise trafficking in any distressed or salvaged merchandise

ostridium

botulinum as stated in 77 Ill. Adm. Code 750.20.

"Reconditioning"

shall mean any sanitary process or procedure by which distressed merchandise can

be made available for consumption or use by the public pursuant to this Part.

"Salvage

Distributor" shall mean a person who engages in the business of selling,

ditribution or otherwise trafficking in any distressed or salvaged merchandise.

"Salvage

Processing Plant" shall mean an establishment engaged in the business of

reconditioning or by other means salvaging distressed merchandise and which

sells or distributes or holds for sale salvaged merchandise for human

consumption or use.

"Salvageable

Merchandise" shall mean any damaged or distressed item or product from a

manufacturer closeout, or distressed merchandise which can be reconditioned

pursuant to this Part or is not adulterated, contaminated or misbranded.

"Salvaged

Merchandise" shall mean distressed merchandise which has been

reconditioned pursuant to this Part.

"Springer"

shall mean a can with a bulged or swelled end which, after depression, returns

voluntarily to its bulged or swelled condition.

"Surface

Rust" shall mean rust that can removed with a wiping cloth only.

"Swell"

shall mean a can which exhibits a bulged end.

"Vehicles"

shall mean any truck, car, bus, or other means by which distressed, salvageable

or salvaged merchandise is transported from one location to another.