Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(b)
Unless otherwise required by the context, the following terms shall be
construed, respectively, to mean:
(1) "Act"
means the California Meat and Poultry Inspection Act, Chapter 4 (commencing
with section 18650) and as supplemented by the California Meat and Poultry
Supplemental Inspection Act, Chapter 4.1 (commencing with section 18940) of
Part 3, Division 2 of the Food and Agricultural Code.
(2) "Additive" means anything added to a meat
or poultry product other than meat, poultry, or meat and poultry
byproducts.
(3) "Area" means a
geographical region under the supervision of an Area Supervisor.
(4) "Area Supervisor" means the official in
charge of an area.
(5) "Biological
residue" means any substance, including metabolites, remaining in livestock at
time of slaughter or in any of its tissues after slaughter as the result of
treatment or exposure of the livestock to a pesticide, organic or inorganic
compound, hormone, hormone-like substance, growth promoter, antibiotic,
anthelmintic, tranquilizer, or other therapeutic or prophylactic
agent.
(6) "California Condemned"
means that the livestock so identified has been inspected by an inspector 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 or its affected
parts.
(7) "California Inspected
and Condemned" means that the carcass, viscera, other part of carcass, or other
product so identified has been inspected by an inspector, found to be
adulterated, and condemned under the regulations in this subchapter.
(8) "California Inspected and Passed" means
that the product so identified has been inspected by an inspector and passed
under the regulations in this subchapter, and at the time it was inspected,
passed, and identified, it was found to be not adulterated.
(9) "California Rejected" means that the
compartment, room, utensil, or piece of equipment so identified is unacceptable
for use in the official establishment and cannot be used until the condition
that renders it unacceptable is corrected and it has been reexamined and
released by an inspector. This is accomplished by applying a red or green
California Rejected tag to the compartment, room, utensil, or piece of
equipment. The compartment, room, utensil, or piece of equipment is released by
removal of the California Rejected tag.
(10) "California Retained" means that the
carcass, viscera, other part of carcass, or other product, or article so
identified is held for further examination by a program employee to determine
its disposal. This is accomplished by applying a red California Retained tag to
the carcass, viscera, other part of carcass, or other product or
article.
(11) "California Suspect"
means that the livestock so identified by an inspector 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 a
program employee to determine its disposal.
(12) "Capable of use as human food" applies
to any carcass, or part or product of a carcass, of any livestock, unless it is
denatured or otherwise identified as required by this subchapter to deter its
use as a human food, or it is naturally inedible by humans such as hoofs or
horns in their natural state.
(13)
"Carcass" means all parts, including viscera, of any slaughtered livestock or
poultry.
(14) "Chemical
preservative" means any chemical that, when added to a meat, meat food product,
poultry product, or poultry 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, meat food
products, poultry products, or poultry meat food products by exposure to wood
smoke.
(15) "Condemned" means the
product or ingredient has been inspected and determined to be unfit for human
food purposes.
(16) "Consciousness"
means the responsiveness of the brain to the impressions made by the
senses.
(17) "Dead livestock" means
the body or cadaver of livestock that has died other than by
slaughter.
(18) "Denature" means to
make an item visually, physically, and/or odoriferously unfit, through the use
of an agent or process, for human consumption.
(19) "Department" means the California
Department of Food and Agriculture.
(20) "Dying, diseased, or disabled livestock"
is livestock that has or displays symptoms of having any of the following:
(A) Central nervous system
disorder;
(B) Abnormal temperature
(high or low);
(C) Difficult
breathing;
(D) Abnormal
swellings;
(E) Lack of muscular
coordination;
(F) Inability to walk
or stand;
(G) Any of the conditions
for which livestock is required to be condemned on ante-mortem inspection in
accordance with the requirements under Article 4 of this
subchapter.
(21) "Edible"
means the product is intended for use as human food.
(22) "Firm" means any partnership,
association, or other unincorporated business organization.
(23) "Immediate container" means the
receptacle or other covering in which any product is directly contained or
wholly or partially enclosed.
(24)
"Inedible" means adulterated, uninspected, or not intended for use as human
food.
(25) The term "inhumane
slaughter" or "inhumane handling in connection with slaughter" means the
slaughter or handling in connection with slaughter not in accordance with the
federal Humane Methods of Slaughter Act,
7 USC, section
1901 et seq.
(26) "Inspector" means a Meat, Poultry and
Egg Safety Branch-employed Veterinarian (Meat Inspection), Meat Food Inspector,
Supervising Meat Inspector, or Branch Chief or an industry-employed and
Department-licensed Livestock Meat Inspector or Processing Inspector.
(27) "Label" means a display of written,
printed, or graphic matter upon the immediate container (not including package
liners) of any article.
(28)
"Labeling" means all labels and other written, printed, or graphic matter:
(A) Upon any article or any of its containers
or wrappers; or
(B) Accompanying
such article.
(29)
"Livestock" means cattle, sheep, swine, goats, and fallow deer or equine for
pet food.
(30) "Meat" means the
part of the muscle of any cattle, sheep, swine, goats or fallow deer that is
skeletal or that 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 that normally accompany
the muscle tissue and that are not separated from it in the process of
dressing. It does not include the muscle found in the lips, snout, or
ears.
(31) "Meat, Poultry and Egg
Safety Branch" or "MPES" means the Meat, Poultry and Egg Safety Branch of the
Department.
(32) "Meat byproduct"
means any part capable of use as human food, other than meat, that has been
derived from one or more cattle, sheep, swine, goats, or fallow deer.
