§ 106-549.15. Definitions.
Article 49B.
Meat Inspection Requirements; Adulteration andMisbranding.
§ 106‑549.15. Definitions.
As used in this Article, except as otherwise specified, the followingterms shall have the meanings stated below:
(1) "Adulterated" shall apply to any carcass, partthereof, meat or meat food product under one or more of the followingcircumstances:
a. If it bears or contains any poisonous or deleterioussubstance which may render it injurious to health; but in case the substance isnot an added substance, such article shall not be considered adulterated underthis clause if the quantity of such substance in or on such article does notordinarily render it injurious to health;
b. 1. If it bears or contains (byreason of administration of any substance to the live animal or otherwise) anyadded poisonous or added deleterious substance (other than one which is (i) apesticide chemical in or on a raw agricultural commodity; (ii) a food additive;or (iii) a color additive) which may, in the judgment of the Commissioner, makesuch article unfit for human food;
2. If it is, in whole or in part, a raw agricultural commodityand such commodity bears or contains a pesticide chemical which is unsafewithin the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act;
3. If it bears or contains any food additive which is unsafewithin the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;
4. If it bears or contains any color additive which is unsafewithin the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act:Provided, that an article which is not adulterated under clause 2, 3, or 4shall nevertheless be deemed adulterated if use of the pesticide chemical, foodadditive or color additive in or on such article is prohibited by order of theCommissioner in establishments at which inspection is maintained under thisArticle;
c. If it consists in whole or in part of any filthy, putrid, ordecomposed 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 insanitaryconditions whereby it may have become contaminated with filth, or whereby itmay have been rendered injurious to health;
e. If it is, in whole or in part, the product of an animalwhich has died otherwise than by slaughter;
f. If its container is composed, in whole or in part, of anypoisonous or deleterious substance which may render the contents injurious tohealth;
g. If it has been intentionally subjected to radiation, unlessthe use of the radiation was in conformity with a regulation or exemption ineffect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act;
h. If any valuable constituent has been in whole or in partomitted or abstracted therefrom; or if any substance has been substituted,wholly or in part therefor; or if damage or inferiority has been concealed inany manner; or if any substance has been added thereto or mixed or packedtherewith so as to increase its bulk or weight, or reduce its quality orstrength, or make it appear better or of greater value than it is; or
i. If it is margarine containing animal fat and any of the rawmaterial used therein consist in whole or in part of any filthy, putrid, ordecomposed substance.
(2) "Animal food manufacturer" means any person, firm,or corporation engaged in the business of manufacturing or processing animalfood derived wholly or in part from carcasses, or parts or products of thecarcasses, of cattle, sheep, swine, goats, horses, mules, or other equines.
(3) "Authorized representative" means the Director ofthe Meat and Poultry Inspection Service of the North Carolina Department ofAgriculture and Consumer Services.
(4) "Board" means the North Carolina Board ofAgriculture.
(5) "Capable of use as human food" shall apply to anycarcass, or part or product of a carcass, of any animal, unless it is denaturedor otherwise identified as required by regulations prescribed by the Board todeter its use as human food, or it is naturally inedible by humans.
(6) "Commissioner" means the North CarolinaCommissioner of Agriculture or his authorized representative.
(7) "Federal Food, Drug, and Cosmetic Act" means theact so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatorythereof or supplementary thereto.
(8) "Federal Meat Inspection Act" means the act soentitled approved March 4, 1907 (34 Stat. 1260), as amended by the WholesomeMeat Act (81 Stat. 584).
(9) "Firm" means any partnership, association, orother unincorporated business organization.
(10) "Intrastate commerce" means commerce within thisState.
(11) "Label" means a display of written, printed, orgraphic matter upon the immediate container (not including package liners) ofany article.
(12) "Labeling" means all labels and other written,printed, or graphic matter (i) upon any article or any of its containers orwrappers, or (ii) accompanying such article.
(13) "Meat broker" means any person, firm, corporationengaged in the business of buying or selling carcasses, parts of carcasses,meat, or meat food products of cattle, sheep, swine, goats, bison, horses,mules, or other equines on commission, or otherwise negotiating purchases orsales of such articles other than for his own account or as an employee ofanother person, firm, or corporation.
(14) "Meat food product" means any product capable ofuse as human food that is made wholly or in part from any meat or other portionof the carcass of any cattle, sheep, swine, goats, bison, fallow deer, or reddeer, excepting products that contain meat or other portions of such carcassesonly in a relatively small proportion or historically have not been consideredby consumers as products of the meat food industry, and that are exempted fromdefinition as a meat food product by the Board under such conditions as it mayprescribe to assure that the meat or other portions of such carcasses containedin such product are not adulterated and that such products are not representedas meat food products. This term as applied to food products of equines shallhave a meaning comparable to that provided in this subdivision with respect tocattle, sheep, swine, goats, and bison.
