| (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. |
|
