2023 New York Laws › AGM - Agriculture and Markets › Article 17 - Adulteration, Packing, and Branding of Food and Food Products › 198 - Definitions.

§ 198. Definitions.  1.  The  terms  "food"  and  "food product" shall
include all articles of food, drink, confectionery or condiment, whether
simple, mixed or compound, used or intended for use by men  or  animals,
and shall also include all substances or ingredients to be added to food
for any purpose. This definition shall be construed as including chewing
gum.
2.  The  term  "person" includes individual, partnership, corporation,
and association.
3. The term "label" means a display of  written,  printed  or  graphic
matter  upon  the  immediate container of any article; and a requirement
made by or under authority of this chapter that any word, statement,  or
other  information  appear  on  the  label shall not be considered to be
complied with unless such word, statement,  or  other  information  also
appears  on  the  outside  container or wrapper, if any there be, of the
retail package of such article, or is easily legible through the outside
container or wrapper. The term "immediate container"  does  not  include
package liners.
4. The term "labeling" means all labels and other written, printed, or
graphic matter (a) upon an article or any of its containers or wrappers,
or (b) accompanying such article.
5.  The term "advertisement" means all representations disseminated in
any manner or by any means, other than by labeling, for the  purpose  of
inducing,  or  which  are  likely to induce, directly or indirectly, the
purchase of a food or food product.
6. The term "contaminated with filth" applies  to  any  food  or  food
product  not  securely  protected  from dust and dirt, insects and parts
thereof, and from all injurious contaminations.
7. The term "food additive" means any substance the  intended  use  of
which  results  or  may  reasonably  be  expected to result, directly or
indirectly, in its becoming  a  component  or  otherwise  affecting  the
characteristics of any food (including any substance intended for use in
producing,  manufacturing,  packing,  processing,  preparing,  treating,
packaging, transporting, or holding food; and including  any  source  of
ionizing  radiation intended for any such use), if such substance is not
generally recognized, among experts qualified by scientific training and
experience to evaluate its  safety,  as  having  been  adequately  shown
through  scientific  procedures  (or, in the case of a substance used in
food prior to  January  first,  nineteen  hundred  fifty-eight,  through
either  scientific  procedures  or  experience based on prolonged use in
food) to be safe under the conditions of its intended use;  except  that
such term does not include:
(a) a pesticide chemical in or on a raw agricultural commodity: or
(b)  a pesticide chemical to the extent that it is intended for use or
is used  in  the  production,  storage  or  transportation  of  any  raw
agricultural commodity: or
(c) a color additive: or
(d)  any  substance  used  in  accordance  with a sanction or approval
granted prior to the enactment  of  this  subdivision  pursuant  to  the
federal  food,  drug,  and  cosmetic  act,  the federal poultry products
inspection act, or the federal meat inspection act.
8. The term "pesticide chemical" means any substance which, alone,  in
chemical   combination,  or  in  formulation  with  one  or  more  other
substances, is an "economic poison" within the meaning  of  the  federal
insecticide,  fungicide,  and  rodenticide  act  as  now  in force or as
hereafter amended, and which is  used  in  the  production,  storage  or
transportation of raw agricultural commodities.
9.  The term "raw agricultural commodity" means any food in its raw or
natural  state,  including  all  fruits  that  are  washed,  colored  or
otherwise treated in their unpeeled natural form prior to marketing.
10. (a) The term "color additive" means a material which (1) is a dye,
pigment  or  other  substance  made by a process of synthesis or similar
artifice, or extracted, isolated or otherwise derived, with  or  without
intermediate  or  final  change  of  identity, from a vegetable, animal,
mineral or other source, and (2) when added or  applied  to  a  food  is
capable  (alone  or  through reaction with other substance) of imparting
color thereto: except that such term does not include any material which
the commissioner, by regulation, determines is used (or intended  to  be
used) solely for a purpose or purposes other than coloring.
(b) The term "color" includes black, white and intermediate grays.
(c) Nothing in paragraph (a) of this subdivision shall be construed to
apply  to  any  pesticide  chemical,  soil  or  plant nutrient, or other
agricultural chemical solely because of its effect in aiding,  retarding
or  otherwise  affecting,  directly  or  indirectly, the growth or other
natural physiological processes of  produce  of  the  soil  and  thereby
affecting its color, whether before or after harvest.
11.  "Game  or  wild  game"  means  any  deer or big game, or portions
thereof, as defined in section 11-0103 of the environmental conservation
law, taken by lawful hunting.