Subchapter A—Mandatory Meat Inspection
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SUBCHAPTER AÐMANDATORY MEAT INSPECTION PART 301ÐDEFINITIONS make such article unfit for human food; Sec. (ii) If it is, in whole or in part, a raw 301.1 Meaning of terms. agricultural commodity and such com- 301.2 Definitions. modity bears or contains a pesticide AUTHORITY: 7 U.S.C. 450, 1901±1906; 21 U.S.C. chemical which is unsafe within the 601±695; 7 CFR 2.17, 2.55. meaning of section 408 of the Federal Food, Drug, and Cosmetic Act; § 301.1 Meaning of terms. (iii) If it bears or contains any food As used in this subchapter, unless additive which is unsafe within the otherwise required by the context, the meaning of section 409 of the Federal singular form shall also import the plu- Food, Drug, and Cosmetic Act; ral and the masculine form shall also (iv) If it bears or contains any color import the feminine, and vice versa. additive which is unsafe within the meaning of section 706 of the Federal [35 FR 15554, Oct. 3, 1970] Food, Drug, and Cosmetic Act: Pro- vided, That an article which is not § 301.2 Definitions. deemed adulterated under paragraphs As used in this subchapter, unless (aa)(2) (ii), (iii), or (iv) of this section otherwise required by the context, the shall nevertheless be deemed adulter- following terms shall be construed, re- ated if use of the pesticide chemical spectively, to mean: food additive, or color additive in or on (a) The Act. The Federal Meat Inspec- such article is prohibited by the regu- tion Act, as amended, (34 Stat. 1260, as lations in this subchapter in official es- amended, 81 Stat. 584, 84 Stat. 438, 92 tablishments; Stat. 1069, 21 U.S.C., sec. 601 et seq.). (3) If it consists in whole or in part of (b) Administrator. The Administrator any filthy, putrid, or decomposed sub- of the Food Safety and Inspection stance or is for any other reason un- Service or any officer or employee of sound, unhealthful, unwholesome, or the Department to whom authority has otherwise unfit for human food; heretofore been delegated or may here- (4) If it has been prepared, packed, or after be delegated to act in his/her held under unsanitary conditions stead. whereby it may have become contami- (c) Adulterated. This term applies to nated with filth, or whereby it may any carcass, part thereof, meat or meat have been rendered injurious to health; food product under one or more of the (5) If it is, in whole or in part, the following circumstances: product of an animal which has died (1) If it bears or contains any such otherwise than by slaughter; poisonous or deleterious substance (6) If its container is composed, in which may render it injurious to whole or in part, of any poisonous or health; but in case the substance is not deleterious substance which may an added substance, such article shall render the contents injurious to not be considered adulterated under health; this clause if the quantity of such sub- (7) If it has been intentionally sub- stance in or on such article does not jected to radiation, unless the use of ordinarily render it injurious to health; the radiation was in conformity with a (2)(i) If it bears or contains (by rea- regulation or exemption in effect pur- son of administration of any substance suant to section 409 of the Federal to the live animal or otherwise) any Food, Drug, and Cosmetic Act; added poisonous or added deleterious (8) If any valuable constituent has substance (other than one which is: been in whole or in part omitted or ab- (A) A pesticide chemical in or on a stracted therefrom; or if any substance raw agricultural commodity; has been substituted, wholly or in part (B) A food additive; or therefor; or if damage or inferiority (C) A color additive which may, in has been concealed in any manner; or if the judgment of the Administrator, any substance has been added thereto 75 VerDate 20<JAN>98 08:22 Feb 09, 1998 Jkt 179031 PO 00000 Frm 00071 Fmt 8010 Sfmt 8010 Y:\SGML\179031.TXT 179031-3 § 301.2 9 CFR Ch. III (1±1±98 Edition) or mixed or packed therewith so as to (l) Capable of use as human food. This increase its bulk or weight, or reduce term applies to any carcass, or part or its quality or strength, or make it ap- product of a carcass, of any livestock, pear better or of greater value than it unless it is denatured or otherwise is; or, identified as required by the applicable (9) If it is margarine containing ani- provisions of §§ 314.3, 314.10, 325.11, and mal fat and any of the raw material 325.13 of this subchapter to deter its use used therein consisted in whole or in as a human food, or it is naturally in- part of any filthy, putrid, or decom- edible by humans; e.g., hoofs or horns posed substance, or