Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 023 - MEAT INSPECTION DIVISION › Chapter 001 - INSPECTION OF MEAT AND POULTRY PRODUCTS › Section 20 023 001 - INSPECTION OF MEAT AND POULTRY PRODUCTS

Current through June, 2024
Part
			 301 MEANING OF TERMS AND DEFINITIONS
Section 301.1 Meaning of terms
As used in this subchapter, unless otherwise required
				by the context, the singular form shall also import the plural and
				the masculine form shall also import the feminine, and vice
				versa.
Section
			 301.2 Definitions
As used in these regulations, except as otherwise
				specified, the following terms shall have the meaning stated
				below:
(A) The Act. The
			 Vermont Meat and Poultry Inspection Act, 6 V.S.A., Chapter
			 204.
(B) Adulterated
			 shall apply to any livestock product or poultry product under one or
			 more of the following circumstances:
(1) if it contains any poisonous or
			 harmful substance which may render it injurious to health, the
			 product shall not be considered adulterated under this definition if
			 the quantity of the substance in or on the product does not
			 ordinarily render it injurious to health;
(2) if it contains any poisonous or
			 harmful substance which may, in the judgment of the commissioner,
			 make the product injurious to health;
(3) if it is a raw agricultural
			 commodity and the commodity contains a pesticide chemical which is
			 unsafe within the meaning of section 408 of the Federal Food, Drug,
			 and Cosmetic Act;
(4) if
			 it contains any food additive which is unsafe within the meaning of
			 section 409 of the Federal food, Drug, and Cosmetic Act;
(5) if it contains any color
			 additive which is unsafe within the meaning of section 706 of the
			 Federal Food, Drug, and Cosmetic Act. A product which is not
			 otherwise deemed adulterated under subdivisions (3), (4), and (5)
			 shall be deemed adulterated if use of the pesticide chemical, food
			 additive, or color additive in or on the product is prohibited by
			 rules of the commissioner in official, or licensed
			 establishments;
(6) if it
			 consists of any filthy, putrid or decomposed substance or is unsound,
			 unhealthful, unwholesome, or otherwise unfit for human
			 food;
(7) if it has been
			 prepared, packed, or held under unsanitary conditions where it may
			 have become contaminated with filth, or where it may have been
			 rendered injurious to health;
(8) if it is the product of an
			 animal, including poultry, which has died in a manner other than by
			 slaughter;
(9) if its
			 container is composed of any poisonous or harmful substance which may
			 render the contents injurious to health.
(10) if it has been 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;
(11) if any valuable constituent
			 has been omitted or abstracted; or if any substance has been
			 substituted, wholly or in part; or if damage or inferiority has been
			 concealed in any manner; or if any substance has been added or mixed
			 or packed 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
(12) if it is
			 margarine containing animal fat and any of the raw material used
			 consisted of any filthy, putrid, or decomposed substance.
(C) Anesthesia. The loss
			 of sensation or feeling.
(D) Animal food. Any article
			 intended for use as food for poultry, dogs, cats, or other animals
			 derived wholly, or in part, from the carcass or parts of products of
			 the carcass of any livestock.
(E) Animal food manufacturer. Means
			 any person engaged in the business of preparing animal, including
			 poultry, food derived wholly or in part from livestock or poultry
			 carcasses or parts or products of carcasses.
(F) 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.
(G)
			 Artificial flavoring. A flavoring containing any sapid or aromatic
			 constituent, which constituent was manufactured by a process of
			 synthesis or other similar artifice.
(H) Biological residue. Any
			 substance, including metabolites, remaining in livestock at time of
			 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.
(I)
			 Broker. Means any person engaged in the business of buying or selling
			 livestock products or poultry products for other persons on
			 commission, or otherwise negotiating purchases or sales of these
			 products other than for his or her own account or as an employee of
			 another person.
(J)
			 Capable of use as human food. Shall apply to any livestock or poultry
			 carcass, or part or product of any livestock or poultry carcass,
			 unless it is denatured or otherwise identified as required by rules
			 prescribed by the commissioner to deter its use as human food, or
			 which is naturally inedible by humans.
