§ 106-549.51. Definitions. - North Carolina Statutes

§ 106‑549.51. Definitions.

For purposes of this Article, the following terms shall have themeanings stated below:

(1)        "Adulterated" shall apply to any poultry productunder one or more of the following circumstances:

a.         If it bears or contains any poisonous or deleterioussubstance which may render it injurious to health; but in case the substance isnot an added substance, such article shall not be considered adulterated underthis clause if the quantity of such substance in or on such article does not ordinarilyrender it injurious to health;

b.         1.         If it bears or contains (byreason of administration of any substance to the live poultry or otherwise) anyadded poisonous or added deleterious substance (other than one which is apesticide chemical in or on a raw agricultural commodity; a food additive; or acolor additive) which may, in the judgment of the Commissioner, make sucharticle unfit for human food;

2.         If it is, in whole or in part, a raw agricultural commodityand such commodity bears or contains a pesticide chemical which is unsafewithin the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act;

3.         If it bears or contains any food additive which is unsafewithin the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;

4.         If it bears or contains any color additive which is unsafewithin the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act:Provided, that an article which is not otherwise deemed adulterated underparagraphs 2, 3, or 4 shall nevertheless be deemed adulterated if use of thepesticide chemical, food additive, or color additive in or on such article isprohibited by regulations of the Board in official establishments;

c.         If it consists in whole or in part of any filthy, putrid, ordecomposed substance or is for any other reason unsound, unhealthful,unwholesome, or otherwise unfit for human food;

d.         If it has been prepared, packed, or held under insanitaryconditions whereby it may have become contaminated with filth, or whereby itmay have been rendered injurious to health;

e.         If it is, in whole or in part, the product of any poultrywhich has died otherwise than by slaughter;

f.          If its container is composed, in whole or in part, of anypoisonous or deleterious substance which may render the contents injurious tohealth;

g.         If it has been intentionally subjected to radiation, unlessthe use of the radiation was in conformity with a regulation or exemption ineffect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act; or

h.         If any valuable constituent has been in whole or in partomitted or abstracted therefrom; or if any substance has been substituted,wholly or in part therefor; or if damage or inferiority has been concealed inany manner; or if any substance has been added thereto or mixed or packedtherewith so as to increase its bulk or weight, or reduce its quality orstrength, or make it appear better or of greater value than it is.

(2)        "Animal food manufacturer" means any personengaged in the business of manufacturing or processing animal food derivedwholly or in part from carcasses, or parts or products of the carcasses, ofpoultry.

(3)        "Board" means the North Carolina Board ofAgriculture.

(4)        "Capable of use of human food" shall apply to anycarcass, or part or product of a carcass, of any poultry, unless it isdenatured or otherwise identified as required by regulations prescribed by theBoard to deter its use as human food, or it is naturally inedible by humans.

(5)        "Color additive" shall have the same meaning forpurposes of this Article as under the Federal Food, Drug, and Cosmetic Act.

(6)        "Commissioner" means the North CarolinaCommissioner of Agriculture or his authorized representative.

(7)        "Container" or "package" includes anybox, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.

(8)        "Federal Food, Drug, and Cosmetic Act" means theact so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatorythereof or supplementary thereto.

(9)        "Federal Poultry Products Inspection Act" meansthe act so entitled, approved August 28, 1957 (71 Stat. 441), as amended by theWholesome Poultry Products Act (82 Stat. 791).

(10)      "Food additive" shall have the same meaning forpurposes of this Article as under the Federal Food, Drug, and Cosmetic Act.

(11)      "Immediate container" includes any consumerpackage; or any other container in which poultry products, not consumerpackaged, are packed.

(12)      "Inspection service" means the official governmentservice within the Department of Agriculture and Consumer Services designatedby the Commissioner as having the responsibility for carrying out theprovisions of this Article.

(13)      "Inspector" means an employee or official of theDepartment of Agriculture and Consumer Services authorized by the Commissionerto inspect poultry and poultry products under the authority of this Article, orany employee or official of the government of any county or other governmentalsubdivision of this State authorized by the Commissioner to inspect poultry andpoultry products under authority of this Article, under an agreement enteredinto between the Department and such governmental subdivision.

(14)      "Intrastate commerce" means commerce within thisState.

(15)      "Label" means a display of written, printed, orgraphic matter upon any article or the immediate container (not includingpackage liners) of any article.

(16)      "Labeling" means all labels and other written,printed, or graphic matter

a.         Upon any article or any of its containers or wrappers, or

b.         Accompanying such article.

(17)      "Misbranded" shall apply to any poultry productunder one or more of the following circumstances:

a.         If its labeling is false or misleading in any particular;

b.         If it is offered for sale under the name of another food;

c.         If it is an imitation of another food, unless its labelbears, in type of uniform size and prominence, the word "imitation"and immediately thereafter, the name of the food imitated;

d.         If its container is so made, formed, or filled as to bemisleading;

e.         Unless it bears a label showing

1.         The name and place of business of the manufacturer, packer,or distributor; and

2.         An accurate statement of the quantity of the product interms of weight, measure, or numerical count;

Provided, that under paragraph 2 of thissubsubdivision e, reasonable variations may be permitted, and exemptions as tosmall packages or articles not in packages or other containers may beestablished, by regulations prescribed by the Board;

f.          If any word, statement, or other information required by orunder authority of this Article to appear on the label or other labeling is notprominently placed thereon with such conspicuousness (as compared with otherwords, statements, designs, or devices, in the labeling) and in such terms asto render it likely to be read and understood by the ordinary individual undercustomary conditions of purchase and use;

g.         If it purports to be or is represented as a food for which adefinition and standard of identity or composition has been prescribed byregulations of the Board under G.S. 106‑549.55 unless

1.         It conforms to such definition and standard, and

2.         Its label bears the name of the food specified in thedefinition and standard and, insofar as may be required by such regulations,the common names of optional ingredients (other than spices, flavoring, andcoloring) present in such food;

h.         If it purports to be or is represented as a food for which astandard or standards of fill of container have been prescribed by regulationsof the Board under G.S. 106‑549.55, and it falls below the standard offill of container applicable thereto, unless its label bears, in such mannerand form as such regulations specify, a statement that it falls below suchstandard;

i.          If it is not subject to the provisions of subsubdivision g,unless its label bears

1.         The common or usual name of the food, if any there be, and

2.         In case it is fabricated from two or more ingredients, thecommon or usual name of each such ingredient; except that spices, flavorings,and colorings may, when authorized by the Commissioner be designated as spices,flavorings, and colorings without naming each: Provided, that, to the extentthat compliance with the requirements of clause 2 of this subsubdivision i isimpracticable, or results in deception or unfair competition, exemptions shallbe established by regulations promulgated by the Board;

j.          If it purports to be or is represented for special dietaryuses, unless its label bears such information concerning its vitamin, mineral,and other dietary properties as the Board, after consultation with theSecretary of Agriculture of the United States, determines to be, and byregulations prescribes as, necessary in order fully to inform purchasers as toits value for such uses;

k.         If it bears or contains any artificial flavoring, artificialcoloring, or chemical preservative, unless it bears labeling stating that fact:Provided, that, to the extent that compliance with the requirements of thissubsubdivision k is impracticable, exemptions shall be established byregulations promulgated by the Board; or

l.          If it fails to bear on its containers, and in the case ofnonconsumer packaged carcasses (if the Commissioner so requires) directlythereon, as the Board may by regulations prescribe, the official inspectionlegend and official establishment number of the establishment where the articlewas processed, and, unrestricted by any of the foregoing, such otherinformation as the Board may require in such regulations to assure that it willnot have false or misleading labeling and that the public will be informed ofthe manner of handling required to maintain the article in a wholesomecondition.

(18)      "Official certificate" means any certificateprescribed by regulation of the Board for issuance by an inspector or otherperson performing official functions under this Article.

(19)      "Official device" means any device prescribed orauthorized by the Board for use in applying any official mark.

(20)      "Official establishment" means any establishment asdetermined by the Commissioner at which inspection of the slaughter of poultry,or the processing of poultry products, is maintained under the authority ofthis Article.

(21)      "Official inspection legend" means any symbolprescribed by regulation of the Board showing that an article was inspected forwholesomeness in accordance with this Article.

(22)      "Official mark" means the official inspectionlegend or any other symbol prescribed by regulation of the Board to identifythe status of any article or poultry under this Article.

(23)      "Person" means any individual, partnership,corporation, association, or other business entity.

(24)      "Pesticide chemical" shall have the same meaningfor purposes of this Article as under the Federal Food, Drug, and Cosmetic Act.

(25)      "Poultry" means any domesticated bird, whether liveor dead.

(25a)    "Poultry composting facility" means a structure orenclosure in which whole, unprocessed poultry carcasses are decomposed by anatural process into an organic, biologically safe by‑product that can beused for plant food.

(26)      "Poultry product" means any poultry carcass, orpart thereof; or any product which is made wholly or in part from any poultrycarcass or part thereof, excepting products which contain poultry ingredientsonly in a relatively small proportion or historically have not been consideredby consumers as products of the poultry food industry, and which are exemptedby the Board from definition as a poultry product under such conditions as theBoard may prescribe to assure that the poultry ingredients in such products arenot adulterated and that such products are not represented as poultry products.

(27)      "Poultry products broker" means any person engagedin the business of buying or selling poultry products on commission, orotherwise negotiating purchases or sales of such articles other than for hisown account or as an employee of another person.

(28)      "Processed" means slaughtered, canned, salted,stuffed, rendered, boned, cut up, or otherwise manufactured or processed.

(29)      "Raw agricultural commodity" shall have the samemeaning for purposes of this Article as under the Federal Food, Drug, andCosmetic Act.

(30)      "Renderer" means any person engaged in the businessof rendering carcasses, or parts or products of the carcasses, or poultry,except rendering conducted under inspection or exemption under this Article.

(31)      "Shipping container" means any container used orintended for use in packaging the product packed in an immediate container. (1971, c. 677, s. 4; 1995, c. 543, s. 3; 1997‑261,s. 61.)