65-6a18. Definitions.
65-6a18
65-6a18. Definitions.As used in this act:
(a) "Secretary" means the secretary of agriculture.
(b) "Person" means any individual, partnership, firm, corporation,association or other business unit or governmental entity.
(c) "Meat broker" means any person, firm or corporationengaged in the business of buying or selling carcasses, parts ofcarcasses, meat or meat food products of livestock on commission, orotherwise negotiatingpurchases or sales of such articles other than for the person'sown account or asan employee of another person.
(d) "Poultry products broker" means any person engaged inthe business of buying or selling poultry products on commission, orotherwise negotiating purchases or sales of such articles other than forthe person's own account or as an employee of another person.
(e) "Animal food manufacturer" means any person engaged in the businessof manufacturing or processinganimal food derived wholly or in part from carcasses, or parts orproducts of the carcasses, of livestock, domestic rabbits or poultry.
(f) "Intrastate commerce" means commerce within the state of Kansas.
(g) "Meat food product" means any product capable of use ashuman food which is made wholly or in part from any meat or otherportions of the carcasses of any livestock ordomestic rabbits, excepting products which contain meat or other portions ofsuch carcasses only in a relatively small proportion or historicallyhave not been considered by consumers as products of the meat foodindustry and which are exempted from definition as a meat food productby the secretary under such conditions as the secretary may prescribe to assurethat the meat or other portions of such carcasses contained in suchproduct are not adulterated and that such products are not representedas meat food products.
(h) "Poultry" means any domesticated bird, whether live or dead.
(i) "Poultry product" means any poultry carcass, or partthereof or any product which is made wholly or in part from any poultrycarcass or part thereof, excepting products which contain poultryingredients only in a relatively small proportion or historically havenot been considered by consumers as products of the poultry foodindustry and which are exempted by the secretary from definition as apoultry product under such conditions as the secretary may prescribe toassure that the poultry ingredients in such products are not adulteratedand that such products are not represented as poultry products.
(j) "Capable of use as human food" means anycarcass, or part or product of a carcass, of any animal unless it isdenatured or otherwise identified as required by regulationsadopted by the state board of agriculture to deter its use as humanfood or it is naturally inedible by humans.
(k) "Prepared" means slaughtered, canned, salted, rendered,boned, cut up or otherwise manufactured or processed.
(l) "Adulterated" means any carcass, or partthereof, any meat or meat food product, or any poultry or poultryproduct under one or more of the following circumstances:
(1) If the product bears or contains any poisonous or deleterioussubstance which may render it injurious to health, except that if thesubstance is not an added substance, the product shall not beconsidered adulterated if the quantity of such substance on or inthe product does not render it injurious to health;
(2) (A) if the product bears or contains, by reason ofadministration by feeding or by injection of any substance to the liveanimal or otherwise, any added poisonous or added deleterious substance,other than one which is (i) a pesticide chemical in or on a rawagricultural commodity; (ii) a food additive; or (iii) a coloradditive, which, in the judgment of the secretary, may make the productunfit for human food;
(B) if the product is, in whole or in part, a raw agriculturalcommodity and bears or contains a pesticide chemical which is unsafewithin the meaning of rules and regulations adoptedby the secretary of agriculture;
(C) if the product bears or contains any food additive which isdeemed unsafe in accordance with rules and regulations adoptedby the secretary of agriculture;
(D) if the product bears or contains any color additive which isdeemed unsafe in accordance with rules and regulations adoptedby the secretary of agriculture; or
(E) any such product which is not adulterated under provisions (B), (C) or(D) shall nevertheless be deemed adulterated ifthe use of the pesticide chemical, the food additive or the coloradditive on or in such product is prohibited by rules and regulations ofthe secretaryof agriculture in establishments at which inspection is maintained underthis act;
(3) if the product 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 the product has been prepared, packed or held underinsanitary conditions whereby it may have become contaminated withfilth or whereby it may have been rendered injurious to health;
(5) if the product is, in whole or in part, the product of ananimal which has died otherwise than by slaughter;
(6) if the container for the product is composed, in whole or inpart, of any poisonous or deleterious substance which may render thecontents injurious to health;
(7) if the product has been intentionally subjected to radiation,unless the use of the radiation was in conformity with a regulation orexemption in effect pursuant to rules and regulations adopted by thesecretary of agriculture;
(8) (A) if any valuable constituent on or in the product has been, inwhole or in part, omitted or abstracted therefrom;
(B) if any substancehas been extracted and substitution made therefor, in whole or in part, orif any damage to, or inferiority of, the product has been concealed inany manner; or
(C) if any substance has been added to such product, or ifany substance has been mixed or packed therewith, so as (i) to increasethe bulk or weight of the product (ii) to reduce the quality orstrength of the product or (iii) to make the product appear better orof greater value than it is, except that this provision does not applyto any cured or smoked pork product by reason of its containing added water; or
(9) if the product is a margarine containing animal fat and ifany of the raw material used therein consisted, in whole or in part, ofany filthy, putrid or decomposed substance.
