[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1240.3]

[Page 670-671]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 1240--CONTROL OF COMMUNICABLE DISEASES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 1240.3  General definitions.


    As used in this part, terms shall have the following meaning:
    (a) Bactericidal treatment. The application of a method or substance 
for the destruction of pathogens and other organisms as set forth in 
Sec. 1240.10.
    (b) Communicable diseases. Illnesses due to infectious agents or 
their toxic products, which may be transmitted from a reservoir to a 
susceptible host either directly as from an infected person or animal or 
indirectly through the agency of an intermediate plant or animal host, 
vector, or the inanimate environment.
    (c) Communicable period. The period or periods during which the 
etiologic agent may be transferred directly or indirectly from the body 
of the infected person or animal to the body of another.
    (d) Contamination. The presence of a certain amount of undesirable 
substance or material, which may contain pathogenic microorganisms.
    (e) Conveyance. Conveyance means any land or air carrier, or any 
vessel as defined in paragraph (n) of this section.
    (f) Garbage. (1) The solid animal and vegetable waste, together with 
the natural moisture content, resulting from the handling, preparation, 
or consumption of foods in houses, restaurants, hotels, kitchens, and 
similar establishments, or (2) any other food waste containing pork.
    (g) Incubation period. The period between the implanting of disease 
organisms in a susceptible person and the appearance of clinical 
manifestation of the disease.
    (h) Interstate traffic. (1) The movement of any conveyance or the 
transportation of persons or property, including any portion of such 
movement or transportation which is entirely within a State or 
possession,
    (i) From a point of origin in any State or possession to a point of 
destination in any other State or possession, or
    (ii) Between a point of origin and a point of destination in the 
same State or possession but through any other State, possession, or 
contiguous foreign country.

[[Page 671]]

    (2) Interstate traffic does not include the following:
    (i) The movement of any conveyance which is solely for the purpose 
of unloading persons or property transported from a foreign country, or 
loading persons or property for transportation to a foreign country.
    (ii) The movement of any conveyance which is solely for the purpose 
of effecting its repair, reconstruction, rehabilitation, or storage.
    (i) Milk. Milk is the product defined in Sec. 131.110 of this 
chapter.
    (j) Milk products. Food products made exclusively or principally 
from the lacteal secretion obtained from one or more healthy milk-
producing animals, e.g., cows, goats, sheep, and water buffalo, 
including, but not limited to, the following: lowfat milk, skim milk, 
cream, half and half, dry milk, nonfat dry milk, dry cream, condensed or 
concentrated milk products, cultured or acidified milk or milk products, 
kefir, eggnog, yogurt, butter, cheese (where not specifically exempted 
by regulation), whey, condensed or dry whey or whey products, ice cream, 
ice milk, other frozen dairy desserts and products obtained by modifying 
the chemical or physical characteristics of milk, cream, or whey by 
using enzymes, solvents, heat, pressure, cooling, vacuum, genetic 
engineering, fractionation, or other similar processes, and any such 
product made by the addition or subtraction of milkfat or the addition 
of safe and suitable optional ingredients for the protein, vitamin, or 
mineral fortification of the product.
    (k) Minimum heat treatment. The causing of all particles in garbage 
to be heated to a boiling temperature and held at that temperature for a 
period of not less than 30 minutes.
    (l) Possession. Any of the possessions of the United States, 
including Puerto Rico and the Virgin Islands.
    (m) Potable water. Water which meets the standards prescribed in the 
Environmental Protection Agency's Primary Drinking Water Regulations as 
set forth in 40 CFR part 141 and the Food and Drug Administration's 
sanitation requirements as set forth in this part and part 1250 of this 
chapter.
    (n) State. Any State, the District of Columbia, Puerto Rico and the 
Virgin Islands.
    (o) Utensil. Includes any kitchenware, tableware, glassware, 
cutlery, containers, or equipment with which food or drink comes in 
contact during storage, preparation, or serving.
    (p) Vessel. Any passenger-carrying, cargo, or towing vessel 
exclusive of:
    (1) Fishing boats including those used for shell-fishing;
    (2) Tugs which operate only locally in specific harbors and adjacent 
waters;
    (3) Barges without means of self-propulsion;
    (4) Construction-equipment boats and dredges; and
    (5) Sand and gravel dredging and handling boats.
    (q) Watering point. The specific place or water boat from which 
potable water is loaded on a conveyance.
    (r) Molluscan shellfish. Any edible species of fresh or frozen 
oysters, clams, mussels, and scallops or edible portions thereof, except 
when the product consists entirely of the shucked adductor muscle.
    (s) Certification number means a unique combination of letters and 
numbers assigned by a shellfish control authority to a molluscan 
shellfish processor.
    (t) Shellfish control authority means a Federal, State, or foreign 
agency, or sovereign tribal government, legally responsible for the 
administration of a program that includes activities such as 
classification of molluscan shellfish growing areas, enforcement of 
molluscan shellfish harvesting controls, and certification of molluscan 
shellfish processors.
    (u) Tag means a record of harvesting information attached to a 
container of shellstock by the harvester or processor.

[40 FR 5620, Feb. 6, 1975, as amended at 48 FR 11431, Mar. 18, 1983; 57 
FR 57344, Dec. 4, 1992; 60 FR 65201, Dec. 18, 1995]