DEFINITIONS; APPLICATION; SCOPE
§ 1.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Pennsylvania Meat and Poultry Hygiene Act of 1968 (31 P. S. § § 483.1—483.24).
Adulterated—Any carcass, part thereof, meat or meat food product which is in one or more of the following conditions:(i) Bears or contains any poisonous or deleterious substance which may render it injurious to health. If the substance is not an added substance, how-ever, the article shall not be considered adulterated under this subparagraph if the quantity of such substance in or on the article does not ordinarily render it injurious to health.
(ii) Bears or contains (by reason of administration of any substance to the live animal 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 Department, make such article unfit for human food.
(iii) If the article is, in whole or in part a raw agricultural commodity, and it bears or contains a pesticide chemical which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 346(a)).
(iv) Bears or contains:
(A) any food additive which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 348);
(B) any color additive which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 376); or
(C) any pesticide chemical, food additive or color additive prohibited for use in official establishments by this chapter.
(v) 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.
(vi) 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.
(vii) If it is, in whole or in part, the product of an animal which has died otherwise than by slaughter.
(viii) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(ix) 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 the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. § 348).
(x) 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 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.
(xi) 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.
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 does not include livestock and poultry feeds manufactured from processed animal by-products, such as meat meal tankage, meat and bone meal, blood meal, and feed grade animal fat.
Animal food manufacturer—Any person engaged in the business of manufacturing or processing animal food except manufacturers of livestock and poultry feeds with respect to any activity of acquiring or using processed animal byproducts (such as meat meal tankage, meat and bone meal, blood meal, and feed grade animal fat) in the manufacture of such feeds.
Artificial flavoring—A flavoring containing any sapid or aromatic constituent which was manufactured by a process of synthesis or other similar artifice.
Artificial coloring—A coloring containing any dye or pigment which 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.
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.
Bureau—The Bureau of Animal Health and Diagnostic Services of the Department of Agriculture.
Capable of use as human food—The term applies to any carcass, or part or product of a carcass of any livestock unless it is condemned, denatured or otherwise identified as inedible under the applicable provisions of this chapter to deter its use as a human food, or unless it is naturally inedible by humans, such as hoofs or horns in their natural state.
Carcass—All parts, including viscera, of any slaughtered livestock.
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.
Chief—The Chief of the Division of Meat Hygiene or any officer or employee of the Department to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.
Commerce—Commerce within this Commonwealth.
Cutting up—Any division of any carcass or part thereof, except the trimming of carcasses or parts thereof to remove surface contaminants.
Dead livestock—The body (cadaver) of livestock which has died otherwise than by slaughter.
Department—The Department of Agriculture of the Commonwealth.
Division—The Division of Meat Hygiene of the Bureau.
Dying, diseased or disabled livestock—Livestock which has or displays symptoms of having any of the following:(i) Central nervous system disorder.
(ii) Abnormal temperature (high or low).
(iii) Difficult breathing.
(iv) Abnormal swellings.
(v) Lack of muscular coordination.
(vi) Inability to walk normally or stand.
(vii) Any of the conditions for which livestock is required to be condemned on antemortem inspection in accordance with Subchapter B of this Chapter (relating to antemortem inspections).
Edible—Intended for use as human food.
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.
Federal Act—The Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 301 et seq.).
Firm—Any partnership, association or other unincorporated business organization.
Further processing—The smoking, cooking, canning, curing, refining, or rendering in an official establishment of product previously prepared in official establishments.
Immediate container—The receptacle or other covering in which any product is directly contained or wholly or partially enclosed.
Inedible—Adulterated, uninspected or not intended for use as human food.
‘‘Inspected and Passed’’ or ‘‘Pa. Inspected and Passed’’ or Pa. Inspected and Passed by Department of Agriculture’’ (or any authorized abbreviation thereof)—The product so identified has been inspected and passed under the provisions of this Chapter, and at the time it was inspected, passed and identified, it was found to be not adulterated.
Inspector—An inspector of the Meat Inspection Program.
Label—A display of written, printed or graphic matter upon the immediate container (not including package liners) of any article.
Labeling—All labels and other written, printed, or graphic matter upon any article or any of its containers or wrappers, or accompanying such article.
Livestock—Cattle, sheep, swine or goats.
