(a) Adequate means that which is needed to accomplish the intended purpose in keeping with good public health practice.

(b) Allergen cross-contact means the unintentional incorporation of a food allergen into a food.

(c) Defect action level means a level of a non-hazardous, naturally occurring, unavoidable defect at which the department may regard a food as adulterated and subject to enforcement action.

(d) Food means:

(e) Food allergen means milk, shellfish, eggs, fish, tree nuts, peanuts, wheat, soybeans, and all ingredients derived from such foods, except that a food or an ingredient is not a food allergen if it is, exclusively, a highly-refined oil derived from a food allergen or an ingredient derived from such highly-refined oil.

(f) Food-contact surfaces means those surfaces that contact human food and those surfaces from which drainage, or other transfer, onto the food or onto surfaces that contact the food ordinarily occurs during the normal course of operations. Food contact surfaces include utensils and food-contact surfaces of equipment.

(g) Frozen desserts means ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, ice milk, freezer made shakes, fruit sherbet, water ice, quiescently frozen confection, quiescently frozen dairy confection, manufactured desserts mix, frozen confection, mellorine frozen dessert as all such products are commonly known, together with any mix used in such frozen desserts, and any products which are similar in appearance, odor or taste to such products, or are prepared or frozen as frozen desserts are customarily prepared or frozen, whether made with dairy products or non-dairy products.

(h) Holding means storage of food and also includes activities performed incidental to storage of a food.

(i) Manufacturing/processing means making food from one or more ingredients, or synthesizing, preparing, treating, modifying, or manipulating food.

(j) Melloream means any substance, mixture or compound regardless of the name by which it is represented, which contains vegetable fats or oils and proteins derived from animal or vegetable sources, and whose appearance, odor and taste is similar to cream, half and half, milk or a mixture of milk and cream, to the point of rendering these products difficult to differentiate from each other.

(k) Milk means milk and/or prepasteurized milk as defined in subdivisions (y) and (mm), respectively, of section 2.2 of this Part, as the context requires.

(l) Milk products means goat milk products, milk products, and/or sheep milk products, as defined in subdivisions (r,) (cc), and (vv), respectively, of section 2.2 of this Part, as the context requires.

(m) Packing means placing food into a container other than packaging the food and also includes re-packing and activities performed incidental to packing or repacking a food.

(n) Pasteurized milk means milk, lowfat milk and skim milk, goat milk and/or sheep milk as defined in subdivisions (y), (w), (ww), (q) and (uu), respectively, of section 2.2 of this Part, as the context requires.

(o) Pest means any objectionable animals or insects including birds, rodents, flies, and larvae.

(p) Quality control operation means a planned and systematic procedure for taking all actions necessary to prevent food from being adulterated.

(q) Raw milk, except as used in section 2.60 of this Part, means prepasteurized milk as defined in section 2.2(mm) of this Part.

(r) Rework means clean, unadulterated food that has been removed from processing for reasons other than insanitary conditions or that has been successfully reconditioned by reprocessing and that is suitable for use as food.

(s) Sanitize means to adequately treat cleaned surfaces by a process that is effective in destroying vegetative cells of pathogens, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.

(t) Unlawful indirect food additives means food additives not listed in 21 CFR parts 175 - 178.

(u) Unpasteurized milk means prepasteurized milk as defined in section 2.2(mm) of this Part.

(v) 21 CFR means title 21 of the Code of Federal Regulations, revised as of April 1, 2016, published by the U.S. Government Printing Office, Washington, D.C. A copy of 21 CFR is maintained in a file at the Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and is available for public inspection and copying during normal business hours.