(K) Captive bolt. A stunning
			 instrument which when activated drives a bolt out of a barrel for a
			 limited distance.
(L)
			 Carbon dioxide. A gaseous form of the chemical formula CO2.
(M) Carbon dioxide concentration.
			 Ratio of carbon dioxide gas and atmospheric air.
(N) Carcass. All parts, including
			 viscera, of any slaughtered livestock.
(O) 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.
(P) Commerce. To
			 carry or trade.
(Q)
			 Commercial processor. Means any person who maintains an establishment
			 under these regulations for the purpose of processing livestock,
			 meat, meat food product, poultry, or poultry product other than for
			 the exclusive use in the household of the owner of the commodity, by
			 him or her and members of his or her household and his or her
			 nonpaying guests and employees.
(R) Commercial slaughterhouse.
			 Means any person engaged in the business of slaughtering livestock or
			 poultry other than as a custom slaughterer.
(S) Commissioner. Means the
			 commissioner of the Vermont department of agriculture or his or her
			 designee.
(T)
			 Consciousness. Responsiveness of the brain to the impressions made to
			 the senses.
(U) Consumer.
			 One who acquires goods or services; a buyer.
(V) Container-Package. Means any
			 box, can, tin, cloth, plastic, or other receptacle, wrapper, or
			 cover.
(W) Custom
			 processor. Means any person who maintains an establishment under
			 these regulations for the purpose of processing livestock, meat, meat
			 food product, poultry, or poultry product exclusively for use, in the
			 household of the owner of the commodity, by him or her and members of
			 his or her household and his or her nonpaying guests and
			 employees.
(X) Custom
			 slaughterhouse or custom slaughterer. Means a person who maintains a
			 slaughter establishment under these regulations for the purpose of
			 slaughtering livestock or poultry for another persons exclusive use
			 by him or her and members of his or household and his or her
			 nonpaying guests and employees and who is not engaged in the business
			 of buying or selling carcasses, parts of carcasses, meat or meat food
			 products of any cattle, sheep, swine, goats, equines, or poultry,
			 capable of use as human food.
(Y) 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.
(Z) Dead
			 livestock. The body (cadaver) of livestock which has died otherwise
			 than by slaughter.
(AA)
			 The Department. The Vermont Department of Agriculture.
(BB) Dying, diseased, or disabled
			 livestock. Livestock which has or displays symptoms of having any of
			 the following:
(1) Central nervous
			 system disorder;
(2)
			 Abnormal temperature (high or low);
(3) Difficult breathing;
(4) Abnormal swellings;
(5) Lack of muscular
			 coordination;
(6)
			 Inability to walk normally or stand;
(7) Any of the conditions for which
			 livestock is required to be condemned on ante-mortem inspection in
			 accordance with the regulations in Part 309 of these
			 regulations.
(CC) Edible. Intended for use as
			 human food.
(DD)
			 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.
(EE) Exposure time. The period of
			 time an animal is exposed to an anesthesia-producing carbon dioxide
			 concentration.
(FF)
			 Federal Food, Drug, and Cosmetic Act. Means the Act so entitled,
			 approved June 25, 1938 (52Stat. 1040), and amendatory or
			 supplementary acts. It shall include as part of its meaning the
			 "Vermont Food, Drug, Cosmetic and Hazardous Substance Labeling Act"
			 18 V.S.A. chapter 82, rules promulgated under that chapter and
			 amendatory or supplementary acts, where not inconsistent with the
			 "Federal Food, Drug, and Cosmetic Act."
(GG) Federal Meat Inspection Act.
			 Means the Act so entitled approved March 4, 1907 (34 Stat. 1260), as
			 amended by the Wholesome Meat Act (81 Stat.584); the term "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); and the term "Federal Acts" means these
			 two federal laws.
(HH)
			 Further processing. Smoking, cooking, canning, curing, refining, or
			 rendering in an official establishment of product previously in
			 official establishments.
(II) Handler of dead, dying,
			 disabled, or diseased animals. Means any person who buys, sells,
			 transports, or otherwise handles any animal which died other than by
			 slaughter, or any animal which displays symptoms defined in section
			 301.2(BB) of these regulations.
