Section 25-3-7 - Definitions. - New Mexico Statutes

25-3-7. Definitions.

As used in the Meat Inspection Act [25-3-6 to 25-3-21 NMSA 1978]:   

A.     "board" means the New Mexico livestock board, or, where appropriate, its executive director;   

B.     "health board" means the health and environment department [department of health] of the state;   

C.     "chief" means the chief veterinary meat inspector;   

D.     "meat" means the edible flesh of poultry, birds or animals as usually sold for human consumption and includes livestock, poultry and livestock and poultry products;   

E.     "livestock product" or "poultry product" means any product capable of use as human food which is wholly or partially made from meat and is not specifically exempted by regulation of the board;   

F.     "prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up or otherwise manufactured or processed;   

G.     "federal acts" means the federal Meat Inspection Act, 34 Stat. 1260, as amended by the Wholesome Meat Act, 81 Stat. 584 and the Federal Poultry Products Inspection Act, 71 Stat. 441, as amended by the Wholesome Poultry Products Act, 82 Stat. 791;   

H.     "pesticide chemical," "food additive," "color additive" and "raw agricultural commodity" shall have the same meanings for the Meat Inspection Act as for the Federal Food, Drug and Cosmetic Act, 52 Stat. 1040, as amended;   

I.     "adulterated" means the term applied to any meat:   

(1)     if it bears or contains any poisonous or deleterious substance which may render it injurious to health; provided, that any substance not added to meat shall not be considered adulterating if the quantity of the substance is insufficient to ordinarily render it injurious to health;   

(2)     if it bears or contains, by reason of administration of any substance to the meat, any added poisonous or added deleterious substance other than a color additive, a food additive or a pesticide chemical in or on a raw agricultural commodity, any of which may in the board's judgment make such article unfit for human food;   

(3)     if it is, in whole or in part, a raw agricultural commodity and bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the Federal Food, Drug and Cosmetic Act;   

(4)     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;   

(5)     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 adulterated under Paragraphs [Paragraph] (3), (4) or (5) of this subsection, shall be deemed adulterated if use of the pesticide-chemical, food additive or color additive in or on such article is prohibited by regulation of the board;   

(6)     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;   

(7)     if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;   

(8)     if it is, in whole or in part, the product of an animal, including poultry, which has died otherwise than by slaughter;   

(9)     if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;   

(10)     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;   

(11)     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; or   

(12)     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;   

J.     "misbranded" means the term applied to meat:   

(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 being 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 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 the board may make regulations exempting small meat packages, meat not in containers and other reasonable variations;   

(6)     if any word, statement or other information required by or under the Meat Inspection 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 is not stated 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 identify [identity] or composition has been prescribed by the regulations of the board under Section 5 [Section 8 (25-3-13 NMSA 1978)] of the Meat Inspection 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;   

(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 board under Section 5 of the Meat Inspection 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 Paragraph (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 common or usual name of each such ingredient; except that spices, flavorings and colorings may, when authorized by the board, be designated as spices, flavorings and colorings without naming each; provided, that, to the extent that compliance with the requirements of this Paragraph (9) (b) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the board;   

(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 the board, after consultation with the secretary of agriculture of the United States, determines to be and by regulations prescribes as necessary in order to fully inform purchasers as to its value for such uses;   

(11)     if it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact; provided, that, to the extent that compliance with the requirements of this Paragraph (11) is impracticable, exemptions shall be established by regulations promulgated by the board; or   

(12)     if it fails to bear, directly thereon and on its containers, as the board may by regulations prescribe, the official inspection legend and establishment number of the establishment where the product was prepared, and, unrestricted by any of the foregoing, such other information as the board 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;   

K.     "livestock" means any cattle, sheep, swine, goats, horses, mules or other equines, whether live or dead;   

L.     "poultry" means any domesticated bird, whether live or dead; and   

M.     "official establishment" means any establishment licensed by the board at which inspection of the slaughter of livestock or poultry, or the preparation of meat food products is maintained under the provision of the Meat Inspection Act.