State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-32 > 4-32-3

4-32-3. Definitions.
As used in this chapter:
(1) "Adulterated" means any meat or poultry product that:
(a) bears or contains any poisonous or deleterious substance that may render it injuriousto health, but, if the substance is not an added substance, the meat or poultry product is notconsidered adulterated under this subsection if the quantity of the substance in or on the meat orpoultry product does not ordinarily render it injurious to health;
(b) bears or contains, by reason of the administration of any substance to the animal orotherwise, any added poisonous or added deleterious substance that in the judgment of thecommissioner makes the meat or poultry product unfit for human food;
(c) contains, in whole or in part, a raw agricultural commodity and that commodity bearsor contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec. 346a;
(d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.Sec. 348;
(e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.Sec. 379e; provided, that a meat or poultry product that is not otherwise considered adulteratedunder Subsection (1)(c) or (d) of this section is considered adulterated if use of the pesticidechemical, food additive, or color additive is prohibited in official establishments by federal law,regulation, or standard;
(f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is forany other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(g) has been prepared, packaged, or held under unsanitary conditions if the meat orpoultry product may have become contaminated with filth, or if it may have been renderedinjurious to health;
(h) is in whole or in part the product of an animal that died other than by slaughter;
(i) is contained in a container that is composed, in whole or in part, of any poisonous ordeleterious substance that may render the meat or poultry product injurious to health;
(j) has been intentionally subjected to radiation, unless the use of the radiation conformswith a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
(k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or ifdamage or inferiority is concealed in any manner; or if any substance has been added, mixed, orpacked with the meat or poultry product to increase its bulk or weight, or reduce its quality orstrength, or to make it appear better or of greater value; or
(l) is margarine containing animal fat and any of the raw material used in the margarineconsists in whole or in part of any filthy, putrid, or decomposed substance.
(2) "Animal" means a domesticated or captive mammalian or avian species.
(3) "Animal food manufacturer" means any person engaged in the business of preparinganimal food derived from animal carcasses or parts or products of the carcasses.
(4) "Ante mortem inspection" means an inspection of a live animal immediately beforeslaughter.
(5) "Broker" means any person engaged in the business of buying and selling meat orpoultry products other than for the person's own account.
(6) "Capable of use as human food" means any animal carcass, or part or product of acarcass, unless it is denatured or otherwise identified as required by rules of the department todeter its use as human food.

(7) "Commissioner" includes a person authorized by the commissioner to carry out thischapter's provisions.
(8) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,wrapper, or cover.
(9) "Custom exempt processing" means processing meat or wild game as a service forthe person who owns the meat or wild game and uses the meat and meat food products for theperson's own consumption, including consumption by immediate family members andnon-paying guests.
(10) "Custom exempt slaughter":
(a) means slaughtering an animal as a service for the person who owns the animal anduses the meat and meat products for the person's own consumption, including consumption byimmediate family members and non-paying guests; and
(b) includes farm custom slaughter.
(11) "Director of meat inspection" means a licensed graduate veterinarian whose dutiesand responsibilities are specified by the commissioner.
(12) "Diseased animal":
(a) means an animal that:
(i) is diagnosed with a disease not known to be cured; or
(ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
(b) does not include an otherwise healthy animal that suffers only from injuries such asfractures, cuts, or bruises.
(13) "Farm custom slaughter" means custom exempt slaughtering of an animal for anowner without inspection.
(14) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that is usedby a farm custom slaughter licensee to slaughter animals on the animal owner's property.
(15) "Farm custom slaughter license" means a license issued by the department to allowfarm custom slaughter.
(16) "Farm custom slaughter tag" means a tag that specifies the animal's identificationand certifies its ownership, which is issued by the department through a brand inspector to theowner of the animal before it is slaughtered.
(17) "Federal acts" means:
(a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq;
(b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; and
(c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq.
(18) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to it.
(19) "Immediate container" means any consumer package, or any other container inwhich meat or poultry products not consumer packaged, are packed.
(20) "Inspector" means a licensed veterinarian or competent lay person working underthe supervision of a licensed graduate veterinarian.
(21) "Label" means a display of printed or graphic matter upon any meat or poultryproduct or the immediate container, not including package liners, of any such product.
(22) "Labeling" means all labels and other printed or graphic matter:
(a) upon any meat or poultry product or any of its containers or wrappers; or
(b) accompanying a meat or poultry product.

