(a) Fish means any kind of fresh or salt water fish, or seafood, without limitation.

(b) Seafood means all edible aquatic organisms other than finfish and shall include, but not be limited to, shellfish (crustaceans and mollusks) such as shrimp, lobsters, crabs, clams, mussels, oysters, scallops and snails.

(c) Processed fish means fish that has been cured, salted, marinated, dried, or smoked as food for human consumption. This term shall include smoked fish, salted fish, salt cured/air dried fish, marinated fish, pickled fish, and fermented fish, but shall not include processed fish produced in accordance with Part 277 of this Title, “Rules and Regulations Relating to Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers,” or in accordance with title 21 of the Code of Federal Regulations part 114, Acidified Foods, pages 291-297 (revised as of April 1, 2013), which are incorporated by reference herein. Copies of the Code of Federal Regulations may be obtained from the U.S. Government Printing Office, Washington, DC 20402. The material incorporated by reference herein is available for public inspection and copying at the offices of the New York State Department of Agriculture and Markets, Division of Food Inspection Services, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231.

(d) Smoked fish means fish which, for the prime purpose of taking on the flavor and/or color of smoke, has been subjected to the direct action of smoke or smoke flavor from the burning of wood, sawdust, or similar burning material or immersed in or sprayed with a smoke-flavored solution.

(e) Hot process smoked fish means a smoked fish that has been produced by subjecting it to heat during smoke processing.

(f) Cold process smoked fish means a smoked fish that has been produced by subjecting it to smoke at a temperature where the product undergoes only incomplete heat coagulation of protein.

(g) Loin muscle means the longitudinal quarter of the great lateral muscle freed from skin scales, visible blood clots, bones, gills, and viscera and from the nonstriated part of such muscle, which part is known anatomically as the median superficial muscle.

(h) Water phase salt means the percent salt (sodium chloride) in the finished product as determined by the method described in the Official Method of Analysis of the Association of Official Analytical Chemists, 14th edition (1984), sections 18.034 (page 335) and 18.035 (page 335), under “Volumetric Method—Final Action,” and sections 50.027 (page 1006), 50.030(b) (page 1006), and 50.003 (page 1002) referenced therein, all of which are incorporated by reference herein, multiplied by 100 and divided by the percent salt (sodium chloride) plus the percent moisture in the finished product, as determined by the method described in the AOAC, 14th edition (1984), section 18.023 (pages 333-334), under “Solids (Total) in Seafoods, Gravimetric Method—Final Action, For All Marine Products Except Raw Oysters,” which section is incorporated by reference herein. Copies of said material may be obtained from the Association of Official Analytical Chemists, Inc., 1111 North Nineteenth St., Suite 210, Arlington, VA 22209 and such material is available for public inspection and copying at the offices of the New York State Department of Agriculture and Markets, Division of Food Inspection Services, Capital Plaza, One Winners Circle, Albany, NY 12235.

(i) Sodium nitrite content means the concentration, in parts per million, of sodium nitrite in the loin muscle of the finished product as determined by the method described in the Official Methods of Analysis of the Association of Official Analytical Chemists, 14th edition (1984), sections 24.044 (page 436) and 24.045 (page 436) under “Nitrites in Cured Meat Colorimetric Method—First Action,” which sections are incorporated by reference herein and are available as set forth in subdivision (g) of this section.

(j) Competent processing authority means a qualified person who has expert knowledge acquired through appropriate training and experience in the production of processed fish.