(15) "Misbranded" shall apply to any carcass, partthereof, meat or meat food product under 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 imitation of another food, unless its label bears,in type of uniform size and prominence, the word "imitation" and immediatelythereafter, the name of the food imitated;
d. If its container is so made, formed, or filled as to bemisleading;
e. If in a package or other container unless it bears a labelshowing (i) the name and place of business of the manufacturer, packer, ordistributor; and (ii) an accurate statement of the quantity of the contents interms of weight, measure, or numerical count; provided, that under clause (ii)of this paragraph e, reasonable variations may be permitted, and exemptions asto small packages may be established, by regulations prescribed by the Board;
f. If any word, statement, or other information required by orunder authority of this or the subsequent Article to appear on the label orother labeling is not prominently placed thereon with such conspicuousness (ascompared 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 theordinary individual under customary conditions of purchase and use;
g. If it purports to be or is represented as a food for which adefinition and standard of identity or composition has been prescribed byregulations of the Board under G.S. 106‑549.21 unless (i) it conforms tosuch definition and standard, and (ii) its label bears the name of the foodspecified in the definition and standard and, insofar as may be required bysuch 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 astandard or standards of fill of container have been prescribed by regulationsof the Board under G.S. 106‑549.21, and it falls below the standard offill of container applicable thereto, unless its label bears, in such mannerand form as such regulations specify, a statement that it falls below suchstandard;
i. If it is not subject to the provisions of paragraph g,unless its label bears (i) the common or usual name of the food, if any therebe, and (ii) in case it is fabricated from two or more ingredients, the commonor usual name of each such ingredient; except that spices, flavorings, andcolorings may, when authorized by the Commissioner, be designated as spices,flavorings, and colorings without naming each: Provided, that, to the extentthat compliance with the requirements of clause (ii) of this paragraph i isimpracticable, or results in deception or unfair competition, exemptions shallbe established by regulations promulgated by the Board;
j. If it purports to be or is represented for special dietaryuses, unless its label bears such information concerning its vitamin, mineral,and other dietary properties as the Board determines to be, and by regulationsprescribes as, necessary in order fully to inform purchasers as to its valuefor such uses;
k. If it bears or contains any artificial flavoring, artificialcoloring, or chemical preservatives, unless it bears labeling stating thatfact: Provided, that, to the extent that compliance with the requirements ofthis paragraph k is impracticable, exemptions shall be established byregulations promulgated by the Board; or
l. If it fails to bear, directly thereon or on its container,as the Board may by regulations prescribe, the inspection legend and,unrestricted by any of the foregoing, such other information as the Board mayrequire in such regulations to assure that it will not have false or misleadinglabeling and that the public will be informed of the manner of handlingrequired to maintain the article in a wholesome condition.
(16) "Official certificate" means any certificateprescribed by regulations of the Board for issuance by an inspector or otherperson performing official functions under this or the subsequent Article.
(17) "Official device" means any device prescribed orauthorized by the Board for use in applying any official mark.
(18) "Official inspection legend" means any symbolprescribed by regulations of the Board showing that an article was inspectedand passed in accordance with this or the subsequent Article.
(19) "Official mark" means the official inspectionlegend or any other symbol prescribed by regulations of the Board to identifythe status of any article or animal under this or the subsequent Article.
(20) "Pesticide chemical," "food additive,""color additive," and "raw agricultural commodity" shallhave the same meanings for purposes of this Article as under the Federal Food,Drug, and Cosmetic Act.
(21) "Prepared" means slaughtered, canned, salted,smoked, rendered, boned, cut up, or otherwise manufactured or processed.
(21a) "Ratite" means a bird whose breastbone is smooth sothat flight muscles cannot attach, such as an ostrich, an emu, and a rhea.These birds are subject to the provisions of this Article and Article 49C tothe same extent as any other meat food product.
(22) "Renderer" means any person, firm, or corporationengaged in the business of rendering carcasses, or parts or products of thecarcasses, of cattle, sheep, swine, goats, fallow deer, red deer, horses,mules, or other equines, except rendering conducted under inspection under thisArticle. (1969, c. 893, s.1; 1991, c. 317, ss. 4, 5; 1993, c. 311, s. 1; 1995, c. 194, ss. 1, 2; 1997‑142,ss. 4, 5; 1997‑261, s. 58.)