58.02.010 Definitions

The words in quotations shall be defined within this title as follows:

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

(b) "Adequately reduce microorganisms of public health significance" means reduce the presence of such microorganisms to an extent sufficient to prevent illness.

(1) Bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to human health, including containing any hard, inedible fragments of material measuring 7 mm or larger in any direction; or

(2) Bears or contains any poisonous or deleterious substance for which no safe tolerance has been established by law; or

(3) Consists in whole or in part of any filthy, putrid or decomposed substance, or is otherwise unfit for human consumption; or

(4) Has been processed, packed or held in unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have become injurious to human health; or

(5) Has been processed, prepared, packed or held under any insanitary conditions whereby there is a reasonable probability that it might have been contaminated with filth or rendered injurious to health; or

(6) Is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter or lawful harvest in the wild with the application of appropriate field-dressing techniques; or

(7) Is packaged within a container comprised in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

(d) "Amenable wild-harvest food" means safe, wholesome and unspoiled foods derived from free-ranging animals, plants and fungus available for harvest by Anishinaabeg of the Turtle Mountain Band of Chippewa Indians within the Turtle Mountain Reservation.

(e) "Animal excreta" means liquid or solid animal waste.

(f) "Class 1 food" means those foods processed pursuant to this title, available for sale within the exterior boundaries of the Turtle Mountain Band of Chippewa Indians Reservation, to individual tribal members only.

(g) "Class 2 food" means those foods processed pursuant to this title, available for sale to Indian Tribal Organizations and Child Nutrition Programs for which a majority of the consumers served are tribal members.

(h) "Class 3 food" means those foods processed pursuant to this title, available for sale to a general consumer base, which includes non-tribal members and retail institutions.

(i) "Community feast" means the provision of ready-to-eat food for an Anishinaabe cultural or spiritual purpose by members of the TMBCI, where no monetary exchange is necessary or expected.

(j) "Corrective action" means procedures to be followed when a deviation occurs.

(k) "Covered produce" means produce (e.g. Juneberries, raspberries, salad greens, etc.), which strawberries, snake berries are consumed raw and not subject to commercial processing that adequately reduces the presence of microorganism of public health significance. Covered produce does not include produce that is rarely consumed raw, such as wild mushrooms, dandelions. Traditional foods and medicines: sage, sweet grass

(l) "Critical Control Point" means a point, step or procedure in a food process at which a control can be applied, and a food safety hazard can as a result, be prevented, eliminated or reduced to acceptable levels.

(m) "Critical limit" means the maximum or minimum value to which a physical, biological or chemical parameter must be controlled at a critical control point to prevent, eliminate or reduce to an acceptable level, the occurrence of the identified food safety hazard.

(n) "Cross-contact" means unintentional incorporation of a food allergen into another food through accidental transfer.

(o) "Cross-contamination" means transfer of pathogens from food or a surface to another food or food contact surface.

(p) "Field dressing" means the removal of internal organs of a wildlife carcass, which is performed at or near the point of kill.

(q) "Fish" means a limbless cold-blooded vertebrate animal with gills and fins, living wholly in water.

(r) "Fishery product" means any human food product in which fish is a characterizing ingredient.

(s) "Food" means any raw, cooked, or processed edible substance, or beverage, or ingredient intended for human consumption and includes ice and water.

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

(u) "Food processing plant" means any place used primarily for the processing of class 2 and 3 foods. Food processing plant does not include a residential dwelling or any of the following:

(1) A retail food establishment, restaurant, or other similar establishment if the amenable wild-harvest food processing activities at the establishment are authorized by a license;

(2) A harvest vessel, if practices are limited to those such as heading, eviscerating or freezing fish for holding on board;

(3) A place used solely for washing or packaging fresh or otherwise unprocessed produce;

(4) A place solely used for fielddressing wild game prior to further processing; or

(5) A place solely used for processing a limited volume of low-risk foods and/or class 1 meat products and/or class 1 fish products.

(v) "Food safety hazard" means any biological, chemical or physical property that may cause a food to be unsafe for human consumption.

(w) "Game animal" means an individual of a wildlife species of animal used by the Anishinaabe for food that has not been raised in captivity.

(x) "HACCP system" means the HACCP plan in operation, including the HACCP plan itself.

(y) "Hazard or hazardous" means any biological or chemical agent that has the potential to cause injury in the absence of its control.

(z) "Harvest" when used in reference to wildlife animals, means the killing of the animal.

(aa) "Informal commercial sale" means the provision of ready-to-eat food, in an irregular or non-reoccurring basis, prepared on behalf of the Turtle Mountain Band of Chippewa Indians or by members of the Turtle Mountain Band of Chippewa Indians for a commercial purpose, where the majority of the consumers are members of the Turtle Mountain Band of Chippewa Indians.

(bb) "Information fact panel" or "IFP" means a label with required information that appears on a location on the product other than the front of the product.

(cc) "Jerky" means a ready-to-eat (RTE) dried meat product that is considered shelf stable (i.e. does not require refrigeration after proper processing). (31) "Low-acid fruit preserves" means fruit jelly, fruit jam and fruit preserves with a pH of 4.6 or lower.

(dd) "Low-acid pickled produce" means produce, which has been pickled or packed in a can or jar for pickling, with a pH of 4.6 or lower.

(ee) "Low-risk food" means a food item intended for human consumption that does not require a time and temperature control or refrigeration to remain safe, and has been shown to not support the growth of pathogenic bacterial or other foodborne pathogens.