(23) "Licensee" means a person who holds a valid farm custom slaughter license.
(24) "Meat" means the edible muscle and other edible parts of an animal, includingedible:
(a) skeletal muscle;
(b) organs;
(c) muscle found in the tongue, diaphragm, heart, or esophagus; and
(d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and isnot ordinarily removed in processing.
(25) "Meat establishment" means a plant or fixed premises used to:
(a) slaughter animals for human consumption; or
(b) process meat or poultry products for human consumption.
(26) "Meat product" means any product capable of use as human food that is madewholly or in part from any meat or other part of the carcass of any non-avian animal.
(27) "Misbranded" means any meat or poultry product that:
(a) bears a label that is false or misleading in any particular;
(b) is offered for sale under the name of another food;
(c) is an imitation of another food, unless the label bears, in type of uniform size andprominence, the word "imitation" followed by the name of the food imitated;
(d) if its container is so made, formed, or filled as to be misleading;
(e) does not bear a label showing:
(i) the name and place of business of the manufacturer, packer, or distributor; and
(ii) an accurate statement of the quantity of the product in terms of weight, measure, ornumerical count; provided, that under this Subsection (27)(e), exemptions as to meat and poultryproducts not in containers may be established by rules of the department and that under thisSubsection (27)(e)(ii), reasonable variations may be permitted, and exemptions for smallpackages may be established for meat or poultry products by rule of the department;
(f) does not bear any word, statement, or other information required by or under authorityof this chapter to appear on the label or other labeling is not prominently placed with suchconspicuousness, 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 undercustomary conditions of purchase and use;
(g) is a food for which a definition and standard of identity or composition has beenprescribed by rules of the department under Section 4-32-7 if the food does not conform to thedefinition and standard and the label does not bear the name of the food and any otherinformation that is required by the rule;
(h) is a food for which a standard of fill has been prescribed by rule of the department forthe container and the actual fill of the container falls below that prescribed unless its label bears,in a manner and form as the rule specifies, a statement that it falls below the standard;
(i) is a food for which no standard or definition of identity has been prescribed underSubsection (27)(g) unless its label bears:
(i) the common or usual name of the food, if there be any; and
(ii) if it is fabricated from two or more ingredients, the common or usual name of eachsuch ingredient; except that spices, flavorings, and colorings may, when authorized by thedepartment, be designated as spices, flavorings, and colorings without naming each; provided,that to the extent that compliance with the requirements of this Subsection (27)(i)(ii) is

impracticable, or results in deception or unfair competition, exemptions shall be established byrule;
(j) is a food that purports to be or is represented to be for special dietary uses, unless itslabel bears information concerning its vitamin, mineral, and other dietary properties as thedepartment, after consultation with the Secretary of Agriculture of the United States, prescribesby rules as necessary to inform purchasers as to its value for special dietary uses;
(k) 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 therequirements of this subsection are impracticable, exemptions shall be prescribed by rules of thedepartment; or
(l) does not bear directly thereon and on its containers, as the department may prescribeby rule, the official inspection legend and establishment number of the official establishmentwhere the product was prepared, and, unrestricted by any of the foregoing, other information asthe department may require by rule to assure that the meat or poultry product will not have falseor misleading labeling and that the public will be informed of the manner of handling required tomaintain it in a wholesome condition.
(28) "Official certificate" means any certificate prescribed by rules of the department forissuance by an inspector or other person performing official functions under this chapter.
(29) "Official device" means any device prescribed or authorized by the commissionerfor use in applying any official mark.
(30) "Official establishment" means any establishment at which inspection of theslaughter of animals or the preparation of meat or poultry products is maintained under theauthority of this chapter.
(31) "Official inspection legend" means any symbol prescribed by rules of thedepartment showing that a meat or poultry product was inspected and passed in accordance withthis chapter.
(32) "Official mark" means the official legend or any other symbol prescribed by rules ofthe department to identify the status of any animal carcass or meat or poultry product under thischapter.
(33) "Pesticide chemical," "food additive," "color additive," and "raw agriculturalcommodity," have the same meanings for purposes of this chapter as ascribed to them in theFederal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
(34) "Post mortem inspection" means an inspection of a slaughtered food animal'scarcass after slaughter.
(35) "Poultry" means any domesticated bird, whether living or dead.
(36) "Poultry product" means any product capable of use as human food that is madewholly or in part from any poultry carcass, excepting products that contain poultry ingredients inrelatively small proportion or that historically have not been considered by consumers asproducts of the poultry food industry, and that are exempted from definition as a poultry productby the commissioner.
(37) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, orotherwise manufactured or processed.
(38) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or preparemeat or poultry products.
(39) "Renderer" means any person engaged in the business of rendering animal carcasses,

or parts or products of animal carcasses, except rendering conducted under inspection orexemption under this chapter.
(40) "Slaughter" means:
(a) the killing of an animal in a humane manner including skinning or dressing; or
(b) the process of performing any of the specified acts in preparing an animal for humanconsumption.
(41) "Wild game" means an animal, the products of which are food that is not classifiedas a domesticated food animal, captive game animal, or captive game bird, including thefollowing when not domesticated:
(a) deer;
(b) elk;
(c) antelope;
(d) moose;
(e) bison;
(f) bear;
(g) rabbit;
(h) squirrel;
(i) raccoon; and
(j) birds.

Amended by Chapter 242, 2010 General Session
Amended by Chapter 378, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-32 > 4-32-3

4-32-3. Definitions.
As used in this chapter:
(1) "Adulterated" means any meat or poultry product that:
(a) bears or contains any poisonous or deleterious substance that may render it injuriousto health, but, if the substance is not an added substance, the meat or poultry product is notconsidered adulterated under this subsection if the quantity of the substance in or on the meat orpoultry product does not ordinarily render it injurious to health;
(b) bears or contains, by reason of the administration of any substance to the animal orotherwise, any added poisonous or added deleterious substance that in the judgment of thecommissioner makes the meat or poultry product unfit for human food;
(c) contains, in whole or in part, a raw agricultural commodity and that commodity bearsor contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec. 346a;
(d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.Sec. 348;
(e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.Sec. 379e; provided, that a meat or poultry product that is not otherwise considered adulteratedunder Subsection (1)(c) or (d) of this section is considered adulterated if use of the pesticidechemical, food additive, or color additive is prohibited in official establishments by federal law,regulation, or standard;
(f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is forany other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(g) has been prepared, packaged, or held under unsanitary conditions if the meat orpoultry product may have become contaminated with filth, or if it may have been renderedinjurious to health;
(h) is in whole or in part the product of an animal that died other than by slaughter;
(i) is contained in a container that is composed, in whole or in part, of any poisonous ordeleterious substance that may render the meat or poultry product injurious to health;
(j) has been intentionally subjected to radiation, unless the use of the radiation conformswith a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
(k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or ifdamage or inferiority is concealed in any manner; or if any substance has been added, mixed, orpacked with the meat or poultry product to increase its bulk or weight, or reduce its quality orstrength, or to make it appear better or of greater value; or
(l) is margarine containing animal fat and any of the raw material used in the margarineconsists in whole or in part of any filthy, putrid, or decomposed substance.
(2) "Animal" means a domesticated or captive mammalian or avian species.
(3) "Animal food manufacturer" means any person engaged in the business of preparinganimal food derived from animal carcasses or parts or products of the carcasses.
(4) "Ante mortem inspection" means an inspection of a live animal immediately beforeslaughter.
(5) "Broker" means any person engaged in the business of buying and selling meat orpoultry products other than for the person's own account.
(6) "Capable of use as human food" means any animal carcass, or part or product of acarcass, unless it is denatured or otherwise identified as required by rules of the department todeter its use as human food.

(7) "Commissioner" includes a person authorized by the commissioner to carry out thischapter's provisions.
(8) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,wrapper, or cover.
(9) "Custom exempt processing" means processing meat or wild game as a service forthe person who owns the meat or wild game and uses the meat and meat food products for theperson's own consumption, including consumption by immediate family members andnon-paying guests.
(10) "Custom exempt slaughter":
(a) means slaughtering an animal as a service for the person who owns the animal anduses the meat and meat products for the person's own consumption, including consumption byimmediate family members and non-paying guests; and
(b) includes farm custom slaughter.
(11) "Director of meat inspection" means a licensed graduate veterinarian whose dutiesand responsibilities are specified by the commissioner.
(12) "Diseased animal":
(a) means an animal that:
(i) is diagnosed with a disease not known to be cured; or
(ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
(b) does not include an otherwise healthy animal that suffers only from injuries such asfractures, cuts, or bruises.
(13) "Farm custom slaughter" means custom exempt slaughtering of an animal for anowner without inspection.
(14) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that is usedby a farm custom slaughter licensee to slaughter animals on the animal owner's property.
(15) "Farm custom slaughter license" means a license issued by the department to allowfarm custom slaughter.
(16) "Farm custom slaughter tag" means a tag that specifies the animal's identificationand certifies its ownership, which is issued by the department through a brand inspector to theowner of the animal before it is slaughtered.
(17) "Federal acts" means:
(a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq;
(b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; and
(c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq.
(18) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to it.
(19) "Immediate container" means any consumer package, or any other container inwhich meat or poultry products not consumer packaged, are packed.
(20) "Inspector" means a licensed veterinarian or competent lay person working underthe supervision of a licensed graduate veterinarian.
(21) "Label" means a display of printed or graphic matter upon any meat or poultryproduct or the immediate container, not including package liners, of any such product.
(22) "Labeling" means all labels and other printed or graphic matter:
(a) upon any meat or poultry product or any of its containers or wrappers; or
(b) accompanying a meat or poultry product.

(23) "Licensee" means a person who holds a valid farm custom slaughter license.
(24) "Meat" means the edible muscle and other edible parts of an animal, includingedible:
(a) skeletal muscle;
(b) organs;
(c) muscle found in the tongue, diaphragm, heart, or esophagus; and
(d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and isnot ordinarily removed in processing.
(25) "Meat establishment" means a plant or fixed premises used to:
(a) slaughter animals for human consumption; or
(b) process meat or poultry products for human consumption.
(26) "Meat product" means any product capable of use as human food that is madewholly or in part from any meat or other part of the carcass of any non-avian animal.
(27) "Misbranded" means any meat or poultry product that:
(a) bears a label that is false or misleading in any particular;
(b) is offered for sale under the name of another food;
(c) is an imitation of another food, unless the label bears, in type of uniform size andprominence, the word "imitation" followed by the name of the food imitated;
(d) if its container is so made, formed, or filled as to be misleading;
(e) does not bear a label showing:
(i) the name and place of business of the manufacturer, packer, or distributor; and
(ii) an accurate statement of the quantity of the product in terms of weight, measure, ornumerical count; provided, that under this Subsection (27)(e), exemptions as to meat and poultryproducts not in containers may be established by rules of the department and that under thisSubsection (27)(e)(ii), reasonable variations may be permitted, and exemptions for smallpackages may be established for meat or poultry products by rule of the department;
(f) does not bear any word, statement, or other information required by or under authorityof this chapter to appear on the label or other labeling is not prominently placed with suchconspicuousness, 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 undercustomary conditions of purchase and use;
(g) is a food for which a definition and standard of identity or composition has beenprescribed by rules of the department under Section 4-32-7 if the food does not conform to thedefinition and standard and the label does not bear the name of the food and any otherinformation that is required by the rule;
(h) is a food for which a standard of fill has been prescribed by rule of the department forthe container and the actual fill of the container falls below that prescribed unless its label bears,in a manner and form as the rule specifies, a statement that it falls below the standard;
(i) is a food for which no standard or definition of identity has been prescribed underSubsection (27)(g) unless its label bears:
(i) the common or usual name of the food, if there be any; and
(ii) if it is fabricated from two or more ingredients, the common or usual name of eachsuch ingredient; except that spices, flavorings, and colorings may, when authorized by thedepartment, be designated as spices, flavorings, and colorings without naming each; provided,that to the extent that compliance with the requirements of this Subsection (27)(i)(ii) is

impracticable, or results in deception or unfair competition, exemptions shall be established byrule;
(j) is a food that purports to be or is represented to be for special dietary uses, unless itslabel bears information concerning its vitamin, mineral, and other dietary properties as thedepartment, after consultation with the Secretary of Agriculture of the United States, prescribesby rules as necessary to inform purchasers as to its value for special dietary uses;
(k) 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 therequirements of this subsection are impracticable, exemptions shall be prescribed by rules of thedepartment; or
(l) does not bear directly thereon and on its containers, as the department may prescribeby rule, the official inspection legend and establishment number of the official establishmentwhere the product was prepared, and, unrestricted by any of the foregoing, other information asthe department may require by rule to assure that the meat or poultry product will not have falseor misleading labeling and that the public will be informed of the manner of handling required tomaintain it in a wholesome condition.
(28) "Official certificate" means any certificate prescribed by rules of the department forissuance by an inspector or other person performing official functions under this chapter.
(29) "Official device" means any device prescribed or authorized by the commissionerfor use in applying any official mark.
(30) "Official establishment" means any establishment at which inspection of theslaughter of animals or the preparation of meat or poultry products is maintained under theauthority of this chapter.
(31) "Official inspection legend" means any symbol prescribed by rules of thedepartment showing that a meat or poultry product was inspected and passed in accordance withthis chapter.
(32) "Official mark" means the official legend or any other symbol prescribed by rules ofthe department to identify the status of any animal carcass or meat or poultry product under thischapter.
(33) "Pesticide chemical," "food additive," "color additive," and "raw agriculturalcommodity," have the same meanings for purposes of this chapter as ascribed to them in theFederal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
(34) "Post mortem inspection" means an inspection of a slaughtered food animal'scarcass after slaughter.
(35) "Poultry" means any domesticated bird, whether living or dead.
(36) "Poultry product" means any product capable of use as human food that is madewholly or in part from any poultry carcass, excepting products that contain poultry ingredients inrelatively small proportion or that historically have not been considered by consumers asproducts of the poultry food industry, and that are exempted from definition as a poultry productby the commissioner.
(37) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, orotherwise manufactured or processed.
(38) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or preparemeat or poultry products.
(39) "Renderer" means any person engaged in the business of rendering animal carcasses,

or parts or products of animal carcasses, except rendering conducted under inspection orexemption under this chapter.
(40) "Slaughter" means:
(a) the killing of an animal in a humane manner including skinning or dressing; or
(b) the process of performing any of the specified acts in preparing an animal for humanconsumption.
(41) "Wild game" means an animal, the products of which are food that is not classifiedas a domesticated food animal, captive game animal, or captive game bird, including thefollowing when not domesticated:
(a) deer;
(b) elk;
(c) antelope;
(d) moose;
(e) bison;
(f) bear;
(g) rabbit;
(h) squirrel;
(i) raccoon; and
(j) birds.

Amended by Chapter 242, 2010 General Session
Amended by Chapter 378, 2010 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-32 > 4-32-3

4-32-3. Definitions.
As used in this chapter:
(1) "Adulterated" means any meat or poultry product that:
(a) bears or contains any poisonous or deleterious substance that may render it injuriousto health, but, if the substance is not an added substance, the meat or poultry product is notconsidered adulterated under this subsection if the quantity of the substance in or on the meat orpoultry product does not ordinarily render it injurious to health;
(b) bears or contains, by reason of the administration of any substance to the animal orotherwise, any added poisonous or added deleterious substance that in the judgment of thecommissioner makes the meat or poultry product unfit for human food;
(c) contains, in whole or in part, a raw agricultural commodity and that commodity bearsor contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec. 346a;
(d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.Sec. 348;
(e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.Sec. 379e; provided, that a meat or poultry product that is not otherwise considered adulteratedunder Subsection (1)(c) or (d) of this section is considered adulterated if use of the pesticidechemical, food additive, or color additive is prohibited in official establishments by federal law,regulation, or standard;
(f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is forany other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(g) has been prepared, packaged, or held under unsanitary conditions if the meat orpoultry product may have become contaminated with filth, or if it may have been renderedinjurious to health;
(h) is in whole or in part the product of an animal that died other than by slaughter;
(i) is contained in a container that is composed, in whole or in part, of any poisonous ordeleterious substance that may render the meat or poultry product injurious to health;
(j) has been intentionally subjected to radiation, unless the use of the radiation conformswith a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
(k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or ifdamage or inferiority is concealed in any manner; or if any substance has been added, mixed, orpacked with the meat or poultry product to increase its bulk or weight, or reduce its quality orstrength, or to make it appear better or of greater value; or
(l) is margarine containing animal fat and any of the raw material used in the margarineconsists in whole or in part of any filthy, putrid, or decomposed substance.
(2) "Animal" means a domesticated or captive mammalian or avian species.
(3) "Animal food manufacturer" means any person engaged in the business of preparinganimal food derived from animal carcasses or parts or products of the carcasses.
(4) "Ante mortem inspection" means an inspection of a live animal immediately beforeslaughter.
(5) "Broker" means any person engaged in the business of buying and selling meat orpoultry products other than for the person's own account.
(6) "Capable of use as human food" means any animal carcass, or part or product of acarcass, unless it is denatured or otherwise identified as required by rules of the department todeter its use as human food.

