New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter H - Unit Pricing › Article 1 - MEAT AND MEAT PRODUCTS › Part 301 - DEFINITIONS › Section 301.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Article, unless otherwise required by the
						context, the following terms shall be construed, respectively, to mean:
(a)
The law.
Article 5 -B, Inspection and Sale of Meat, as added by
						chapter 324 of the Laws of 1962 and article 5-C, Licensing of Rendering Plants,
						as added by chapter 391 of the Laws of 1968, of the Agriculture and Markets
						Law, and all acts amendatory thereof or supplementary thereof.
(b)
The department.
The New York State Department of Agriculture and
						Markets.
(c)
Commissioner.
The Commissioner of Agriculture and Markets of the State
						of New York or his delegate.
(d)
The Federal Meat Inspection
					 Act.
The Federal Meat Inspection Act of March 4, 1907, 34
						Stat. 1260, as amended by the Wholesome Meat Act of 1967, 81 Stat. 584
						(21
						U.S.C., sec. 601
seq.
).
(e)-(f) [Reserved]
(g)
Inspector.
An inspector of the department.
(h)
Department employee.
Any inspector or other individual employed by the
						department who is authorized by the commissioner to do any work or perform any
						duty in connection with the law.
(i)
Official establishment.
Any slaughtering, cutting, boning, meat canning, curing,
						smoking, salting, packing, rendering, or similar establishment at which
						inspection is maintained under the regulations in this
						Article.
(j)
Officer
					 in charge.
The officer in charge of a region.
(k)
Region.
One or more official establishments included under the
						supervision of an officer in charge.
(l)
Person.
Any individual, firm, or corporation.
(m)
Firm.
Any partnership, association, or other unincorporated
						business organization.
(n)
Meat broker.
Any person engaged in the business of buying or selling
						carcasses, parts of carcasses, meat or meat food products or livestock on
						commission, or otherwise negotiating purchases or sales of such articles other
						than for his own account or as an employee of another person.
(o)
Renderer.
Any person engaged in the business of rendering carcasses
						or parts or products of the carcasses of any livestock except rendering
						conducted under inspection or exemption under the law.
(p)
Animal food.
Any article intended for use as food for dogs, cats, or
						other animals derived wholly, or in part, from the carcass or parts or products
						of the carcass of any livestock, except that the term
animal
						food
as used herein does not include livestock and poultry feeds
						manufactured from processed animal by-products (such as meatmeal, tankage, meat
						and bonemeal, bloodmeal, and feed grade animal fat).
(q)
Animal food manufacturer.
Any person engaged in the business of manufacturing or
						processing animal food except manufacture of livestock and poultry feeds with
						respect to any activity of acquiring or using processed animal by-products
						(such as meat meal tankage, meat and bonemeal, bloodmeal, and feed grade animal
						fats) in the manufacture of such feeds.
(r)-(u) [Reserved]
(v)
Capable of use as human
					 food.
This term applies to any carcass, or part or product of a
						carcass, of any livestock, unless it is denatured or otherwise identified as
						required by the applicable provisions of 314.3, 314.10, 325.11, 325.13 of this
						Article to deter its use as a human food, or it is naturally inedible by
						humans; e.g., hoofs or horns in their natural state.
(w)
Edible.
Intended for use as human food.
(x)
Inedible.
Adulterated, uninspected, or not intended for use as
						human food.
(y)
Prepared.
Slaughtered, canned, salted, rendered, boned, cut up, or
						otherwise manufactured or processed.
(z)
Cutting up.
Any division of any carcass or part thereof, except that
						the trimming of carcasses or parts thereof to remove surface contaminants is
						not considered as cutting up.
(aa)
Adulterated.
This term applies to any carcass, part thereof, meat or
						meat food product under one or more of the following circumstances:
(1) if 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 under this clause if the quantity of such substance in or on such
					 article does not ordinarily render it injurious to health;
(2)
(i) if
					 it bears or contains (by reason of administration of any substance to the live
					 animal or otherwise) any added poisons or added deleterious substance (other
					 than one which is [
a
] a pesticide chemical in or on a raw
					 agricultural commodity; [
b
] a food additive; or
					 [
c
] a color additive) which may, in the judgment of the
					 commissioner, make such article unfit for human food;
(ii) if 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;
(iii) if it
					 bears or contains any food additive which is unsafe within the meaning of
					 section 409 of the Federal Food, Drug and Cosmetic Act;
(iv) if it bears or contains any color
					 additive which is unsafe within the meaning of section 706 of the Federal Food,
					 Drug and Cosmetic Act: provided, that an article which is not deemed
					 adulterated under subparagraph (ii), (iii), or (iv) of this paragraph shall
					 nevertheless be deemed adulterated if use of the pesticide chemical, food
					 additive, or color additive in or on such article is prohibited by the
					 regulations in this Article in official establishments;
(3) if 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;
(4) if it has been prepared, packed, or held
					 under insanitary conditions whereby it may have become contaminated with filth,
					 or whereby it may have been rendered injurious to health;
(5) if it is, in whole or in part, the
					 product of an animal which has died otherwise than by slaughter;
(6) if its container is composed, in whole or
					 in part, of any poisonous or deleterious substance which may render the
					 contents injurious to health;
(7)
					 if 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;
(8) if 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 therefore; 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;
					 or,
(9) if it is margarine
					 containing animal fat and any of the raw material used therein consisted in
					 whole or in part of any filthy, putrid, or decomposed substance or is otherwise
					 adulterated.