Definitions

As used in this part 18, unless the context otherwise requires: (1) "Certification" means the issuance of a numbered certificate to a person for a particular activity or group of activities that indicates: (a) Permission from the department to conduct the activity; and (b) Compliance with the requirements of the department. (2) "Certification number" means the unique identification number issued by the department to each dealer for each location. (3) "Dealer" means a person to whom certification is issued for the activities of shell stock shipper, shucker-packer, repacker, reshipper, depuration processor, or wet storage. (4) "Department" means the Colorado department of public health and environment and its authorized agents and employees. (5) "Depuration processor" or "DP" means a person who receives shell stock from approved or restricted growing areas and submits such shell stock to an approved, controlled purification process. (6) "FDA" means the United States food and drug administration. (7) "Person" means any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind, and any partnership, association, corporation, or other entity. "Person" also includes the federal or state government and any other public or private entity. (8) "Repacker" or "RP" means any person, other than the original certified shucker-packer, who repackages shucked shellfish into other containers. (9) "Reshipper" or "RS" means a person who purchases shucked shellfish or shell stock from other certified shippers and sells the product without repacking or relabeling to other certified shippers, wholesalers, or retailers. (10) "Shellfish" means all species of: (a) Oysters, clams, or mussels, whether: (I) Shucked or in the shell; (II) Fresh or frozen; and (III) Whole or in part; and (b) Scallops in any form, except when the final product form is the adductor muscle only. (11) "Shell stock" means live shellfish in the shell. (12) "Shell stock shipper" or "SS" means a person who grows, harvests, buys, or repacks and sells shell stock. A shell stock shipper is not authorized to shuck shellfish nor to repack shucked shellfish, but may ship shucked shellfish. (13) "Shucker-packer" or "SP" means a person who shucks and packs shellfish. A shucker-packer may act as a shell stock shipper or reshipper or may repack shellfish originating from other certified dealers. (14) "Wet storage" means the temporary storage of shell stock from growing areas in the approved classification or in the open status of the conditionally approved classification in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater.