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bloodmeal, and feed grade animal fat) in the manufacture of such feeds.
(r) State. Any State of the United States or the Commonwealth of Puerto Rico.
(s) Territory. Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.
(t) Commerce. Commerce between any State, any Territory, or the District of Columbia, and any place outside thereof; or within any Territory not organized with a legislative body, or the District of Columbia.
(u) United States. The States, the District of Columbia, and the Territories of the United States.
(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, and 325.13 of this subchapter 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 contami. nants is not considered as cutting up.
(sa) 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 poisonous or added deleterious substance (other than one which is (a) a pesticide chemical in or on a raw agricultural commodity; (6) a food additive; or (c) a color additive) which may, in the judgment of the Administrator, 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;
(iv) If it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act: Provided, That an article which is not deemed adulterated under paragraphs (aa) (2) (ii), (iii), or (iv) of this section shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by the regulations in this subchapter in official establishments;
(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 contami. nated 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 sub
stance has been substituted, wholly or when slaughtered, and is subject to in part therefor; or if damage or infe- further examination by an inspector riority has been concealed in any to determine its disposal. manner; or if any substance has been (hh) U.S. Condemned. This term added thereto or mixed or packed means that the livestock so identified therewith so as to increase its bulk or has been inspected and found to be in weight, or reduce its quality or a dying condition, or to be affected strength, or make it appear better or with any other condition or disease of greater value than it is; or,
that would require condemnation of (9) If it is margarine containing its carcass. animal fat and any of the raw material (ii) Misbranded. This term applies to used therein consisted in whole or in any carcass, part thereof, meat or part of any filthy, putrid, or decom- meat food product under one or more posed substance, or is otherwise adul- of the following circumstances: terated.
(1) If its labeling is false or mislead(bb) “Inspected and passed” or “U.S. ing in any particular; Inspected and Passed” or “U.S. In- (2) If it is offered for sale under the spected nd essed by Department of name of another food; Agriculture” (or any authorized abbre- (3) If it is an imitation of another viation thereof). This term means that food, unless its label bears, in type of the product so identified has been in- uniform size and prominence, the spected and passed under the regula- word "imitation" and immediately tions in this subchapter, and at the thereafter, the name of the food imi. time it was inspected, passed, and tated; identified, it was found to be not adul- (4) If its container is so made, terated.
formed, or filled as to be misleading; (cc) U.S. Passed for cooking. This (5) If in a package or other container term means that the meat or meat by. unless it bears a label showing: products so identified has been in- (i) The name and of business spected and passed on condition that of the manufacturer, packer, or disit be cooked or rendered as prescribed tributor; and by the regulations in Part 315 of this (ii) An accurate statement of the chapter.
quantity of the contents in terms of (dd) U.S. Passed for Refrigeration. weight, measure, or numerical count; This term means that the meat or except as otherwise provided in Part meat byproduct so identified has been 317 of this subchapter with respect to inspected and passed on condition that the quantity of contents; it be refrigerated or otherwise handled (6) If any word, statement, or other as prescribed by the regulations in information required by or under auPart 311 of this subchapter.
thority of the Act to appear on the (ee) U.S. Inspected and Condemned label or other labeling is not promi(or any authorized abbreviation there- nently placed thereon with such conon. This term means that the carcass, spicuousness (as compared with other viscera, other part of carcass, or other words, statements, designs, or devices, product so identified has been inspect- in the labeling) and in such terms as ed, found to be adulterated, and con- to render it likely to be read and undemned under the regulations in this derstood by the ordinary individual subchapter.
under customary conditions of pur(ff) U.S. Retained. This term means chase and use; that the carcass, viscera, other part of (7) If it purports to be or is reprecarcass, or other product, or article so sented as a food for which a definition identified is held for further examina- and standard of identity or composition by an inspector to determine its tion has been prescribed by the reguladisposal.
tions in Part 319 of this subchapter (gg) U.S. Suspect. This term means unless: that the livestock so identified is sus- (1) It conforms to such definition pected of being affected with a disease and standard, and or condition which may require its (ii) Its label bears the name of the condemnation, in whole or in part, 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;
(8) If it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by the regulations in Part 319 of this subchapter, 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 (ii)(7) of this section 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 subchapter;
(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 subchapter.
