(a) Approved means acceptable to the commissioner, based on his determination as to conformance with appropriate standards and/or good public health practices and/or good manufacturing practices.

(b) Coliform group means all of the aerobic and facultative anaerobic gram-negative, non-spore-forming rod-shaped bacteria which will produce gas from lactose when such lactose is incubated for 51 hours or less at 35 degrees Celsius plus or minus 0.5 degrees Celsius.

(c) Commissioner means the Commissioner of Environmental Conservation or his duly authorized representative.

(d) Contamination means any foul, loathsome, dangerous, toxic, abnormal, impure or unsafe substance. Contaminated means the presence of such substance or substances.

(e) Department means the State of New York Department of Environmental Conservation.

(f) Fecal coliform means bacteria of the coliform group which will produce gas from EC medium when such medium is incubated for 26 hours or less at 44.5 degrees Celsius plus or minus 0.2 degree Celsius in a water bath.

(g) Harvester or digger means a person who takes shellfish from shellfish lands. Harvest means to take shellfish from shellfish lands.

(h) Hazardous means actually or potentially dangerous to human health. Nonhazardous means not actually or potentially dangerous to human health.

(i) Marine district means the waters of the Atlantic Ocean within three nautical miles of the coastline of the State, and all tidal waters within the State, including the Hudson River up to the Governor Mario M. Cuomo Bridge.

(j) MPN means most probable number, which is an estimate of the number of bacteria per 100 milliliters or grams of sample, using laboratory tests and probability tables in a manner endorsed and/or approved by the United States Department of Health, Education and Welfare, Public Health Service, Food and Drug Administration.

(k) Person means any individual, group of individuals, public or private corporation, industry, copartnership, joint-stock company, association, firm, legal entity, trust or estate.

(l) Shellfish means oysters, clams, mussels or scallops, or any edible portion thereof.

(m) Shellfish lands means all tidal or saline waters within the marine district and the lands lying thereunder, including such lands which are exposed at low tide.

(n) Total coliform means bacteria of the coliform group which will produce gas from brilliant green bile lactose broth two percent when such broth is incubated for 51 hours or less at 35 degrees Celsius plus or minus five-tenths (0.5) degree Celsius.

(o) Uncertified shellfish lands means shellfish lands from which, except as otherwise provided pursuant to the Environmental Conservation Law or this Subchapter, the harvesting of shellfish for use as food has been prohibited by commissioner's order.