New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter G - Inspection of Meat, Meat Products and Poultry (Article 5-B Agriculture and Markets Law) › 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.
(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.
(e) -(f) [Reserved]
(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;
(r) -(u) [Reserved]
(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.
(bb) Misbranded. This term applies to any carcass, part
						thereof, meat or meat food product under one or more of the following
						circumstances:
(1) if its labeling is false or misleading in any
						particular;
(2) if it is offered for sale under the name of another
						food;
(3) if 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;
(4) if its container is so made, formed, or filled so as
						to be misleading;
(5) if in a package or other container unless it bears a
						label showing:
(i) the name and place of business of the manufacturer,
						packer or distributor; and
(ii) an accurate statement of the quantity of the
						contents in terms of weight, measure, or numerical count; except as otherwise
						provided in Part 317 of this Article with respect to the quantity of
						contents;
(6) if any word, statement, or other information required
						by or under authority of the law to appear on the label or other labeling is
						not prominently placed thereon with such conspiciousness (as compared with
						other words, statements, designs, or devices, in the labeling) and in such
						terms as to render it likely to be read and understood by the ordinary
						individual under customary conditions of purchase and use;
(7) it if purports to be or is represented as a food for
						which a definition and standard of identity or composition has been prescribed
						by the regulations in Part 319 of this Article unless:
(i) it conforms to such definition and standard;
						and
(ii) its label bears the name of the food specified in
						the definition and standard and, insofar as may be required by such
						regulations, the common name of ingredients (other than spices, flavoring, and
						coloring) present in such food;
(8) if it purports to be or is represented as a food for
						which a standard or standards of fill or container have been prescribed by the
						regulations in Part 319 of this Article, and it falls below the standard of
						fill of container applicable thereto, unless its label bears, in such manner
						and form as such regulations specify, a statement that it falls below such
						standard:
(9) if it is not subject to the provisions of paragraph
						(7) of this subdivision unless its label bears:
(i) the common or usual name of the food, if any there
						be; and
(ii) in case it is fabricated from two or more
						ingredients, the common or usual name of each such ingredient, except as
						otherwise provided in Part 317 of this Article;
(10) if it purports to be or is represented for special
						dietary uses, unless its label bears such information concerning its vitamin,
						mineral, and other dietary properties as is required by the regulations in Part
						317 of this Article; or
(11) if it bears or contains any artificial flavoring,
						artificial coloring, or chemical preservative, unless it bears a label stating
						that fact; except as otherwise provided by the regulations in Part 317 of this
						Article; or
(12) if it fails to bear, directly thereon or on its
						containers, when required by the regulations in Part 316 or 317 of this
						Article, the inspection legend and, unrestricted by any of the foregoing, such
						other information as the commissioner may require in such regulations to assure
						that it will not have false or misleading labeling and that the public will be
						informed of the manner of handling required to maintain the article in a
						wholesome condition.
(cc) Label. A display of written, printed, or graphic
						matter upon the immediate container (not including package liners) of any
						article.
(dd) Labeling. All labels and other written, printed, or
						graphic matter;
(1) upon any article or any of its containers or
						wrappers; or
(2) accompanying such article.
(r) -(u) [Reserved]
(ff) Pesticide chemical, food additive, color additive,
						raw agricultural commodity. These terms shall have the same meanings for
						purposes of the law and the regulations in this Article as under the Federal
						Food, Drug, and Cosmetic Act.
(gg) Animal or livestock. Cattle, sheep, swine, goat,
						horse, mule, or other equine.
(hh) Carcass. All parts, including viscera, of any
						slaughtered livestock.
(ii) Meat. The part of the muscle of any cattle, sheep,
						swine, or goats, which is skeletal or which is found in the tongue, in the
						diaphragm, in the heart, or in the esophagus, with or without the accompanying
						and overlying fat, and the portions of bone, skin, sinew, nerve, and blood
						vessels which normally accompany the muscle tissue and which are not separated
						from it in the process of dressing. It does not include the muscle found in the
						lips, snout, or ears. This term, as applied to the products of equines, shall
						have a meaning comparable to that provided in this subdivision with respect to
						cattle, sheep, swine and goats.
(jj) Meat by-products. Any part capable for use as human
						food, other than meat, which has been derived from one or more cattle, sheep,
						swine, or goats. This term, as applied to products of equines, shall have a
						meaning comparable to that provided in this subdivision with respect to cattle,
						sheep, swine, and goats.
