| (2) |
As used
in this chapter, unless otherwise required by the context, the following terms
shall be construed; respectively to mean:
| (b) |
The Department. The
Georgia Department of Agriculture. |
| (e) |
Commissioner. The Commissioner of the
Georgia Department of Agriculture, the Administrator. When used in these Rules,
the Commissioner shall also mean any person duly authorized by him to carry out
the provisions of these regulations. |
| (f) |
Program. The Meat Inspection Program of the
Georgia Department of Agriculture. |
| (g) |
Inspector. An inspector of the
program. |
| (h) |
Program Employee. Any
inspector or other individual employed by the Department who is authorized by the
Commissioner to do any work or perform any duty in connection with the
program. |
| (i) |
Official establishment.
Any slaughtering, cutting, boning, meat canning, curing, smoking, salting,
packing, rendering, or similar establishment at which inspection is maintained
under the regulations in this chapter. |
| (j) |
District Supervisor. The District
Supervisor of a district. |
| (k) |
District. One of the geographical areas designated as a district by the
Department of Agriculture. |
| (m) |
Firm. Any partnership,
association, or other unincorporated business organization. |
| (n) |
Meat broker. Any person engaged in the
business of buying or selling carcasses, parts of carcasses, meat or meat food
products of livestock on commission, or otherwise negotiating purchases or sales
of such articles other than for his own account or as an employee of another
person. |
| (o) |
Renderer. Any person
engaged in the business of rendering carcasses or parts or products or the
carcasses of any livestock except rendering conducted under inspection or
exemption under the Act. |
| (p) |
Animal
food. Any article intended for use as food for dogs, cats, or other animals
derived wholly, or in part, from the carcass or parts or products of the carcass
of any livestock, except that the term animal food as used herein does not
include livestock and poultry feeds manufactured from processed animal byproducts
(such as meatmeal tankage, meat and bonemeal, bloodmeal, and feed grade animal
fat). |
| (q) |
Animal food manufacturer.
Any person engaged in the business of manufacturing or processing animal food
except manufacturers of livestock and poultry feeds with respect to any activity
of acquiring or using processed animal byproducts (such as meatmeal tankage, meat
and bonemeal, bloodmeal, and feed grade animal fat in the manufacture of such
feeds.) |
| (r) |
State. Any state of the
United States or Commonwealth of Puerto Rico. |
| (v) |
Capable of use as human food. This term
applies to any carcass, or part or product of a carcass, of any livestock, unless
it is denatured or otherwise identified as required by the applicable provisions
of 40-10-1-.16 of this chapter to deter
its use as a human food or it is naturally inedible by humans; e.g., hoofs or
horns in their natural state. |
| (w) |
Edible. Intended for use as human food. |
| (x) |
Inedible. Adulterated, uninspected, or not
intended for use as human food. |
| (y) |
Prepared. Slaughtered, canned, salted, rendered, boned, cut up, or otherwise
manufactured or processed. |
| (z) |
Cutting up. Any division of any carcass or part thereof, except that the trimming
of carcasses or parts thereof to remove surface contaminants is not considered as
cutting up. |
| (aa) |
Adulterated. This
term applies to any carcass, part thereof, meat or meat food 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. |
If it bears or contains
any of the following:
| (i) |
If it bears or
contains (by reason of administration of any substance to the live animal or
otherwise) any added poisonous or added deleterious substances (other than one
which is: a pesticide chemical in or on a raw agricultural commodity, a food
additive, or a color additive), which may, in the judgment of the Commissioner,
make such article unfit for human food; |
| (ii) |
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 408 of the Federal Food, Drug, and
Cosmetic Act; |
| (iii) |
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; |
| (iv) |
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 deemed adulterated under
sub-division (ii), (iii), or this (iv) of this subparagraph shall nevertheless be
deemed adulterated if use of the pesticide chemical, food additive, or color
additive in or on such article is prohibited by the regulations in this chapter
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 unsanitary 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 an animal which has died otherwise than by slaughter; |
| 6. |
If its container is composed, in whole or in
part, of any poisonous or deleterious substances which may render the contents
injurious to health; |
| 7. |
If it has
been intentionally subject 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; |
| 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; or |
| 9. |
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, or is otherwise adulterated. |
|
| (bb) |
"Inspected and passed" or
"Georgia inspected and passed" or "Georgia inspected and passed by Department of