is otherwise adul- in their natural state. terated. (m) Captive bolt. A stunning instru- (d) Anesthesia. Loss of sensation or ment which when activated drives a feeling. bolt out of a barrel for a limited dis- (e) Animal food. Any article intended tance. for use as food for dogs, cats, or other (n) Carbon dioxide. A gaseous form of animals derived wholly, or in part, the chemical formula CO2. from the carcass or parts or products of (o) Carbon dioxide concentration. Ratio the carcass of any livestock, except of carbon dioxide gas and atmospheric that the term animal food as used here- air. in does not include: (p) Carcass. All parts, including (1) Processed dry animal food or viscera, of any slaughtered livestock. (2) Livestock or poultry feeds manu- (q) Chemical preservative. Any chemi- factured from processed livestock by- cal that, when added to a meat or meat products (such as meatmeal tankage, food product, tends to prevent or re- meat and bonemeal, bloodmeal, and tard deterioration thereof, but does not feed grade animal fat). include common salt, sugars, vinegars, (f) Animal food manufacturer. Any per- spices, or oils extracted from spices or son engaged in the business of manu- substances added to meat and meat facturing or processing animal food. food products by exposure to wood (g) Area. One or more circuits under smoke. the supervision of an area supervisor. Other definitions, if any, that are ap- (h) Area Supervisor. The official in plicable only for purposes of a specific charge of an area. part of the regulations in this sub- (i) Artificial coloring. A coloring con- chapter, are set forth in such part. taining any dye or pigment, which dye (r) Circuit. One or more official estab- or pigment was manufactured by a lishments included under the super- process of synthesis or other similar vision of a circuit supervisor. artifice, or a coloring which was manu- (s) Circuit supervisor. The supervisor factured by extracting a natural dye or of a circuit. natural pigment from a plant or other (t) Commerce. Commerce between any material in which such dye or pigment State, any Territory, or the District of was naturally produced. Columbia, and any place outside there- (j) Artificial flavoring. A flavoring of; or within any Territory not orga- containing any sapid or aromatic con- nized with a legislative body, or the stituent, which constituent was manu- District of Columbia. factured by a process of synthesis or (u) Consciousness. Responsiveness of other similar artifice. the brain to the impressions made by (k) Biological residue. Any substance, the senses. including metabolites, remaining in (v) Cutting up. Any division of any livestock at time of slaughter or in any carcass or part thereof, except that the of its tissues after slaughter as the re- trimming of carcasses or parts thereof sult of treatment or exposure of the to remove surface contaminants is not livestock to a pesticide, organic or in- considered as cutting up. organic compound, hormone, hormone- (w) Dead livestock. The body (cadaver) like substance, growth promoter, anti- of livestock which has died otherwise biotic, anthelmintic, tranquilizer, or than by slaughter. other therapeutic or prophylactic (x) The Department. The United agent. States Department of Agriculture. 76 VerDate 20<JAN>98 08:22 Feb 09, 1998 Jkt 179031 PO 00000 Frm 00072 Fmt 8010 Sfmt 8010 Y:\SGML\179031.TXT 179031-3 Food Safety and Inspection Serv. (Meat, Poultry), USDA § 301.2 (y) Dying, diseased, or disabled live- York City), Connecticut, Rhode Island, Ver- stock. Livestock which has or displays mont, New Hampshire and Maine. symptoms of having any of the follow- IFO #2. New York, NYÐCovering the areas of New York City and northern New Jersey. ing: IFO #3. Philadelphia, PAÐCovering the (1) Central nervous system disorder; State of Pennsylvania and the area of south- (2) Abnormal temperature (high or ern New Jersey. low); IFO #4. Baltimore, MDÐCovering the (3) Difficult breathing; States of Maryland, Delaware, West Vir- (4) Abnormal swellings; ginia, Virginia and Kentucky. IFO #5. Charleston, SCÐCovering the (5) Lack of muscular coordination; States of Tennessee, North Carolina, South (6) Inability to walk normally or Carolina, Georgia and Florida (excluding stand; south Florida). (7) Any of the conditions for which 1IFO #6. Miami, FLÐCovering the areas of livestock is required to be condemned southern Florida, Puerto Rico and the Virgin on ante-mortem inspection in accord- Islands. 1IFO #7. New Orleans, LAÐCovering the ance with the regulations in part 309 of States of Louisiana, Mississippi, Alabama, this subchapter. Arkansas, Texas, Oklahoma, Kansas, New (z) Edible. Intended for use as human Mexico and Colorado.