Sec. 10.15.01.02. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Acid foods" means foods that have a natural pH of 4.6 or below.

(2) Acidified Foods.

(a) "Acidified foods" means low-acid foods to which acid or acids or acid food or acid foods are added and that have a:

(i) Water activity (aw) greater than 0.85; and

(ii) Finished equilibrium pH of 4.6 or below.

(b) “Acidified foods” includes, but is not limited to:

(i) Beans, cucumbers, cabbage, artichokes, cauliflower, puddings, peppers, tropical fruits, and fish, singly or in combination; and

(ii) Foods that are called, or may purport to be, “pickles” or “pickled”.

(c) “Acidified foods” does not include:

(i) Carbonated beverages, jams, jellies, or preserves;

(ii) Acid foods that contain small amounts of low-acid food or foods and have a resultant finished equilibrium pH that does not significantly differ from that of the predominate acid or acid food, including such foods as standardized and nonstandardized food dressings and condiment sauces; and

(iii) Foods that are stored, distributed, and retailed under refrigeration.

(3) "Canned foods" means foods that are heat treated and hermetically sealed in a container for preservation.

(4) “Commercially sterile” means the condition achieved by the:

(a) Application of heat that renders the food free of:

(i) Microorganisms capable of reproducing in the food under normal nonrefrigerated conditions of storage and distribution; and

(ii) Viable microorganisms, including spores, that cause disease; or

(b) Control of water activity and the application of heat that renders the food free of microorganisms capable of reproducing in the food under normal nonrefrigerated conditions of storage and distribution.

(5) "Culinary grade steam" means steam that is free of deleterious or harmful matter that might adulterate food.

(6) "Department" means the Maryland Department of Health or the Department's designee.

(7) "Lot" means the product produced during a time period indicated by a specific code.

(8) Low-Acid Foods.

(a) "Low-acid foods" means any foods, other than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a water activity (aw) greater than 0.85.

(b) "Low-acid foods" does not include tomatoes and tomato products having a finished equilibrium pH less than 4.7.

(9) "Person-in-charge" means the licensee or other individual responsible for the overall conditions and operation of a cannery or acidified food processing plant.

(10) "Process authority" means an individual having knowledge acquired through training about and experience with thermal processing requirements or the acidification and processing of acidified foods.

(11) "Scheduled process" means the process selected by the processor as adequate under the conditions of manufacture that:

(a) Is at a minimum equivalent to the process established by a process authority;

(b) For thermally processed low-acid foods packaged in hermetically sealed containers:

(i) Achieves a commercially sterile product; and

(ii) May be in excess of that necessary to ensure destruction of microorganisms that cause disease;

(c) For acidified foods:

(i) Achieves and maintains a food that will not permit the growth of microorganisms that cause disease; and

(ii) Includes the control of pH and other critical factors; and

(d) For thermally processed acid foods packaged in hermetically sealed containers:

(i) Achieves a commercially sterile product; or

(ii) Ensures the destruction of microorganisms that cause disease and prevents spoilage during the product's shelf life.

(12) "Thermal process validation study" means a scientific study conducted by a process authority to determine critical factors and establish and validate a food process.

(13) "Water activity (aw)" means the measure of the free moisture in a product and is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature.