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U.S. Code as of:
01/19/04
Section 453. Definitions
For purposes of this chapter -
(a) The term "commerce" means commerce between any State, any
territory, or the District of Columbia, and any place outside
thereof; or within any territory not organized with a legislative
body, or the District of Columbia.
(b) Except as otherwise provided in this chapter, the term
"State" means any State of the United States and the Commonwealth
of Puerto Rico.
(c) The term "territory" means Guam, the Virgin Islands of the
United States, American Samoa, and any other territory or
possession of the United States, excluding the Canal Zone.
(d) The term "United States" means the States, the District of
Columbia, and the territories of the United States.
(e) The term "poultry" means any domesticated bird, whether live
or dead.
(f) The term "poultry product" means any poultry carcass, or part
thereof; or any product which is made wholly or in part from any
poultry carcass or part thereof, excepting products which contain
poultry ingredients only in a relatively small proportion or
historically have not been considered by consumers as products of
the poultry food industry, and which are exempted by the Secretary
from definition as a poultry product under such conditions as the
Secretary may prescribe to assure that the poultry ingredients in
such products are not adulterated and that such products are not
represented as poultry products.
(g) The term "adulterated" shall apply to any poultry 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 otherwise) any added
poisonous or added deleterious substance (other than one which is
(i) a pesticide chemical in or on a raw agricultural commodity;
(ii) a food additive; 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 346a of this title;
(C) if it bears or contains any food additive which is unsafe
within the meaning of section 348 of this title;
(D) if it bears or contains any color additive which is unsafe
within the meaning of section 379e of this title: Provided, That
an article which is not otherwise deemed adulterated 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 reason 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 section 348 of this title;
(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.
(h) The term "misbranded" shall apply to any poultry 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 chapter 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 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 457 of
this title 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 Secretary under section 457 of this title,
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 common or usual name of each such
ingredient; except that spices, flavorings, and colorings may,
when authorized by the Secretary, be designated as spices,
flavorings, and colorings without naming each: Provided, That to
the extent that compliance with the requirements of clause (B) of
this subparagraph (9) is impracticable or results in deception or
unfair competition, exemptions shall be established by
regulations promulgated by the Secretary;
(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 Secretary,
after consultation with the Secretary of Health and Human
Services, determines to be, and by regulations prescribes as,
necessary in order fully to 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 subparagraph (11) is
impracticable, exemptions shall be established by regulations
promulgated by the Secretary; or
(12) if it fails to bear on its containers, and in the case of
nonconsumer packaged carcasses (if the Secretary so requires)
directly thereon, as the Secretary may by regulations prescribe,
the official inspection legend and official establishment number
of the establishment where the article was processed, and,
unrestricted by any of the foregoing, such other information as
the Secretary 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.
(i) The term "Secretary" means the Secretary of Agriculture or
his delegate.
(j) The term "person" means any individual, partnership,
corporation, association, or other business unit.
(k) The term "inspector" means: (1) an employee or official of
the United States Government authorized by the Secretary to inspect
poultry and poultry products under the authority of this chapter,
or (2) any employee or official of the government of any State or
territory or the District of Columbia authorized by the Secretary
to inspect poultry and poultry products under authority of this
chapter, under an agreement entered into between the Secretary and
the appropriate State or other agency.
(l) The term "official mark" means the official inspection legend
or any other symbol prescribed by regulation of the Secretary to
identify the status of any article or poultry under this chapter.
(m) The term "official inspection legend" means any symbol
prescribed by regulations of the Secretary showing that an article
was inspected for wholesomeness in accordance with this chapter.
(n) The term "official certificate" means any certificate
prescribed by regulations of the Secretary for issuance by an
inspector or other person performing official functions under this
chapter.
(o) The term "official device" means any device prescribed or
authorized by the Secretary for use in applying any official mark.
(p) The term "official establishment" means any establishment as
determined by the Secretary at which inspection of the slaughter of
poultry, or the processing of poultry products, is maintained under
the authority of this chapter.
(q) The term "inspection service" means the official Government
service within the Department of Agriculture designated by the
Secretary as having the responsibility for carrying out the
provisions of this chapter.
(r) The term "container" or "package" includes any box, can, tin,
cloth, plastic, or other receptacle, wrapper, or cover.
(s) The term "label" means a display of written, printed, or
graphic matter upon any article or the immediate container (not
including packaged liners) of any article; and the term "labeling"
means all labels and other written, printed, or graphic matter (1)
upon any article or any of its containers or wrappers, or (2)
accompanying such article.
(t) The term "shipping container" means any container used or
intended for use in packaging the product packed in an immediate
container.
(u) The term "immediate container" includes any consumer package;
or any other container in which poultry products, not consumer
packaged, are packed.
(v) The term "capable of use as human food" shall apply to any
carcass, or part or product of a carcass, of any poultry, unless it
is denatured or otherwise identified as required by regulations
prescribed by the Secretary to deter its use as human food, or it
is naturally inedible by humans.
(w) The term "processed" means slaughtered, canned, salted,
stuffed, rendered, boned, cut up, or otherwise manufactured or
processed.
(x) The term "Federal Food, Drug, and Cosmetic Act" means the Act
so entitled, approved June 25, 1938 (52 Stat. 1040) [21 U.S.C. 301
et seq.], and Acts amendatory thereof or supplementary thereto.
(y) The terms "pesticide chemical", "food additive", "color
additive", and "raw agricultural commodity" shall have the same
meanings for purposes of this chapter as under the Federal Food,
Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].
(z) The term "poultry products broker" means any person engaged
in the business of buying or selling poultry products on
commission, or otherwise negotiating purchases or sales of such
articles other than for his own account or as an employee of
another person.
(aa) The term "renderer" means any person engaged in the business
of rendering carcasses, or parts or products of the carcasses, of
poultry, except rendering conducted under inspection or exemption
under this chapter.
(bb) The term "animal food manufacturer" means any person engaged
in the business of manufacturing or processing animal food derived
wholly or in part from carcasses, or parts or products of the
carcasses, of poultry.
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