(7) "Commissioner" includes a person authorized by the commissioner to carry out thischapter's provisions.
(8) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,wrapper, or cover.
(9) "Custom exempt processing" means processing meat or wild game as a service forthe person who owns the meat or wild game and uses the meat and meat food products for theperson's own consumption, including consumption by immediate family members andnon-paying guests.
(10) "Custom exempt slaughter":
(a) means slaughtering an animal as a service for the person who owns the animal anduses the meat and meat products for the person's own consumption, including consumption byimmediate family members and non-paying guests; and
(b) includes farm custom slaughter.
(11) "Director of meat inspection" means a licensed graduate veterinarian whose dutiesand responsibilities are specified by the commissioner.
(12) "Diseased animal":
(a) means an animal that:
(i) is diagnosed with a disease not known to be cured; or
(ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
(b) does not include an otherwise healthy animal that suffers only from injuries such asfractures, cuts, or bruises.
(13) "Farm custom slaughter" means custom exempt slaughtering of an animal for anowner without inspection.
(14) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that is usedby a farm custom slaughter licensee to slaughter animals on the animal owner's property.
(15) "Farm custom slaughter license" means a license issued by the department to allowfarm custom slaughter.
(16) "Farm custom slaughter tag" means a tag that specifies the animal's identificationand certifies its ownership, which is issued by the department through a brand inspector to theowner of the animal before it is slaughtered.
(17) "Federal acts" means:
(a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq;
(b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; and
(c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq.
(18) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to it.
(19) "Immediate container" means any consumer package, or any other container inwhich meat or poultry products not consumer packaged, are packed.
(20) "Inspector" means a licensed veterinarian or competent lay person working underthe supervision of a licensed graduate veterinarian.
(21) "Label" means a display of printed or graphic matter upon any meat or poultryproduct or the immediate container, not including package liners, of any such product.
(22) "Labeling" means all labels and other printed or graphic matter:
(a) upon any meat or poultry product or any of its containers or wrappers; or
(b) accompanying a meat or poultry product.

(23) "Licensee" means a person who holds a valid farm custom slaughter license.
(24) "Meat" means the edible muscle and other edible parts of an animal, includingedible:
(a) skeletal muscle;
(b) organs;
(c) muscle found in the tongue, diaphragm, heart, or esophagus; and
(d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and isnot ordinarily removed in processing.
(25) "Meat establishment" means a plant or fixed premises used to:
(a) slaughter animals for human consumption; or
(b) process meat or poultry products for human consumption.
(26) "Meat product" means any product capable of use as human food that is madewholly or in part from any meat or other part of the carcass of any non-avian animal.
(27) "Misbranded" means any meat or poultry product that:
(a) bears a label that is false or misleading in any particular;
(b) is offered for sale under the name of another food;
(c) is an imitation of another food, unless the label bears, in type of uniform size andprominence, the word "imitation" followed by the name of the food imitated;
(d) if its container is so made, formed, or filled as to be misleading;
(e) does not bear a label showing:
(i) the name and place of business of the manufacturer, packer, or distributor; and
(ii) an accurate statement of the quantity of the product in terms of weight, measure, ornumerical count; provided, that under this Subsection (27)(e), exemptions as to meat and poultryproducts not in containers may be established by rules of the department and that under thisSubsection (27)(e)(ii), reasonable variations may be permitted, and exemptions for smallpackages may be established for meat or poultry products by rule of the department;
(f) does not bear any word, statement, or other information required by or under authorityof this chapter to appear on the label or other labeling is not prominently placed with suchconspicuousness, 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 undercustomary conditions of purchase and use;
(g) is a food for which a definition and standard of identity or composition has beenprescribed by rules of the department under Section 4-32-7 if the food does not conform to thedefinition and standard and the label does not bear the name of the food and any otherinformation that is required by the rule;
(h) is a food for which a standard of fill has been prescribed by rule of the department forthe container and the actual fill of the container falls below that prescribed unless its label bears,in a manner and form as the rule specifies, a statement that it falls below the standard;
(i) is a food for which no standard or definition of identity has been prescribed underSubsection (27)(g) unless its label bears:
(i) the common or usual name of the food, if there be any; and
(ii) if it is fabricated from two or more ingredients, the common or usual name of eachsuch ingredient; except that spices, flavorings, and colorings may, when authorized by thedepartment, be designated as spices, flavorings, and colorings without naming each; provided,that to the extent that compliance with the requirements of this Subsection (27)(i)(ii) is