(JJ) Head of service. Means the
			 person designated by the commissioner to be in charge of the
			 day-to-day operations of the Vermont meat and poultry inspection and
			 licensing program established by the "Act".
(KK) Immediate container. Means any
			 consumer package, or any other container in which livestock products
			 or poultry products, not consumer packaged, are packed.
(LL) Inedible. Adulterated,
			 uninspected, or not intended for use as human food.
(MM) Inhumane slaughter or handling
			 in connection with slaughter. Slaughter or handling in connection
			 with slaughter not in accordance with the Act of August 27, 1958 (72
			 Stat. 862;
			 7 U.S.C.
			 1901 -
			 1906,
			 as amended by the Humane Methods of Slaughter Act of 1978, 92 Stat.
			 1069) and Part 313 of these regulations.
(NN) Inspector. Means an employee
			 or official of the state of Vermont authorized by the commissioner or
			 any employee or official of the federal government or of any other
			 governmental entity of this state, authorized by the commissioner to
			 perform any inspection functions under the Act under an agreement
			 between the commissioner and the governmental entity.
(OO) Inspector in Charge. Inspector
			 in Charge is an inspector of the Vermont Meat and Poultry Inspection
			 Service on duty in any licensed meat or poultry plant or the
			 inspector assigned to training or supervising duties if more than one
			 inspector is on duty in a plant.
(PP) Intrastate commerce. Means any
			 commerce within this state.
(QQ) Label. Means a display of
			 written, printed, or graphic matter upon any product or the immediate
			 container not including package liners, of any product.
(RR) Labeling. Means all labels and
			 other written, printed, or graphic matter:
(1) upon any product or any of its
			 containers or wrappers; or
(2) accompanying the
			 product.
(SS)
			 Licensed establishment. Means any person required to hold a license
			 under section 3306 of the Act.
(TT) Livestock. Means any cattle,
			 sheep, swine, goats, horses, mules or other equines, whether live or
			 dead.
(UU) Livestock
			 product. Means any carcass, or part of a carcass, meat or meat food
			 product of any livestock.
(VV) Meat. Means the part of the
			 muscle of any cattle, sheep, swine, goats, horses, mules or other
			 equine 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, blood vessels which normally accompany the muscle
			 tissue and which does not include the muscle found in the lips,
			 snout, or ears.
(WW) Meat
			 byproduct. Any part capable of 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 paragraph with respect to
			 cattle, sheep, swine, and goats.
(XX) Meat food product and meat
			 product. Means any product 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, excepting products which are
			 exempted from definition as a meat food product by the commissioner
			 under conditions which he or she may prescribe to assure that the
			 meat or other portions of carcass contained in products are
			 unadulterated and that products 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.
(YY) Meat and Poultry Inspection
			 Service. The Vermont Department of Agriculture Meat and Poultry
			 Inspection Service.
(ZZ)
			 Misbranded. Shall apply to any livestock product or poultry product
			 under one or more of the following circumstances:
(1) if its labeling is false or
			 misleading in any way;
(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 made, formed, or filled as to be
			 misleading;
(5) unless it
			 bears a label showing (1) the name and place of business of the
			 manufacturer, packer, or distributor; and (ii) an accurate statement
			 of the quantity of the product in terms of weight, measure, or
			 numerical count; provided, that under this subdivision quantity of
			 the product in terms of weight, measure, or numerical count;
			 provided, that under this subdivision (5), exemptions as to livestock
			 products not in containers may be established by rules prescribed by
			 the commissioner and provided, further that under subdivision (ii) of
			 this subdivision (5), reasonable variations may be permitted, and
			 exemptions as to small packages may be established for livestock
			 products or poultry products by rule prescribed by the
			 commissioner;
(6) if any
			 word, statement, or other information required by or under authority
			 of the Act to appear on the label or other labeling is not
			 prominently placed with such conspicuousness as compared with other
			 words, statements, designs, or devices, in the labeling and in the
			 terms as to render it likely to be read and understood by the
			 ordinary individual under customary conditions of purchase and
			 use;
(7) if it is
			 represented as a food for which a definition and standard of identity
			 or composition has been prescribed by the rules of the commissioner
			 under section 3305 of the Act unless:
(i) it conforms to the 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 rules, the common names
			 of optional ingredients other than spices, flavorings, and coloring
			 present in the food;
(8) if it is represented as a food
			 for which a standard or standards of fill of container have been
			 prescribed by rules of the commissioner under section 3305 of the Act
			 and it falls below the standard of fill of container, unless its
			 label bears, in such manner and form as the rules specify, a
			 statement that it falls below the standard;
(9) if it is not subject to the
			 provisions of subdivision (8), unless its label bears:
(i) the common or usual name of the
			 food, if any; and
(ii) in
			 case it is fabricated from two or more ingredients, the common name
			 of each ingredient, except that spices, flavorings, and colorings
			 may, when authorized by the commissioner, be designated as spices,
			 flavorings, and colorings without naming each; provided, that to the
			 extent that compliance with the requirements of subdivision (ii) of
			 this subdivision
(9) is impracticable, or results in
			 deception or unfair competition, exemptions shall be established by
			 rules promulgated by the commissioner;
(10) if it is represented for
			 special dietary uses, unless its label bears such information
			 concerning its vitamin, mineral, and other dietary properties as the
			 commissioner determines to be, and by rules prescribe as, necessary
			 in order to fully inform purchasers as to its value for these
			 uses;
(11) if it contains
			 any artificial flavorings, artificial coloring or chemical
			 preservative, unless it has a label stating that fact; provided, that
			 to the extent that compliance with the requirements of this
			 subdivision (11) is impracticable, exemptions shall be established by
			 rules promulgated by the commissioner;
(12) if it fails to have, directly
			 on its containers, as the commissioner may by rules prescribe, the
			 official inspection legend and establishment number of the
			 establishment where the product was prepared, and unrestricted by any
			 of the foregoing, such other information as the commissioner may
			 require in rules 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 product in a wholesome
			 condition.
(AAA) Nonfood compound. Any
			 substance proposed for use in official establishments, the intended
			 use of which will not result, directly or indirectly in the substance
			 becoming a component or otherwise affecting the characteristics of
			 meat and meat food products, excluding labeling and packaging
			 materials as covered by Part 317 of these regulations.
(BBB) Official certificate. Means
			 any certificate prescribed by rules of the commissioner for issuance
			 by an inspector or other person performing official functions under
			 the Act.
(CCC) Official
			 device. Means any device prescribed or authorized by the commissioner
			 for use in applying any official mark.
(DDD) Official establishment. Means
			 any establishment as determined by the commissioner at which
			 inspection of the slaughter of livestock or poultry or the
			 preparation of livestock products or poultry products is maintained
			 under the authority of the Act.
(EEE) Official inspection legend.
			 Means any symbol prescribed by rules of the commissioner showing that
			 a product was inspected and passed in accordance with the
			 Act.
(FFF) Official mark.
			 Means the official inspection legend or any other symbol prescribed
			 by rules of the commissioner to identify the status of any product of
			 livestock or poultry under the Act.
(GGG) Packaging material. Any
			 cloth, paper, plastic, metal or other material used to form a
			 container, wrapper, label, or cover for meat or poultry
			 products.
(HHH) Person.
			 Includes any individual, partnership, corporation, association, or
			 other business unit, and any officer, agent or employee.
(III) Pesticide chemical, food
			 additive, color additive and raw agricultural commodity. Shall have
			 the same meanings for purposes of these regulations as under the
			 Federal Food, Drug, and Cosmetic Act.
(JJJ) Poultry. Means any
			 domesticated bird, whether live or dead.
(KKK) Poultry products. Means any
			 poultry carcass or part of a carcass; or any product which is made
			 wholly or in part from any poultry carcass or part of a carcass,
			 excepting products which are exempted by the commissioner from
			 definition as a poultry product under conditions which he or she may
			 prescribe to assure that the poultry ingredients in products are not
			 adulterated and that these products are not represented as poultry
			 products.
(LLL) Prepared.
			 Means slaughtered, canned, salted, stuffed, rendered, boned, cut up,
			 or otherwise manufactured or processed.
