4-32-3.   Definitions.
     As used in this chapter:
     (1) "Adulterated" means any livestock product or poultry product that:
     (a) bears or contains any poisonous or deleterious substance that may render it injurious to health, but, if the substance is not an added substance, the livestock product shall not be considered adulterated under this subsection if the quantity of the substance in or on the livestock product does not ordinarily render it injurious to health;
     (b) bears or contains, by reason of the administration of any substance to the livestock or poultry or otherwise, any added poisonous or added deleterious substance which in the judgment of the commissioner makes the livestock product unfit for human food;
     (c) contains, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec. 346a;
     (d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348;
     (e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C. Sec. 379e; provided, that a livestock product which is not otherwise considered adulterated under Subsections (1)(c), (d), or (e) of this section shall nevertheless be considered adulterated if use of the pesticide chemical, food additive, or color additive is prohibited in official establishments by rules of the department;
     (f) 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;
     (g) has been prepared, packaged, or held under unsanitary conditions if it may have become contaminated with filth, or if it may have been rendered injurious to health;
     (h) is in whole or in part the product of an animal that has died otherwise than by slaughter;
     (i) is contained in a container that is composed, in whole or in part, of any poisonous or deleterious substance that may render the meat product injurious to health;
     (j) has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
     (k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or if damage or inferiority is concealed in any manner; or if any substance has been added, mixed, or packed with the meat product to increase its bulk or weight, or reduce its quality or strength, or to make it appear better or of greater value; or
     (l) is margarine containing animal fat and any of the raw material used in the margarine consists 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 derived from livestock carcasses or parts or products of such carcasses.
     (3) "Broker" means any person engaged in the business of buying or selling livestock or livestock products on commission, or otherwise negotiating purchases or sales of livestock or livestock products other than for such person's own account.
     (4) "Capable of use as human food" means any livestock carcass, or part or product of a carcass, unless it is denatured or otherwise identified as required by rules of the department to deter its use as human food, or unless it is naturally inedible by humans.
     (5) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.

     (6) "Director of meat inspection" means a licensed graduate veterinarian whose duties and responsibilities are specified by the commissioner.
     (7) "Domesticated elk" shall have the meaning as defined in Section 4-39-102.
     (8) "Farm custom slaughter" means custom slaughtering of livestock or poultry for an owner without inspection.
     (9) "Farm custom slaughter permit" means a permit issued by the department to allow farm custom slaughter.
     (10) "Farm custom slaughter tag" means a tag which specifies the animal's identification and certifies its ownership which is issued by the department through a brand inspector to the owner of the animal before it is slaughtered.
     (11) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to it.
     (12) "Federal Meat Inspection Act" means the act so entitled approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act, 21 U.S.C. 601 et seq.; the term "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 21 U.S.C. 451 et seq.; and the term "federal acts" means these two federal acts.
     (13) "Immediate container" means any consumer package, or any other container in which livestock products not consumer packaged, are packed.
     (14) "Inspector" means a licensed veterinarian or competent lay person working under the supervision of a licensed graduate veterinarian.
     (15) "Label" means a display of printed, or graphic matter upon any livestock or poultry product or the immediate container, not including package liners, of any such product.
     (16) "Labeling" means all labels and other printed, or graphic matter:
     (a) upon any livestock product or any of its containers or wrappers; or
     (b) accompanying a livestock product.
     (17) "Livestock" means any cattle, domesticated elk, sheep, swine, goats, horses, mules or other equines, whether living or dead.
     (18) "Livestock product" means any carcass, part of a carcass, meat, or meat food product of any livestock.
     (19) "Meat food product" means any product capable of use as human food that is made wholly or in part from any meat or other part of the carcass of any cattle, sheep, swine, or goats, excepting products that contain meat or other parts of such carcasses in relatively small proportion or that 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 commissioner. Meat food product as applied to food products of equines shall have a meaning comparable to that provided in this subsection with respect to cattle, sheep, swine, and goats.
     (20) "Misbranded" means any livestock product or poultry product that:
     (a) bears a label that is false or misleading in any particular;
     (b) is offered for sale under the name of another food;
     (c) is an imitation of another food, unless the label bears, in type of uniform size and prominence, the word "imitation" followed by the name of the food imitated;
     (d) if its container is so made, formed, or filled as to be misleading;
     (e) does not bear 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 product in terms of weight, measure, or numerical count; provided, that under this Subsection (20)(e), exemptions as to livestock products not in containers may be established by rules of the department and that under this Subsection (20)(e)(ii), reasonable variations may be permitted, and exemptions for small packages may be established for livestock or poultry products by rule of the department;
     (f) does not bear 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 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) is a food for which a definition and standard of identity or composition has been prescribed by rules of the department under Section 4-32-7 if the food does not conform to such definition and standard and the label does not bear the name of the food and any other information that is required by the rule;
     (h) is a food for which a standard of fill has been prescribed by rule of the department for the container and the actual fill of the container falls below that prescribed unless its label bears, in such manner and form as such rules specify, a statement that it falls below such standard;
     (i) is a food for which no standard or definition of identity has been prescribed under Subsection (20)(g) unless its label bears:
     (i) the common or usual name of the food, if there be any; and
     (ii) if 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 department, be designated as spices, flavorings, and colorings without naming each; provided, that to the extent that compliance with the requirements of Subsection (20)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rule;
     (j) is a food that purports to be or is represented to be for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the department, after consultation with the Secretary of Agriculture of the United States, prescribes by rules as necessary to inform purchasers as to its value for such uses;
     (k) bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this subsection are impracticable, exemptions shall be prescribed by rules of the department; or
     (l) does not bear directly thereon and on its containers, as the department may prescribe by rule, the official inspection legend and establishment number of the official establishment where the product was prepared, and, unrestricted by any of the foregoing, such other information as the department may require by rules 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 it in a wholesome condition.
     (21) "Official certificate" means any certificate prescribed by rules of the department for issuance by an inspector or other person performing official functions under this chapter.
     (22) "Official device" means any device prescribed or authorized by the commissioner for use in applying any official mark.
     (23) "Official establishment" means any establishment at which inspection of the slaughter of livestock or the preparation of livestock products is maintained under the authority

of this chapter.
     (24) "Official inspection legend" means any symbol prescribed by rules of the department showing that a livestock product was inspected and passed in accordance with this chapter.
     (25) "Official mark" means the official legend or any other symbol prescribed by rules of the department to identify the status of any livestock or livestock product under this chapter.
     (26) "Permittee" means a person who holds a valid farm custom slaughter permit.
     (27) "Pesticide chemical," "food additive," "color additive," and "raw agricultural commodity," have the same meanings for purposes of this chapter as ascribed to them in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
     (28) "Poultry" means any domesticated bird, whether living or dead.
     (29) "Poultry product" means any product capable of use as human food that is made wholly or in part from any poultry carcass, excepting products that contain poultry ingredients in relatively small proportion or that historically have not been considered by consumers as products of the poultry food industry, and that are exempted from definition as a poultry product by the commissioner.
     (30) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.
     (31) "Renderer" means any person engaged in the business of rendering livestock carcasses, or parts or products of such carcasses, except rendering conducted under inspection or exemption under this chapter.
     (32) "Slaughter" means the killing of livestock or poultry in a humane manner including skinning, dressing, or the process of performing any of the specified acts in preparing livestock or poultry for human consumption.
     (33) "Slaughterhouse" or "custom slaughterhouse" means any building, plant, or establishment used for the purpose of killing, dressing, or processing, whether such dressing or processing is in conjunction with a killing operation or is a separate business, livestock or livestock products or poultry or poultry products offered for sale or to be used for human consumption.
     (34) "Slaughtering of livestock or poultry as a business" means the slaughtering of livestock or poultry for the owner or caretaker of the livestock or poultry by a person who is not a full-time employee of the owner or caretaker of such livestock or poultry.

Amended by Chapter 179, 2007 General Session
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Last revised: Thursday, May 28, 2009