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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 118 Definitions for Secs. 118 to 131, inclusive

Section 118. The following words as used in sections one hundred and eighteen to one hundred and thirty-one, inclusive, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:—

“Broker”, any person engaged in the business of buying or selling livestock products or poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.

“Capable of use as human food”, any livestock or poultry carcass, or part of product of any such carcass, unless it is denatured or otherwise identified as required by regulations prescribed by the department to deter its use as human food, or it is naturally inedible by humans.

“Commissioner”, the commissioner of public health or his duly authorized agent.

“Container” or “package”, any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.

“Department”, the department of public health.

“Inspector”, an employee or official of the division of food and drugs, authorized by the director to perform any inspectional function.

“Label”, a display of written, printed, or graphic matter upon any article or container, not including package liners, of any article.

“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.

“Livestock”, any cattle, sheep, swine, goats, horses, mules, or other equines, whether live or dead.

“Livestock product”, any carcass, part thereof, meat, or meat food product of any livestock.

“Meat food product”, any product capable of use as 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 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 which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe. These words as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, and goats.

“Official certificate”, any certificate prescribed by regulations of the department for issuance by an inspector or other person performing official functions under this chapter.

“Official device”, any device prescribed or authorized by the department for use in applying any official mark.

“Official establishment”, any establishment as determined by the department 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 this chapter.

“Official inspection legend”, any symbol prescribed by regulations of the department showing that an article was inspected and passed in accordance with this chapter.

“Official mark”, the official inspection legend or any other symbol prescribed by regulations of the department to identify the status of any article or livestock or poultry under this chapter.

“Poultry”, any domesticated bird, whether live or dead.

“Poultry product”, any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the commissioner from definition as a poultry product under such conditions as he may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.

“Prepared” or “processed”, slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed in any way.

“Shipping container”, any container used or intended for use in shipping the product packed in another container.

“Renderer”, means any person engaged in the business of rendering livestock or poultry carcasses, or parts or products of such carcasses, except rendering conducted under inspection or exemption under this chapter.