(ff) "Lot" means the food produced during a period of time indicated by a specific code.

(gg) "Microorganism" means yeasts, molds, bacteria, viruses, protozoa and microscopic parasites and includes species having public health significance.

(hh) "Monitor" means to conduct a planned sequence of observations or measurements to assess whether a process, point or procedure is under control and, when required, to produce an accurate record of the observation or measurement.

(ii) "Package or packaging" means to contain food within a bottle, can, carton, or secure wrapping.

(jj) "Packing" means placing food into a container other than packaging and also includes activities performed incidental to packing or re-packing a food (e.g. sorting, culling, grading and weighing or conveying incidental to packing or re-packing), but does not include any process that would transform the food from its raw, uncooked state.

(kk) "Plant harvesting" means the removal of raw wild plant matter or fungi from the place where it grows in order to prepare it for use as human food. Examples of plant harvesting include brushing off dirt from its surface, cooling, field coring, filtering, gathering, drying, parching, hulling, shelling, threshing, trimming off outer leaves and washing. Plant harvesting does not encompass activities that constitute processing.

(ll) "Preventative measure" means physical, chemical or other factors that can be used to control an identified food safety hazard.

(mm) "Principal display panel" or "PDP" means the part of the food label most likely to be displayed to the customer when the product is offered for sale, also refers to the front label on a product.

(nn) "Process-monitoring instrument" means an instrument or device used to indicate conditions during processing at a critical control point.

(oo) "Processing" means the manufacture or preparation of foods for sale through the process of canning, extracting, fermenting, distilling, pickling, freezing, baking, smoking, grinding, cutting, deboning, mixing, coating, stuffing, bottling, packaging or through any other treatment or preservation process. Processing does not include the following:

(1) Harvesting, transporting or storing wild foods or wild food products, without otherwise engaging in processing;

(2) Practices such as heading, eviscerating or freezing fish, and field-dressing animals, solely to prepare that fish or animal for transportation from the water or the field; or

(3) The operation of a retail food establishment.

(pp) "Processor" means any person engaged in the processing of food for sale or donation pursuant to this title.

(qq) "Produce" means any fruit, vegetable or mushroom and includes tree nuts and herbs. A fruit is the edible reproductive body of a seed plant or tree nut (e.g. blueberry or hazelnut). A vegetable is the edible part of an herbaceous plant (e.g. fiddlehead fern or wild ramp) or the fleshy fruiting body of a mushroom (e.g. morel mushroom). Produce does not include food grains, such as wild rice and amaranth seeds.

(rr) "Qualified small and very small business" means a plant harvester that is subject to any of the requirements of Chapter 7 [Produce], and on a rolling basis, the average monetary value of the produce they sold during the last 3 years is no more than $500,000, and the majority of sales are direct sales to consumers of the food; or restaurants, food service institutions or retail food establishments that are located:

(1) in the same state or Indian reservation as that the produce was harvested; or

(2) is located no more than 275 miles from the plant harvester's residence.

(ss) "Raw plant material" means an agricultural commodity in its raw or natural state, including all fruits, vegetables and mushrooms that are washed, brushed off or otherwise treated in the uncut natural form, and manoomin that is parched, threshed and sorted.

(tt) "Ready-to-eat foods" or "RTE foods" means foods that require no further processing prior to consumption.

(uu) "Retail food establishment" means a permanent unit or location within the exterior boundaries of the Turtle Mountain Reservation within which food is processed on site, or made available, intended for individual consumption, and where goods may be purchased by individuals or entities who are not members of any federally recognized Indian tribe. The term includes any such place whether consumption is on or off premises, including but not limited to the following:

(1) A restaurant or eating/drinking establishment;

(2) A market or grocery;

(3) A catering business;

(4) A bakery or confectionary; or

(5) A convenience store or gas station.

(6) Food Trucks/ food stands

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

(ww) "Sanitization" means effective treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the count of microorganisms of public health significance to a safe level on clean surfaces, utensils and equipment.

(xx) "Smoked or smoke-flavored fishery products" means the finished food prepared by:

(1) Treating fish with salt (sodium chloride); and/or

(2) Subjecting it to the direct action of smoke from burning wood, sawdust or similar material and/or imparting to it the flavor by a means such as immersing it in a solution of wood smoke.

(yy) "Syrup" means a liquid derived from sugar-rich tree sap, which is not less than 66 degrees Brix.

(zz) "Sugar" means a solid, grainy or viscous substance derived from sugar-rich tree sap, which was boiled beyond 66 degrees Brix and stirred.

(aaa) "Toxic" means any substance which may have an adverse physiological effect on a person or persons, or land.

(bbb) "Traditional food" means foods and beverages from pre-colonization times that are or have become part of the Anishinaabe diet and food ways.

(ccc) "Traditionally safe methods" means a way of producing and/or preparing food using cultural practices specific to the Turtle Mountain Band of Chippewa Indians that have been proven to be safe over past generations.

(ddd) "Tribal mushroom harvester" means a member of the TMBCI who harvests, picks or collects wild mushrooms for sale or donation as a class 1, 2 or 3 food.

(eee) "Utensil" means any implement used in the storage, preparation, transportation or service of food.

(fff) "Vehicle" means any van, truck, trailer, cab, bus, cycle, automobile, push cart, wagon or any other means of conveying food on land.

(ggg) "Wildlife Animal" means an undomesticated mammal or bird found within free-ranging populations within the TMBCI.