(m) "Misbranded" means any carcass, part thereof,meat or meat food product, or poultry or poultry product, under any oneor more of the following circumstances:
(1) If the labeling on the product or product container is falseor misleading in any particular;
(2) if the product is offered for sale under the name of another food;
(3) if the product is an imitation of another food, unless itslabel bears, in type of uniform size and prominence, the word"imitation" and immediately thereafter, the name of the food imitated;
(4) if the container on the product is so made, formed or filledas to be misleading;
(5) if the product is in a package or other container, unless itbears a label showing (A) the name and place of business of themanufacturer, packer or distributor and (B) an accurate statement ofthe quantity of the contents in terms of weight, measure or numericalcount; under clause (A) of this provision,reasonable variations may be permitted and exemptions as to smallpackages may be established by rules and regulationsadopted by the secretary of agriculture;
(6) if any word, statement or other information, which is requiredby or under authority of this act to appear on the label or otherlabeling for the product, is not prominently placed thereon with suchconspicuousness (as compared with other words, statements, designs ordevices in the labeling) and in such terms as to render it likely tobe read and understood by the ordinary individual under customaryconditions of purchase and use;
(7) if the product purports to be, or is represented to be, a foodfor which a definition and standard of identity or composition has beenprescribed by rules and regulations of the secretaryof agriculture, unless (A) itconforms to such definition and standard and (B) the label thereonbears the name of the food specified in the definition and standard, andinsofar as may be required by such rules and regulations, the common names ofoptional ingredients (other than spices, flavoring and coloring)present in such food;
(8) if the product purports to be, or is represented to be, a foodfor which a standard of fill of container has been prescribed byrules and regulations of the secretary of agricultureand if such product falls belowthe standard of fill of container applicable thereto, unless its labelbears, in such manner and form as such rules and regulations specify, astatementthat it falls below such standard;
(9) if the product is not subject to provision (7),unless its label bears (A) the common or usual name of the food,if there is any, 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, when authorized by the secretary, may bedesignated as spices, flavorings and colorings without naming each;to the extent that compliance with the requirementsof clause (B) of this provision is impracticable or results in deception orunfair competition, exemptions shall be established by rules and regulationsadopted by the secretary of agriculture;
(10) if the product purports to be, or is represented to be, forspecial dietary uses, unless its label bears such information concerningits vitamin, mineral and other dietary properties as the secretary,after consultation with the secretary of agriculture of the UnitedStates, determines to be, and by rules and regulations adopted by thesecretary ofagriculture are prescribed to be, necessary in orderto fully inform apurchaser as to its value for such uses;
(11) if the product bears or contains any artificial flavoring,artificial coloring or chemical preservative, unless it bears labelingstating that fact; to the extent that compliancewith the requirements of this provision is impracticable, exemptionsshall be established by rules and regulations adoptedby the secretary of agriculture; or
(12) if the product fails to bear directly thereon, or on theproduct container, as the secretary of agriculturemay prescribe by rulesand regulations, the inspection legend unrestricted by any of the foregoingand such other information as the secretary ofagriculture may require insuch rules and regulations to assure that the productwill not have any false ormisleading labeling and that the public will be informed of the mannerof handling required to maintain the product in a wholesome condition.
(n) "Label" means a display of written, printed or graphicmatter upon the immediate container (not including package liners) ofany article.
(o) "Labeling" means all labels and other written, printedor graphic matter (1) upon any article or any of its containers orwrappers or (2) accompanying the article.
(p) "Federal meat inspection act" means the act so entitled,approved March 4, 1907, (21 U.S.C.A. 601 et seq., 34 Stat.1260) as amended by the federal wholesome meatact (8 Stat. 584).
(q) "Federal food, drug and cosmetic act" means the act soentitled, approved June 25, 1938, (21 U.S.C.A. 301 et seq.,52 Stat. 1040) and acts amendatorythereof or supplementary thereto.
(r) "Federal poultry products inspection act" means the actso entitled, approved August 28, 1957, (21 U.S.C.A. 451 etseq., 71 Stat. 441) as amended by thefederal wholesome poultry products act (82 Stat. 791).
(s) "Pesticide chemical," "food additive," "coloradditive" and "raw agricultural commodity" have the meaningsfor purposes of this act as ascribed thereto under K.S.A. 65-656 andamendments thereto.
(t) "Official mark" means the official inspection legend orany other symbol prescribed by rules and regulations of the state board ofagriculture to identify the status of any article or animal under this act.
(u) "Official inspection legend" means any symbolprescribed by rules and regulations of the secretaryof agriculture showing that anarticle was inspected and passed in accordance with this act.
(v) "Official certificate" means any certificate prescribedby rules and regulations of the secretary ofagriculture for issuance by an inspectoror other person performing official functions under this act.
(w) "Official device" means any device prescribed orauthorized by the secretary of agriculture for use inapplying any official mark.
(x) "Slaughterhouse" means any plant which carries on theslaughter and dressing of animals but which does not engage in thefurther processing of meat into meat food products.
(y) "Packing plant" or "packing house" means anyinstallation processing meat into meat food products.
(z) "Buffalo" means the American buffalo or bison (Bos, Bisonbison or Bison americanus).
(aa) "Livestock" means cattle, buffaloes, sheep, swine, goats,domesticated deer, all creatures of the ratite family that are not indigenousto this state, including but not limited to ostriches, emus and rheas orhorses, mules or other equines. Livestock shall not include buffalo ordomesticated deer slaughtered for sport or recreational purpose.
(bb) "Slaughter facility" means a slaughterhouse or poultry dressing plant.
(cc) "Processing facility" means a packing house, sausage plant orpoultry packing plant.
(dd) "Domesticated deer" means any member of the family cervidae which waslegally obtained and is being sold or raised in a confined area for breedingstock; for any carcass, skin or part of such animal; for exhibition; or forcompanionship.
History: L. 1969, ch. 296, § 1; L. 1981, ch. 243, § 1;L. 1985, ch. 211, § 1;L. 1986, ch. 232, § 1;L. 1993, ch. 143, § 9;L. 1994, ch. 79, § 9;L. 2003, ch. 118, § 3;L. 2004, ch. 101, § 89; July 1.