Meat—The part of the muscle of any cattle, sheep, swine or goats, which is skeletal or which is found in the tongue, diaphragm, heart or 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.
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.
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 Department in specific cases or by the provisions of Subchapter H (relating to marking and labeling) 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 if 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.
Meat broker—Any person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employe of another person.
Misbranded—Applies to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:(i) If its labeling is false or misleading in any particular.
(ii) If it is offered for sale under the name of another food.
(iii) 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.
(iv) If its container is so made, formed or filled as to be misleading.
(v) If in a package or other container unless it bears a label showing:
(A) the name and place of business of the manufacturer, packer or distributor; and
(B) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count, except as otherwise provided in Subchapter H (relating to marking and labeling).
(vi) 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 thereon with such conspicuousness (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.
(vii) If it purports to be or is represented as a food for which a standard of identity or composition has been prescribed in Subchapter J (relating to product standards of identity) unless:
(A) it conforms to such definition and standard; and
(B) 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 names of optional ingredients (other than spices, flavoring, and coloring) present in such food.
(viii) If it purports to be or is represented as a food for which a standard of fill of container have been prescribed in Subchapter J and it falls below such standard, unless its label bears, in the manner and form as such regulations specify, a statement that it falls below the standard:
(ix) Except as otherwise provided in subparagraph (vii), if its label does not bear:
(A) the common or usual name of the food, if any, and
(B) if it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except as otherwise provided in Subchapter H.
(x) 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.
(xi) 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 in Subchapter H.
(xii) If it fails to bear (directly thereon or on its containers) when required by the provisions of this chapter, the inspection legend and such other information as the Department may require, 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.
Official certificate—Any certificate prescribed by the provisions of this Chapter for issuance by an inspector or other person performing official functions under the act.
Official device—Any device prescribed by Subchapter E (relating to official marks, devices and certificates) for use in applying any official mark.
Official establishment—Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering or similar establishment at which inspection is maintained under the provisions of this chapter.
Official inspection legend—Any symbol prescribed by the provisions of this Chapter showing that an article was inspected and passed in accordance with the act.
Official mark—The official inspection legend or any other symbol prescribed by the provisions of this Chapter to identify the status of any article or animal under the act.
Pa. Condemned—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.
Pa. Inspected and Condemned (or any authorized abbreviation thereof)—The carcass, viscera, other part of carcass, or other product so identified has been inspected, found to be adulterated, and condemned.
Pa. Passed For Cooking—The meat or meat byproduct so identified has been inspected and passed on condition that it be cooked or rendered as prescribed by § 1.217 (relating to rendering products passed for cooking; lard, pork fat and tallow).
Pa. Passed for Refrigeration—The meat or meat byproduct so identified has been inspected and passed on condition that it be refrigerated or otherwise handled as prescribed in Subchapter D (relating to disposal of diseased or otherwise adulterated carcasses).
Pa. Rejected—The equipment, utensil room, compartment or article so identified may not be used until the condition for its rejection has been corrected to an inspector’s satisfaction.
Pa. Retained—The carcass, viscera, other part of carcass, or other product or article so identified is held for further examination by an inspector to determine its disposal.
Pa. Suspect—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.
Prepared—Slaughtered, canned, salted, rendered, boned, cut up or otherwise manufactured or processed.
Product—Any carcass, meat, meat byproduct or meat food product capable of use as human food.
Program—The Meat Inspection Program of the Division of Meat Hygiene.
Program employe—Any inspector or other individual employed by the Department or any cooperating agency who is authorized by the Department to do any work or perform any duty in connection with the program.
Region—One of the seven regions of the Department.
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.
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.
Supervision—The controls, as prescribed in instructions to program employes, to be exercised by them over particular operations to insure that such operations are conducted in compliance with the act and the provisions of this Chapter.
Veterinary supervisor—The officer in charge of meat inspection in a region.(b) In addition to the definitions in subsection (a) and the respective subchapters of this chapter the definitions of the following terms contained in the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 321(q)—(t)) shall apply to this chapter:
(1) Color additive.
(2) Food additive.
(3) Pesticide chemical.
(4) Raw agricultural commodity.
Source The provisions of this § 1.1 amended August 25, 1972, 2 Pa.B. 1606. Immediately preceding text appears at serial page (2838).
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