189A.2 - DEFINITIONS.
189A.2 DEFINITIONS.
As used in this chapter except as otherwise specified:
1. "Adulterated" shall apply to any livestock product or
poultry product under any one or more of the following circumstances:
a. 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.
b. (1) If it bears or contains, by reason of administration
of any substance to the livestock or poultry or otherwise, any added
poisonous or deleterious substance, 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
secretary, make such article unfit for human food.
(2) 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.
(3) 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.
(4) 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; however, an article which is not otherwise deemed
adulterated under subparagraph (2), (3), or (4) of this paragraph
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.
c. 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.
d. 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.
e. If it is, in whole or in part, the product of an animal,
including poultry, which has died otherwise than by slaughter.
f. If its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the contents
injurious to health.
g. 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 409 of the federal Food,
Drug, and Cosmetic Act.
h. 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.
i. 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.
2. "Animal food manufacturer" means any person engaged in the
business of preparing animal food, including poultry, derived wholly
or in part from livestock or poultry carcasses or parts or products
of such carcasses.
3. "Broker" means any person engaged in the business of
buying or selling livestock products or poultry products on
commission, or otherwise negotiating purchases or sales of such
articles other than for the person's own account or as an employee of
another person.
4. "Capable of use as human food" shall apply to any
livestock or poultry carcass, or part or product of any such carcass,
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.
5. "Container" or "package" means any box, can, tin,
cloth, plastic or other receptacle, wrapper, or cover.
6. "Establishment" means all premises where animals or
poultry are slaughtered or otherwise prepared, either for custom,
resale, or retail, for food purposes, meat or poultry canneries,
sausage factories, smoking or curing operations, restaurants, grocery
stores, brokerages, cold storage plants, and similar places.
6A. "Farm deer" means the same as defined in section 170.1.
7. "Federal Food, Drug, and Cosmetic Act" means the Act so
entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory
thereof or supplementary thereto.
8. "Federal Meat Inspection Act" means the Act so entitled
approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome
Meat Act (81 Stat. 584); "Federal Poultry Products Inspection
Act" means the Act so entitled approved August 28, 1957 (71 Stat.
441), as amended by the Wholesome Poultry Products Act (82 Stat.
791); and "federal Acts" means these two federal laws.
9. "Immediate container" means any consumer package; or any
other container in which livestock products or poultry products, not
consumer packaged, are packed.
10. "Inspector" means an employee or official of the
department authorized by the secretary or any employee or official of
the government of any county or other governmental subdivision of
this state, authorized by the secretary to perform any inspection
functions under this chapter under an agreement between the secretary
and such governmental subdivision.
11. "Intrastate commerce" means commerce within this state.
12. "Label" means a display of written, printed, or graphic
matter upon any article or the immediate container, not including
package liners, of any article.
13. "Labeling" means all labels and other written, printed,
or graphic matter either upon any article or any of its containers or
wrappers, or accompanying such article.
14. "Livestock" means a live or dead animal which is limited
to cattle, sheep, swine, goats, farm deer, or which is classified as
an equine including a horse or mule.
15. "Livestock product" means any carcass, part thereof,
meat, or meat food product of any livestock.
16. "Meat food product" means any product 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,
excepting products which 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 which are exempted from definition as a meat food
product by the secretary under such conditions as the secretary may
prescribe to assure that the meat or other portions of such carcass
contained in such product are not adulterated and that such products
are not represented as meat food products. This term as applied to
food products of equines or farm deer shall have a meaning comparable
to that provided in this paragraph with respect to cattle, sheep,
swine, and goats.
17. "Misbranded" shall apply to any livestock product or
poultry product under any one or more of the following circumstances:
a. If its labeling is false or misleading in any particular.
b. If it is offered for sale under the name of another food.
c. 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.
d. If its container is so made, formed, or filled as to be
misleading.
e. Unless it bears a label showing both:
(1) The name and place of business of the manufacturer, packer,
or distributor.
(2) An accurate statement of the quantity of the product in terms
of weight, measure, or numerical count; however, under this
paragraph, exemptions as to livestock products not in containers may
be established by regulations prescribed by the secretary, and under
this subparagraph reasonable variations may be permitted, and
exemptions as to small packages may be established for livestock
products or poultry products by regulations prescribed by the
secretary.
f. 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.
g. 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 of the secretary under section 189A.7,
unless it conforms to such definition and standard and 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.
h. 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 189A.7, 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.
i. If it is not subject to the provisions of paragraph
"g" of this subsection, unless its label bears both:
(1) The common or usual name of the food, if any.
(2) 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;
however, to the extent that compliance with the requirements of this
subparagraph is impracticable, or results in deception or unfair
competition, exemptions shall be established by regulations
promulgated by the secretary.
j. 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 agriculture of the United States,
determines to be and by regulations prescribes as necessary in order
to fully inform purchasers as to its value for such uses.
k. If it bears or contains any artificial flavoring,
artificial coloring, or chemical preservative, unless it bears
labeling stating that fact; however, to the extent that compliance
with the requirements of this paragraph is impracticable, exemptions
shall be established by regulations promulgated by the secretary.
l. If it fails to bear, directly thereon and on its
containers, as the secretary may by regulations prescribe, the
official inspection legend and establishment number of the
establishment where the product was prepared 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.
18. "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.
19. "Official device" means any device prescribed or
authorized by the secretary for use in applying any official mark.
20. "Official establishment" means any establishment as
determined by the secretary at which inspection of the slaughter of
livestock or poultry or the preparation of livestock products or
poultry products is maintained under the authority of this chapter.
21. "Official inspection legend" means any symbol prescribed
by regulations of the secretary showing that an article was inspected
and passed in accordance with this chapter.
22. "Official mark" means the official inspection legend or
any other symbol prescribed by regulations of the secretary to
identify the status of any article or livestock or poultry under this
chapter.
23. "Person" includes any individual, partnership,
corporation, association, or other business unit, and any officer,
agent, or employee thereof.
24. "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.
25. "Poultry" means any domesticated bird, whether live or
dead.
26. "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.
27. "Prepared" means slaughtered, canned, salted, stuffed,
rendered, boned, cut up, or otherwise manufactured or processed.
28. "Reinspection" includes inspection of the preparation of
livestock products and poultry products, as well as re-examination of
articles previously inspected.
29. "Renderer" means any person engaged in the business of
rendering livestock or poultry carcasses, or parts or products of
such carcasses, except rendering conducted under inspection or
exemption under this chapter.
30. "Shipping container" means any container used or intended
for use in packaging the product packed in an immediate container.
31. "Veterinary inspector" means a graduate veterinarian with
appropriate training to perform the inspection functions under the
provisions of this chapter. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 189A.2] Section History: Recent Form
86 Acts, ch 1245, § 637; 95 Acts, ch 134, § 1--3; 2003 Acts, ch
149, §12, 23
Referred to in §163.6, 189A.5, 189A.17, 717A.1
Further definitions, see § 189.1