(MMM) Product. Any carcass, meat,
			 meat by product, or meat food product, capable of use as human
			 food.
(NNN) Protective
			 covering. Means wrapping intended solely to protect the product
			 against soiling or excessive drying during transportation of storage;
			 the protective covering shall bear no information except company
			 brand names, trade marks, or code numbers which do not include any
			 information required by section 317.2.
(OOO) Public warehouseman. Means
			 any person who acts as a temporary custodian of meat, meat food
			 products, or poultry products stored in that person's warehouse for a
			 fee.
(PPP) Reinspection.
			 Includes inspection of the preparation of livestock products and
			 poultry products, as well as re-examination of products previously
			 inspected.
(QQQ)
			 Renderer. Means any person engaged in the business of rendering
			 livestock or poultry carcasses, or parts of products of carcasses,
			 except rendering conducted under inspection or exemption under these
			 regulations.
(RRR) Retail
			 vendor. Means any person who sells, displays, advertises for sale,
			 offers for sale, or has available for sale meat, meat food products
			 and/or poultry products for purchase by consumers. Retail vendors
			 include persons who operate stores, sell or attempt to sell to
			 consumers at their homes, or otherwise sell, display, advertise,
			 offer or have available for sale, meat food products and/or poultry
			 products at retail for purchase by consumers.
(SSS) Service. The Meat and Poultry
			 Inspection Service established by the Act.
(TTT) Service employee. Any
			 inspector or other individual employed by the department or any
			 cooperating agency who is authorized by the commissioner to do any
			 work or perform any duty in connection with the Service.
(UUU) Shipping container. Means any
			 container used or intended for use in packaging the product packed in
			 an immediate container.
(VVV) Supervising veterinarian. The
			 supervising veterinarian of the Meat and Poultry Inspection Service.
			 A veterinarian who is a graduate of a school of veterinary medicine,
			 which is approved by the American Veterinary Medical Association, and
			 who has been appointed by the Commissioner of Agriculture to
			 supervise inspections.
(WWW) Supervision. The controls, as
			 prescribed in instructions to service employees, to be exercised by
			 them over particular operations to insure that such operations are
			 conducted in compliance with the Act and the regulations.
(XXX) Surgical anesthesia. A state
			 of unconsciousness measured in conformity with accepted surgical
			 practices.
(YYY) Vt.
			 Detained. Refers to any product detained pursuant to
			 6 V.S.A., section
			 3315 or by notification of
			 appropriate federal authorities.
(ZZZ) Vt. Condemned. Means that
			 livestock so identified has been inspected and found to be in a dying
			 condition, or to be affected with any other condition or disease that
			 would require condemnation of its carcass.
(AAAA) Vt. Inspected and Condemned
			 (or any authorized abbreviation thereof). Means that the carcass,
			 viscera, part carcass, or other product so identified has been
			 inspected, found to be adulterated, and condemned under these
			 regulations.
(BBBB) Vt.
			 Inspected and Passed or Vt. Inspected and Passed by the Department of
			 Agriculture (or any authorized abbreviation thereof. Means that
			 product so identified has been inspected and passed under these
			 regulations, and at the time it was inspected, passed, and
			 identified, it was found to be not adulterated.
(CCCC) Vt. Passed for Cooking.
			 Means that meat or meat byproducts so identified has been inspected
			 and passed on condition that it be cooked or rendered as prescribed
			 by these regulations.
(DDDD) Vt. Passed for
			 Refrigeration. Means that meat or meat byproduct so identified has
			 been inspected and passed on condition that it be refrigerated or
			 otherwise handled as prescribed by these regulations.
(EEEE) Vt. Retained. Means that the
			 carcass, viscera, part carcass, other product, or article so
			 identified is held for further examination by an inspector to
			 determine its disposal.
(FFFF) Vt. Suspect. Means that
			 livestock so identified is suspected of being affected with a disease
			 or condition which may require its condemnation, in whole or in part,
			 when slaughtered, and is subject to further examination by an
			 inspector to determine its disposal.
(GGGG) Wholesale distributor. Means
			 any person who sells meat to retail vendors, other merchants, or to
			 industrial, institutional and commercial users mainly for resale or
			 business use.