impracticable, or results in deception or unfair competition, exemptions shall be established byrule;
(j) is a food that purports to be or is represented to be for special dietary uses, unless itslabel bears information concerning its vitamin, mineral, and other dietary properties as thedepartment, after consultation with the Secretary of Agriculture of the United States, prescribesby rules as necessary to inform purchasers as to its value for special dietary uses;
(k) 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 therequirements of this subsection are impracticable, exemptions shall be prescribed by rules of thedepartment; or
(l) does not bear directly thereon and on its containers, as the department may prescribeby rule, the official inspection legend and establishment number of the official establishmentwhere the product was prepared, and, unrestricted by any of the foregoing, other information asthe department may require by rule to assure that the meat or poultry product will not have falseor misleading labeling and that the public will be informed of the manner of handling required tomaintain it in a wholesome condition.
(28) "Official certificate" means any certificate prescribed by rules of the department forissuance by an inspector or other person performing official functions under this chapter.
(29) "Official device" means any device prescribed or authorized by the commissionerfor use in applying any official mark.
(30) "Official establishment" means any establishment at which inspection of theslaughter of animals or the preparation of meat or poultry products is maintained under theauthority of this chapter.
(31) "Official inspection legend" means any symbol prescribed by rules of thedepartment showing that a meat or poultry product was inspected and passed in accordance withthis chapter.
(32) "Official mark" means the official legend or any other symbol prescribed by rules ofthe department to identify the status of any animal carcass or meat or poultry product under thischapter.
(33) "Pesticide chemical," "food additive," "color additive," and "raw agriculturalcommodity," have the same meanings for purposes of this chapter as ascribed to them in theFederal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
(34) "Post mortem inspection" means an inspection of a slaughtered food animal'scarcass after slaughter.
(35) "Poultry" means any domesticated bird, whether living or dead.
(36) "Poultry product" means any product capable of use as human food that is madewholly or in part from any poultry carcass, excepting products that contain poultry ingredients inrelatively small proportion or that historically have not been considered by consumers asproducts of the poultry food industry, and that are exempted from definition as a poultry productby the commissioner.
(37) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, orotherwise manufactured or processed.
(38) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or preparemeat or poultry products.
(39) "Renderer" means any person engaged in the business of rendering animal carcasses,

or parts or products of animal carcasses, except rendering conducted under inspection orexemption under this chapter.
(40) "Slaughter" means:
(a) the killing of an animal in a humane manner including skinning or dressing; or
(b) the process of performing any of the specified acts in preparing an animal for humanconsumption.
(41) "Wild game" means an animal, the products of which are food that is not classifiedas a domesticated food animal, captive game animal, or captive game bird, including thefollowing when not domesticated:
(a) deer;
(b) elk;
(c) antelope;
(d) moose;
(e) bison;
(f) bear;
(g) rabbit;
(h) squirrel;
(i) raccoon; and
(j) birds.

Amended by Chapter 242, 2010 General Session
Amended by Chapter 378, 2010 General Session


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