3-2151. Definitions

In this article, unless the context otherwise requires:

1. " Adulterated" shall apply to any poultry product under one or more of the following circumstances if:

(a) It bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, such article shall not be considered adulterated if the quantity of such substance in or on such article does not ordinarily render it injurious to health.

(b) It bears or contains, by reason of administration of any substance to the live poultry or otherwise, any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive which may in the judgment of the director or the director s authorized representative make such article unfit for human food.

(c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the federal food, drug and cosmetic act, any food additive which is unsafe within the meaning of section 409 of the federal food, drug and cosmetic act or any color additive which is unsafe within the meaning of section 706 of the federal food, drug and cosmetic act. An article which is not otherwise deemed adulterated under this subdivision shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by rules of the director in official establishments.

(d) It consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.

(e) It has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(f) It is in whole or in part the product of any poultry which has died otherwise than by slaughter.

(g) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

(h) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the federal food, drug and cosmetic act.

(i) Any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

2. " Animal food manufacturer" means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or parts or products of the carcasses of poultry.

3. " Capable of use as human food" shall apply to any carcass or part or product of a carcass of any poultry, unless it is denatured or otherwise identified as required by rules prescribed by the director to deter its use as human food, or it is naturally inedible by humans.

4. " Container" or " package" includes any box, can, tin, cloth, plastic or other receptacle, wrapper or cover.

5. " Federal food, drug and cosmetic act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto.

6. " Federal poultry products inspection act" means the act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the wholesome poultry products act (82 Stat. 791).

7. " Fresh" means any dressed or ready to cook poultry or poultry product which has not been frozen.

8. " Frozen" means any dressed or ready to cook poultry or poultry product which is in fact in a frozen state and which has been constantly maintained at a temperature of thirty-two degrees Fahrenheit or lower.

9. " Immediate container" includes any consumer package, or any other container in which poultry products, not consumer packaged, are packed.

10. " Intrastate commerce" means commerce within this state.

11. " Label" means a display of written, printed or graphic matter upon any article or the immediate container, not including package liners, of any article.

12. " Labeling" means all labels and other written, printed or graphic matter upon any article or any of its containers or wrappers or accompanying such article.

13. " Misbranded" shall apply to any poultry product under one or more of the following circumstances, if:

(a) Its labeling is false or misleading in any particular.

(b) It is offered for sale under the name of another food.

(c) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word " imitation" and immediately thereafter the name of the food imitated.

(d) Its container is so made, formed or filled as to be misleading.

(e) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rules of the director under section 3-2155 unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food.

(f) It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the director under section 3-2155, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rules specify, a statement that it falls below such standard.

(g) It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by rules of the director.

(h) It fails to bear on its containers, and in the case of nonconsumer packaged carcasses if the director so requires directly thereon, as the director may by rules prescribe, the official inspection legend and official establishment number of the establishment where the article was processed.

14. " Official certificate" means any certificate prescribed by rule of the director for issuance by an inspector or other person performing official functions.

15. " Official device" means any device prescribed or authorized by the director for use in applying any official mark.

16. " Official establishment" means any establishment as determined by the division at which inspection of the slaughter of poultry or the processing of poultry products is maintained.

17. " Official inspection legend" means any symbol prescribed by rule of the director showing that an article was inspected for wholesomeness.

18. " Official mark" means the official inspection legend or any other symbol prescribed by rule of the director to identify the status of any article or poultry.

19. " Person" means any individual, partnership, corporation, association or other business unit.

20. " Pesticide chemical" , " food additive" , " color additive" and " raw agricultural commodity" shall have the same meanings as under the federal food, drug and cosmetic act.

21. " Poultry" means any domesticated bird, whether live or dead, and includes chickens, turkeys, ducks, geese, guineas, ratites and squabs.

22. " Poultry product" means any poultry carcass, or part thereof, or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the director from definition as a poultry product under such conditions as the director may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.

23. " Poultry products broker" means any person engaged in the business of buying or selling poultry products on commission or otherwise negotiating purchases or sales of such articles other than for the person s own account or as an employee of another person.

24. " Processed" means slaughtered, canned, salted, stuffed, rendered, boned, cut up or otherwise manufactured or processed.

25. " Renderer" means any person engaged in the business of rendering carcasses or parts or products of the carcasses of poultry, except rendering conducted under inspection or exemption under this chapter.

26. " Shipping container" means any container used or intended for use in packaging the product packed in an immediate container.