Agriculture" (or any authorized abbreviation thereof). This term means that the
product so identified has been inspected and passed under the regulations in this
chapter, and at the time it was inspected, passed, and identified, it was found
to be not adulterated. |
| (cc) |
Georgia
passed for cooking. This term means that the meat byproduct so identified has
been inspected and passed on condition that it is rendered into lard, rendered
pork fat, or tallow, as prescribed by the regulations in
40-10-1-.17 of this chapter. |
| (dd) |
Georgia passed for refrigeration. This
term means that the meat or meat byproduct so identified has been inspected and
passed on condition that it be refrigerated or otherwise handled as prescribed by
the regulations in
40-10-1-.13 of this chapter. |
| (ee) |
Georgia inspected and condemned (or any
authorized abbreviation thereof). This term means that the carcass, viscera,
other part of carcass, or other product so identified has been inspected, found
to be adulterated, and condemned under the regulations in this chapter. |
| (ff) |
Georgia retained. This term means that the
carcass, viscera, other parts of the carcass, or other product, or article so
identified is held for further examination by an inspector to determine its
disposal. |
| (gg) |
Georgia suspect. This
term means that the livestock so identified is suspected of being affected with a
disease or condition which may require its condemnation, in whole or in part,
when slaughtered, and is subject to further examination by an inspector to
determine its disposal. |
| (hh) |
Georgia
condemned. This term means that the livestock so identified has been inspected
and found to be in a dying condition, or to be affected with any other condition
or disease that would require condemnation of its carcass. |
| (ii) |
Misbranded. This term applies to any
carcass, part thereof, meat or meat food 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. |
If in a package or other container unless it
bears 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 contents in terms of weight, measure, or numerical count; except as otherwise
provided in 40-10-1-.19 of
this chapter with respect to the quantity of contents; |
|
| 6. |
If any word, statement, or other information
required by or under authority of the 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 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 the regulations in
40-10-1-.21 of this chapter unless:
| (i) |
It conforms to such definition and
standard, and |
| (ii) |
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 the regulations in
40-10-1-.21 of this chapter, 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. of this paragraph unless
its label bears:
| (i) |
The common or usual name
of the food, if any there be, and |
| (ii) |
In case it is fabricated from two or more
ingredients the common or usual name of each such ingredient, except as otherwise
provided in 40-10-1-.19 of
this chapter. |
|
| 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
is required by the regulations in
40-10-1-.19 of this chapter. |
| 11. |
If it bears or contains any artificial
flavoring, artificial coloring, or chemical preservative, unless it bears a label
stating that fact; except as otherwise provided by the regulations in
40-10-1-.19 of this chapter;
or |
| 12. |
If it fails to bear, directly
thereon or on its containers, when required by the regulations in
40-10-1-.18 or .19 of this chapter,
the inspection legend and, unrestricted by any of the foregoing, such other
information as the Commissioner 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. |
|
| (jj) |
Label. A display of written, printed, or graphic matter, upon the immediate
container (not including package liners) of any article. |
| (kk) |
Labeling. All labels and other written,
printed or graphic matter:
| 1. |
Upon any article
or any of its containers or wrappers, or |
| 2. |
Accompany such article. |
|
| (ll) |
Federal Food, Drug, and Cosmetic Act. The
Act so entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory
thereof or supplementary thereto. |
| (mm) |
Pesticide chemical, food additive, color
additive, raw agricultural commodity. These terms shall have the same meanings
for purposes of the Act and the regulations in this chapter as under the Federal
Food, Drug and Cosmetic Act. |
| (nn) |
Official mark. The official inspection legend or any other symbol prescribed by
the regulations in this chapter to identify the status of any article or animal
under the Act. |
| (oo) |
Official
inspection legend. Any symbol prescribed by the regulations in this chapter
showing that an article was inspected and passed in accordance with the
Act. |
| (pp) |
Official certificate. Any
certificate prescribed by the regulations in this chapter for issuance by an
inspector or other person performing official functions under the Act. |
| (qq) |
Official device. Any device prescribed by
the regulations in
40-10-1-.14 of this chapter for use in
applying any official mark. |
| (rr) |
Livestock. Cattle, sheep, swine, rabbit, goat, horse, mule, or other
equine. |
| (ss) |
Carcass. All parts,
including viscera, of any slaughtered livestock. |
| (tt) |
Meat. The part of the muscle of any
