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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XV REGULATION OF TRADE
  • CHAPTER 94 INSPECTION AND SALE OF FOOD, DRUGS AND VARIOUS ARTICLES
  • Section 1 Definitions

Section 1. The following words as used in this section and the other sections of this chapter to which their definition is hereinafter respectively limited, unless the context otherwise requires, shall have the following meanings:

“Article of food”, in sections sixty-six to seventy-three, inclusive, includes fresh meat, fresh meat products except in process of manufacture, fresh food fish, poultry, eggs and butter.

“Bakery”, in sections two to nine M, inclusive, a building or part of a building used for the production, preparation, packing, storing, display, or sale of bread, cake, pies, or other bakery products, including any separate room used for the convenience or accommodation of workers; provided, however, that a bakery shall not include any building or part of a building used only for the preparation, display and sale of homemade baked goods for sale by fraternal, charitable, social or service clubs or similar organizations for a “neighborhood bake sale”, so-called.

“Cold storage”, in sections sixty-six to seventy-three, inclusive, and ninety-two, the storage of articles of food at or below a temperature of forty-five degrees Fahrenheit for a period of thirty days or more.

“Cold storage or refrigerating warehouse”, in sections sixty-six to seventy-three, inclusive, and ninety-two, an establishment employing refrigerating machinery or ice for the purpose of refrigeration, or a place otherwise artificially cooled, where articles of food are stored for thirty days or more at or below a temperature of forty-five degrees Fahrenheit.

“Commissioner”, the commissioner of food and agriculture.

“Copy”, in sections two hundred and twenty-five to two hundred and thirty-five, inclusive, and sections two hundred and fifty to two hundred and sixty-one, inclusive, any certified copy.

“Cosmetic”, in sections one hundred and eighty-six to one hundred and ninety-five, inclusive, includes (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap.

“Device” means instruments, apparatus, surgical implants, sutures and contrivances, including their components, parts and accessories, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; or to affect the structure or any function of the body of man or other animals.

“Director”, in sections twenty-five to thirty-one, inclusive, the chief of the bureau of milk marketing within the department of food and agriculture.

“Drug”, in sections one hundred and eighty-six to one hundred and ninety-six, inclusive, includes all medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of man or animal.

“Food”, in sections one hundred and eighteen to one hundred and fifty-one, inclusive, one hundred and fifty-four to one hundred and fifty-six, inclusive, one hundred and eighty-one, one hundred and eighty-six to one hundred and ninety-six, inclusive, three hundred and five C, and three hundred and twenty-eight, includes all articles, whether simple, mixed or compound, used for food or drink, confectionery or condiment, by man or animal.

“Label” (a) in sections one hundred and eighty-six to one hundred and ninety-five inclusive means a display of written, printed or graphic matter upon the immediate container of any article. A requirement that any word, statement or other information appear on the label is not complied with unless such word, statement or other information also appears on the outside container or wrapper of the retail package of such article, or is easily legible through the outside container or wrapper.

“Labeling” means all labels and other written, printed or graphic matter upon any article or any of its containers or wrappers, or accompanying such article.

“Oleomargarine” includes butterine, margarine, imitation butter and any article, substance or compound made in imitation or semblance of or as a substitute for butter and not made exclusively and wholly of milk or cream, or containing fats, oils or grease not produced from milk or cream.

“Paint”, in sections two hundred and ninety-one to two hundred and ninety-five, inclusive, includes white lead, oxide or zinc, and red lead, dry or in any kind of oil, and any compound intended for the same use, colors ground in oil, paste or semi-paste paint, and liquid or mixed paint ready for use.

“Ready-to-eat Food”, a restaurant style food offered or exposed for sale, whether in restaurants, supermarkets or similar food service establishments, that is ready for consumption, though not necessarily on the premises where sold. Ready-to-eat food shall not include luncheon products, such as meat, poultry or cheese, when sold separately.

“Sausage” or “sausage meat”, in sections one hundred and forty-two to one hundred and forty-five, inclusive, comminuted meat from neat cattle, swine, veal, sheep, poultry, or a mixture of such meats, either fresh, salted, pickled or smoked, with or without added salt, spices, cereal and the like, and with or without the addition of edible fats, blood and sugar, or subsequent smoking.

“Milk plant” and “manufactory” shall include, respectively, a place where milk or cream is received or purchased from producers for sale or resale and a place where it is so received or purchased for manufacture into other products, with or without facilities or equipment for its preparation for market or for its manufacture, as the case may be, and with or without physical facilities, at the place where the milk or cream is purchased, for the receiving or physical handling thereof.

“Enriched bread”, in sections ten H to ten J, inclusive, shall mean white bread, rolls and buns which shall contain in the finished product thiamine, riboflavin, niacin or niacinamide, iron and calcium in quantities prescribed by the regulations of the department of public health.

“Enriched flour”, in sections ten H to ten J, inclusive, shall include flour, white flour, wheat flour, plain flour, bromated flour, self-rising flour, self-rising white flour, self-rising wheat flour, phosphated flour, phosphated white flour, and phosphated wheat flour, which shall contain thiamine, riboflavin, niacin or niacinamide, iron and calcium in quantities prescribed by the regulations of the department of public health; but does not include special flours not used for bread, roll, bun or biscuit baking such as specialty cake, pancake and pastry flours.

“Person”, in sections ten H to ten K, inclusive, shall mean an individual, corporation, partnership, an association, joint stock company, a trust or an unincorporated organization, to the extent that the same may be engaged in the commercial manufacture or sale of flour, white bread or rolls.

“Rolls”, in sections ten H to ten J, inclusive, includes plain white rolls and buns of the semi-bread dough type, such as soft rolls, hamburger, hot dog, or Parker House rolls and similar rolls, and also hard rolls, such as Vienna and Kaiser rolls and similar rolls, all made without fillings or icing, but shall not include yeast-raised sweet rolls and sweet buns, cinnamon rolls or buns, butterfly rolls or buns.

“White bread”, in sections ten H to ten J, inclusive, shall mean any bread, whether baked in a pan or on a hearth or screen, which is commonly known or usually represented and sold as “white bread”, including but not restricted to Vienna bread, French bread and Italian bread.