BR GR 4 1 "(e) The term 'poultry' means any domesticated bird, 2 whether live or dead. 3 "(f) The term 'poultry product' means any poultry car4 cass, or part thereof; or any product which is made wholly or 5 in part from any poultry carcass or part thereof, excepting 6 products which contain poultry ingredients only in a rela7 tively small proportion or historically have not been consid8 ered by consumers as products of the poultry food industry, 9 and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary 10 11 may prescribe to assure that the poultry ingredients in such 12 products are not adulterated and that such products are not 13 represented as poultry products. 66 14 '(g) The term 'adulterated' shall apply to any poultry 15 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) (A) if it bears or contains (by reason of administration of any substance to the live poultry or other wise) any added poisonous or added deleterious sub stance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food ad ditive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food; "(B) 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; "(C) if it bears or contains any food additive which is unsafe within the meaning of section 409 of the Fed eral Food, Drug, and Cosmetic Act; "(D) 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 otherwise deemed adulter ated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Secretary in official establishments; "(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other rea son 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 contaminated with filth, or whereby it may have been rendered injurious to health; "(5) if it is, in whole or in part, the product of any poultry 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 sec tion 409 of the Federal Food, Drug, and Cosmetic Act; or "(8) 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. GR ING JNG 1 "(h) The term 'misbranded' shall apply to any poultry 2 product under one or more of the following circumstances: "(1) if its labeling is false or misleading in any particular; "(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 so made, formed, or filled as to be misleading; "(5) unless it bears a label showing (A) the name and the place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count: Provided, That under clause (B) of this subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established by regulations prescribed by the Secretary; "(6) if any word, statement, or other information required by or under authority of this Act to appear on the label or other labeling is not prominently placed 96-351 - 68 - 2 8 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; "(7) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under section 8 of this Act 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; 66 "(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 regulations of the Secretary under section 8 of this Act, 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 subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the com |