cattle, sheep, swine, or goats, which is skeletal or which is found in the
tongue, in the diaphragm, in the heart, or in the esophagus, with or without the
accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and
blood vessels which normally accompany the muscle tissue and which are not
separated from it in the process of dressing. It does not include the muscle
found in the lips, snout or ears. This term, as applied to products of equines,
shall have a meaning comparable to that provided in this paragraph with respect
to cattle, sheep, swine, and goats. |
| (uu) |
Meat byproduct. Any part capable of use as
human food, other than meat, which has been derived from one or more cattle,
sheep, swine, or goats. This term as applied to products of equines, shall have a
meaning comparable to that provided in this paragraph with respect to cattle,
sheep, swine, and goats. |
| (vv) |
Meat
food product. Any article capable of use as human food which is made wholly or in
part from any meat or other portion of the carcass of any cattle, sheep, swine or
goats, except those exempted from definition as a meat food product by the
Commissioner in specific cases or by the regulations in
40-10-1-.18 or
40-10-1-.19 of this chapter, upon a
determination that they contain meat or other portions of such carcasses only in
a relatively small proportion or historically have not been considered by
consumers as products of the meat food industry, and provided that they comply
with any requirements that are imposed in such cases or regulations as conditions
of such exemptions to assure that the meat or other portions of such carcasses
contained in such articles are not adulterated and that such articles are not
represented as meat food products. This term, as applied to food products of
equines, shall have a meaning comparable to that provided in this paragraph with
respect to cattle, sheep, swine, and goats. |
| (ww) |
Product. Any carcass, meat, meat
byproduct, or meat food product, capable of use as human food. |
| (xx) |
Immediate container. The can, pot, tin,
canvas, or other receptacle or covering in which any product is directly
contained or wholly or partly enclosed. |
| (yy) |
Shipping container. The outside container
(box, bag, barrel, crate, or other receptacle or covering) containing or wholly
or partly enclosed any product packed in one or more immediate
containers. |
| (zz) |
Biological residue.
Any substance, including metabolites, remaining in an animal at time of slaughter
or in any of its tissues after slaughter as the result of treatment or exposure
of the animal to a pesticide, organic or inorganic compound, hormone,
hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer,
or other therapeutic or prophylactic agent. |
| (aaa) |
Experimental animal. Any animal used in
any research investigation involving the feeding or other administration of, or
subjection to, an experimental biological product, drug or chemical or any
nonexperimental biological product, drug or chemical used in a manner for which
it was not intended. |
| (bbb) |
Dead
livestock. The body (cadaver) of livestock which has died otherwise than by
slaughter. |
| (ccc) |
Dying, diseased, or
disabled livestock. Livestock which has or displays symptoms of having any of the
following:
| 1. |
Central nervous system
disorder; |
| 2. |
Abnormal temperature
(high or low); |
| 5. |
Lack of muscular
coordination; |
| 6. |
Inability to walk
normally or stand; |
| 7. |
Any of the
diseases for which livestock is required to be condemned on antemortem inspection
in accordance with the regulations in part
40-10-1-.11 of this chapter. |
|
| (ddd) |
Supervision. The controls, as
prescribed in instructions to Program employees, to be exercised by them over
particular operations to insure that such operations are conducted in compliance
with the Act and the regulations in this chapter. |
| (eee) |
Further processing. Smoking, cooking,
canning, curing, refining, or rendering in an official establishment of product
previously prepared in official establishments. |
| (fff) |
Artificial flavoring. A flavoring
containing any sapid or aromatic constituent, which constituent was manufactured
by a process of synthesis or other similar artifice. |
| (ggg) |
Artificial coloring. A coloring
containing any dye or pigment, which dye or pigment was manufactured by a process
of synthesis or other similar artifice, or a coloring which was manufactured by
extracting a natural dye or natural pigment from a plant or other material in
which such dye or pigment was naturally produced. |
| (hhh) |
Chemical preservative. Any chemical that,
when added to a meat or meat food product, tends to prevent or retard
deterioration thereof, but does not include common salt, sugars, vinegars,
spices, or oils extracted from spices or substances added to meat and meat food
products by exposure to wood smoke. Other definitions, if any, that are
applicable only for purposes of a specific part of the regulations in this
chapter, are set forth in such part. |
| (iii) |
Inspector in Charge. A designated program
employee who is in charge of one or more official establishments within a
district and is responsible to the district supervisor or his designee. |
|