(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 subchapter; or
(12) If it fails to bear, directly there. on or on its containers, when required by the regulations in Part 316 or 317 of this subchapter, the inspection legend and, unrestricted by any of the foregoing, such other information as the Administrator 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.
(jj) Label. A display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.
(kk) 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.
(11) Federal Food, Drug, and Cosmetic Act. The Act so entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or supplementary thereto.
(mm) Pesticide chemical food additive, color additive, raw agricultural commodity. These terms shall have the same meanings for purposes of the Act and the regulations in this subchapter as under the Federal Food, Drug, and Cosmetic Act.
(nn) Official mark. The official inspection legend or any other symbol prescribed by the regulations in this subchapter to identify the status of any article or animal under the Act.
(00) Official inspection legend. Any symbol prescribed by the regulations in this subchapter showing that an article was inspected and passed in accordance with the Act.
(pp) Official certificate. Any certificate prescribed by the regulations in this subchapter for issuance by an inspector or other person performing official functions under the act.
(qq) Official device. Any device prescribed by the regulations in Part 312 of this subchapter for use in applying any official mark.
(rr) Livestock. Cattle, sheep, swine, goat, horse, mule, or other equine.
(ss) Carcass. All parts, including viscera, of any slaughtered livestock.
(tt) 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 overly. ing 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 products of equines, shall have meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, and goats.
(uu) 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 experimental biological product, drug, paragraph with respo to cattle, or chemical or any nonexperimental sheep, swine, and goats
biological product, drug, or chemical (vv) Meat food product. Any article used in a manner for which it was not capable of use as human food which is intended. made wholly or in part from any meat (bbb) Dead livestock. The body (caor other portion of the carcass of any daver) of livestock which has died othcattle, sheep, swine, or goats, except erwise than by slaughter. those exempted from definition as a (ccc) Dying, diseased, or disabled meat food product by the Administra- livestock. Livestock which has or distor in specific cases or by the regula- plays symptoms of having any of the tions in Part 317 of this subchapter, following: upon a determination that they con- (1) Central nervous system disorder; tain meat or other portions of such
(2) Abnormal temperature (high or carcasses only in a relatively small
low); proportion or historically have not
(3) Difficult breathing; been considered by consumers as prod
(4) Abnormal swellings; ucts of the meat food industry, and
(5) Lack of muscular coordination; provided that they comply with any requirements that are imposed in such
(6) Inability to walk normally or cases or regulations as conditions of
stand; such exemptions to assure that the
(7) Any of the conditions for which meat or other portions of such car
livestock is required to be condemned casses contained in such articles are
on ante-mortem inspection in accordnot adulterated and that such articles
ance with the regulations in Part 309 are not represented as meat food prod
of this subchapter. ucts. This term, as applied to food
(ddd) Supervision. The controls, as products of equines, shall have a
prescribed in instructions to Program meaning comparable to that provided
employees, to be exercised by them in this paragraph with respect to
over particular operations to insure cattle, sheep, swine, and goats.
that such operations are conducted in (ww) Product. Any carcass, meat,
compliance with the Act and the regumeat byproduct, or meat food product,
lations in this subchapter. capable of use as human food.
(eee) Further processing. Smoking, (xx) Immediate container. The re
cooking, canning, curing, refining, or ceptacle or other covering in which rendering in an official establishment any product is directly contained or of product previously prepared in offiwholly or partially enclosed.
cial establishments. (yy) Shipping container. The outside (fff) Artificial flavoring. A flavoring container (box, bag, barrel, crate, or containing any sapid or aromatic conother receptacle or covering) contain- stituent, which constituent was manuing or wholly or partly enclosing any factured by a process of synthesis or product packed in one or more imme- other similar artifice. diate containers.
