Subpart A
The Assistant Secretary is the Assistant Secretary of Labor for Occupational Safety and Health or anyone the Assistant Secretary delegates authority to under FSMA. See the definition at 1987.101(a) and the overall part at 1987.
Business days are days other than Saturdays, Sundays, and Federal holidays. Use business days for counting time limits in these procedures as defined in 1987.101(b) and the broader rule at 1987.
A complainant is the employee who filed the FSMA complaint or the person on whose behalf a complaint was filed. See the plain definition in 1987.101(c) and the part summary at 1987.
A covered entity is any organization engaged in manufacture, processing, packing, transporting, distribution, reception, holding, or importation of food. That full list is the definition in 1987.101(d) and is part of the overall procedures at 1987.
An employee includes someone currently or formerly working for a covered entity, someone applying to work for a covered entity, or anyone whose employment could be affected by a covered entity. See the definition at 1987.101(e) and the part overview at 1987.
"FD &C" stands for the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq. This statutory citation is defined in 1987.101(f) and used throughout the part at 1987.
"FDA" means the Food and Drug Administration of the U.S. Department of Health and Human Services. See the straightforward definition at 1987.101(g) and the part context at 1987.
"Food" means articles used for food or drink for people or animals, chewing gum, and articles used as components of any such articles. See the complete definition at 1987.101(h) and the part overview at 1987.
FSMA refers to section 402 of the FDA Food Safety Modernization Act, Public Law 111–353 (codified at 21 U.S.C. 399d). That statutory definition is provided in 1987.101(i) and the part is summarized at 1987.
In this part, "OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor. See the definition at 1987.101(j) and the part context at 1987.
The term "person" includes an individual, partnership, corporation, and association. That inclusive definition is in 1987.101(k) and applies in the procedures at 1987.
The respondent is the employer named in the complaint who is alleged to have violated FSMA. See the clear definition at 1987.101(l) and the part overview at 1987.
The "Secretary" means the Secretary of Labor or any person to whom the Secretary has delegated authority under FSMA. That definition appears in 1987.101(m) and relates to the procedures at 1987.
Any future statutory amendments that change a defined term will automatically replace the definition in this section. See the clause in 1987.101(n) and the broader part at 1987.
Yes — an applicant can be considered an "employee" because the definition explicitly includes an individual applying to work for a covered entity. See the applicant-inclusive definition at 1987.101(e) and the overall part at 1987.
Yes — the definition of "covered entity" specifically lists transporting and importation among the activities that make an organization covered. See the full list in 1987.101(d) and the part overview at 1987.
No — Saturdays are not business days; business days exclude Saturdays, Sundays, and Federal holidays. See the definition in 1987.101(b) and the part context at 1987.
Yes — an association is explicitly included in the definition of "person," so associations are treated as persons under these procedures. See 1987.101(k) and the part at 1987.
Yes — a former worker can be a complainant because the definitions include employees who formerly worked for a covered entity and define a complainant as the employee who filed or on whose behalf a complaint was filed. See 1987.101(e) and 1987.101(c) and the overall part at 1987.
Yes — the definition expressly includes articles used as components of food products in addition to items used directly for food or drink and chewing gum. See the full definition at 1987.101(h) and the part summary at 1987.