(kk) Meat food product. Any article capable of use as
						human food which is made wholly or in part from any meat or other portion of
						the carcass of any cattle, sheep, swine, or goats, except those exempted from
						definition as a meat food product by the commissioner in specific cases or by
						the regulations in Part 317 of this Article, upon a determination that they
						contain meat or other portions of such carcasses only in a relatively small
						proportion or historically have not been considered by consumers as products of
						the meat food industry, and provided that they comply with any requirements
						that are imposed in such cases or regulations as conditions of such exemptions
						to assure that the meat or other portions of such carcasses contained in such
						articles are not adulterated and that such articles are not represented as meat
						food products. This term, as applied to food products of equines, shall have a
						meaning comparable to that provided in this subdivision with respect to cattle,
						sheep, swine, and goats.
(ll) Product. Any carcass, meat, meat by-product, or meat
						food product, capable of use as human food.
(mm) Immediate container. The receptacle or other
						covering in which any product is directly contained or wholly or partially
						enclosed.
(nn) Shipping container. The outside container (box, bag,
						barrel, crate, or other receptacle or covering) containing or wholly or partly
						enclosing any product packed in one or more immediate containers.
(oo) Biological residue. Any substance, including
						metabolites, remaining in livestock at time or slaughter or in any of its
						tissues after slaughter as the result of treatment or exposure of the livestock
						to a pesticide, organic or inorganic compound, hormone, hormone-like substance,
						growth promoter, antibiotic, anthelmintic, tranquilizer, or other therapeutic
						or prophylactic agent.
(pp) Experimental animal. Any animal used in any research
						investigation involving the feeding or other administration of, or subjection
						to, an experimental biological product, drug, or chemical or any
						nonexperimental biological product, drug or chemical used in a manner for which
						it was not intended.
(qq) Dead livestock. The body (cadaver) of livestock
						which has died otherwise than by slaughter.
(rr) Dying, diseased, or disabled livestock. Livestock
						which has or displays symptoms of having any of the following:
(1) central nervous system disorder;
(r) -(u) [Reserved]
(3) difficult breathing;
(4) abnormal swellings;
(5) lack of muscular coordination;
(6) inability to walk normally or stand; and
(7) any of the conditions for which livestock is required
						to be condemned on antemortem inspection in accordance with the regulations in
						Part 309 of this Article.
(ss) Supervision. The controls, as prescribed in
						instructions to department employees, to be exercised by them over particular
						operations to insure that such operations are conducted in compliance with the
						law and the regulations in this Article.
(tt) Further processing. Smoking, cooking, canning,
						curing, refining, or rendering in an official establishment of product
						previously prepared in official establishments.
(uu) Artificial flavoring. A flavoring containing any
						sapid or aromatic constituent which constituent was manufactured by a process
						of synthesis or other similar artifice.
(vv) Artificial coloring. A coloring containing any dye
						or pigment, which dye or pigment was manufactured by a process of synthesis or
						other similar artifice, or a coloring which was manufactured by extracting a
						natural dye or natural pigment from a plant or other material in which such dye
						or pigment was naturally produced.
(ww) Chemical preservative. Any chemical that, when added
						to a meat or meat food product, tends to prevent or retard deterioration
						thereof, but does not include common salt, sugars, vinegars, spices, or oils
						extracted from spices or substances added to meat and meat food products by
						exposure to wood smoke.
(xx) Farm dressed meat. Meat from animals slaughtered by
						a bona fide farmer who, as an incident of such farm operation, slaughters his
						own domestic animals on his own premises exclusively for use, in his household,
						by him and members of his household and his nonpaying guests and
						employees.
(yy) Custom slaughtered meat. Meat from animals which
						have been slaughtered by a custom slaughterer for the owner exclusively for
						use, in the household of such owner, by him and members of his household and
						his nonpaying guests and employees.
(zz) Custom meat by-product. Any edible part other than
						meat which is derived from animals slaughtered by a custom slaughterer or by a
						farmer for his own use, and which product is produced or prepared for the owner
						exclusively for use, in the household of such owner, by him and members of his
						household and his nonpaying guests and employees. This term shall apply only to
						those parts which have not been manufactured, cured, smoked, processed or
						otherwise treated.
(aaa) Custom slaughterer. A person granted a custom
						slaughter permit pursuant to the provisions of section 96-c  of the Agriculture and Markets
						Law.
(bbb) Custom processor. A person granted a custom
						processor permit pursuant to the provisions of section 96-j(2) of the
						law.
(ccc) Custom processing. Boning, cutting up, salting,
						curing, smoking, heat treating, rendering, canning and other manufacturing of
						farm dressed meat, custom slaughtered meat, or custom meat by-product.
(ddd) Custom processed product. Any farm dressed meat,
						custom slaughtered meat or custom meat by-product which has been custom
						processed.
Other definitions, if any, that are applicable only for
						purposes of a specific Part of the regulations in this Article, are set forth
						in such Part.