(ggg) Artificial coloring. A coloring (zz) Biological residue. Any sub- containing any dye or pigment, which stance, including metabolites, remain- dye or pigment was manufactured by a ing in livestock at time of slaughter or process of synthesis or other similar in any of its tissues after slaughter as artifice, or a coloring which was manuthe result of treatment or exposure of factured by extracting a natural dye the livestock to a pesticide, organic or or natural pigment from a plant or inorganic compound, hormone, hor- other material in which such dye or mone-like substance, growth promoter, pigment was naturally produced. antibiotic, anthelmintic, tranquilizer, (hhh) Chemical preservative. Any or other therapeutic or prophylactic chemical that, when added to a meat agent.
or meat food product, tends to prevent (aaa) Experimental animal. Any or retard deterioration thereof, but animal used in any research investiga- does not include common salt, sugars, tion involving the feeding or other ad- vinegars, spices, or oils extracted from ministration of, or subjection to, an spices or substances added to meat and
meat food products by exposure to wood smoke. Other definitions, if any, that are applicable only for purposes of a specific part of the regulations in this subchapter, are set forth in such part.
(iii) Regional Director. The official 1 in charge of the program within each of the following regions:
Northeastern Region-The States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia; and the District of Columbia.
Southeastern Region–The States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee; the Commonwealth of Puerto Rico; and the Virgin Islands of the United States.
North Central Region–The States of Illinois, Indiana, Iowa, Michigan, Minnesota, Nebraska, Ohio and Wisconsin.
Southwestern Region–The States of Arkansas, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas.
Western Region-The States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming; and Guam.
(kkk) Official import inspection establishment. This term means any establishment, other than an official establishment as defined in paragraph (i) of this section, where inspections are authorized to be conducted as prescribed in § 327.6 of this subchapter.
(111) Area Supervisor. The official in charge of an area.
(mmm) Area. One or more circuits under the supervision of an area supervisor.
(nnn) Inspector in charge. A designated program employee who is in
charge of one or more official establishment within a circuit and is responsible to the circuit supervisor or his designee.
(000) Inhumane slaughter of 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 this subchapter.
(ppp) Carbon dioxide. A gaseous form of the chemical formula CO2.
(qqg) Carbon dioxide concentration. Ratio of carbon dioxide gas and atmospheric air.
(rrr) Exposure time. The period of time an animal is exposed to an anesthesia-producing carbon dioxide concentration.
(SSS) Anesthesia. Loss of sensation or feeling.
(ttt) Surgical anesthesia. A state of unconsciousness measured in conformity with accepted surgical practices.
(uuu) Consciousness. Responsiveness of the brain to the impressions made by the senses.
(VVV) Captive bolt. A stunning instrument which when activated drives a bolt out of a barrel for a limited distance.
(www) Nonfood compound. Any substance proposed for use in official establishments, the intended use of which will not result, directly or indi. rectly, in the substance becoming a component or otherwise affecting the characteristics of meat and meat food products, excluding labeling and packaging materials as covered in Part 317 of the subchapter.
The addresses of the Regional Directors are as follows:
Northeastern Region-Seventh Floor, 1421 Cherry Street, Philadelphia, PA 19102.
Southeastern Region-Room 216, 1718 Peachtree Road NW., Atlanta, GA 30309.
North Central Region-Room 419, U.8. Courthouse Building, East First and Walnut Streets, Des Moines, IA 50309.
Southwestern Region-Room 6-F41, 1100 Commerce Street, Dallas, TX 75201.
Western Region-Room 102, Building 2C, 620 Central Avenue, Alameda, CA 94601.
(Sec. 21, 34 Stat. 1260, as amended, 79 Stat. 903, as amended, 81 Stat. 584, 84 Stat 91, 438; 21 U.S.C. 71 et seq. 601 et seq., 33 U.S.C. 466-466k; 21 U.S.C. 621; 92 Stat. 1069, 42 FR 35625, 35626, 35631) [35 FR 15554, Oct. 3, 1970, as amended at 37 FR 1229, Jan. 27, 1972; 37 FR 2661, Feb. 4, 1972; 37 FR 9460, May 11, 1972; 37 FR 21926, Oct. 17, 1972; 38 FR 29215, Oct. 23, 1973; 39 FR 36000, Oct. 7, 1974; 39 FR 43294, Dec. 12, 1974; 44 FR 68812, Nov. 30, 1979; 48 FR 6091, Feb. 10, 1983)