(33) "Meat food product" means any article
capable of use as human food that is made wholly or in part from any meat or
other portion of the carcass of any cattle, sheep, swine, goats, or fallow
deer. This does not include articles exempted from the definition of a meat
food product by the Department in specific cases or by the requirements of this
subchapter, 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. Such
exempted articles shall comply with any requirements that are imposed in such
cases or regulations 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.
(34) "Nonambulatory" means unable to stand or
walk without assistance.
(35)
"Official device" means any device prescribed by section
903.17 of this subchapter for use
in applying any official mark.
(36)
"Official establishment" means any slaughtering, curing, smoking, drying,
rendering, or similar establishment at which inspection is maintained under the
regulations in this subchapter.
(37) "Official inspection legend" means any
symbol prescribed by the regulations in this subchapter showing that an article
was inspected and passed in accordance with the Act.
(38) "Official mark" means the official
inspection legend or any other symbol prescribed by the requirements of this
subchapter to identify the status of any article or animal under the
Act.
(39) "Packaging material"
means any cloth, paper, plastic, metal, or other material used to form a
container, wrapper, label, or cover for meat and poultry products.
(40) "Passed" means the product or ingredient
has been inspected and determined to be fit for human food purposes.
(41) "Person" means any individual, firm, or
corporation.
(42) "Potentially
Hazardous Product" means any meat and/or poultry product that is in a form
capable of supporting rapid and progressive growth of infectious or toxigenic
microorganisms that may cause food infections or food intoxications.
"Potentially hazardous product" does not include meat and/or poultry products
that have a pH level of 4.6 or below and/or a water activity (aw) value of 0.85
or less.
(43) "Poultry" means
domestic fowl and domesticated rabbit to be used for human food. "Fowl"
includes chickens, turkeys, ducks, geese, squab, quail, pheasant, ratites, and
other domesticated birds.
(44)
"Poultry Meat Food Product" means any article of food or any article intended
or capable of being used as human food that is derived or prepared, in whole or
in substantial and definite part, from any portion of poultry.
(45) "Poultry Product" means dressed poultry,
ready-to-cook poultry, edible poultry by-product, and poultry meat food
product. However, the following items contain poultry ingredients only in a
relatively small proportion or historically have not been considered by
consumers as products of the poultry food industry. Therefore, the following
items are exempt from the definition of "poultry product" and the requirements
of the Act and the regulations applicable to poultry products, if they comply
with the conditions specified in this subchapter:
(A) Any human food product (in a consumer
package) not provided for in subsection (B) of this section, if:
1. It contains less than 2 percent cooked
poultry meat (deboned white or dark poultry meat, or both);
2. It contains less than 10 percent of cooked
poultry skins, giblets, or fat, separately, and less than 10 percent of cooked
poultry skins, giblets, fat, and meat (as meat is limited in this section) in
any combination;
3. The poultry
ingredients used in the product were prepared under federal inspection or were
inspected under a foreign or state inspection system approved by the USDA or
Department and imported in compliance with the Act and the requirements of this
subchapter;
4. The immediate
container of the product bears a label that shows the name of the product in
accordance with this subchapter; and
5. The product is not represented as a
poultry product. The aforementioned percentages of ingredients shall be
computed on the basis of the moist, deboned, cooked poultry in the
ready-to-serve product when prepared according to the serving directions on the
consumer package.
(B)
Bouillon cubes, poultry broths, gravies, sauces, seasonings, and flavorings if:
1. They contain poultry meat or poultry fat
only in condimental quantities;
2.
They comply with the provisions of subsections (b)(45)(A) 3., 4., and 5. of
this section in all respects; and
3. In the case of poultry broth, it will not
be used in the processing of any poultry product in any official
establishment.
(C) Fat
capsules and sandwiches containing poultry products if they comply with the
provisions of subsections (b)(45)(A) 3., 4., and 5. of this section in all
respects.
(D) Products of the types
specified in this section except those specified in subsections (b)(45)(A) and
(C) of this section will be deemed to be represented as poultry products if the
kind name of the poultry (chicken, turkey, etc.) is used in the product name of
the product without appropriate qualification. For example, a consumer-packaged
noodle soup product containing less than 2 percent chicken meat on a
ready-to-serve basis may not be labeled "Chicken Noodle Soup" but, when
appropriate, could be labeled as "Chicken Flavored Noodle
Soup."
(46) "Prepared"
means slaughtered, cured, smoked, dried, rendered, or otherwise manufactured or
processed.
(47) "Process schedule"
means a written description of processing procedures, consisting of any number
of specific, sequential operations directly under the control of the
establishment employed in the manufacture of a specific product, including the
control, monitoring, verification, validation, and corrective action activities
associated with production.
(48)
"Product" means any carcass, meat, meat byproduct, meat food product, poultry
product, or poultry meat food product capable of use as human food.
(49) "Program" means the Meat, Poultry and
Egg Safety Branch.
(50) "Renderer"
means any person engaged in the business of rendering carcasses or parts or
products of the carcasses of any livestock or poultry except rendering of
products intended for human consumption and conducted under
inspection.
(51) "Restricted
ingredient" means an additive for which the amount that can be used in a meat
or poultry product is limited by this subchapter.
(52) "State" means the State of
California.
(53) "State
Veterinarian" means an officially designated employee of the California
Department of Food and Agriculture who has jurisdiction over livestock and
poultry disease control, meat inspection, and dairy inspection.
(54) "Subchapter" references mean the
regulations contained in Subchapter 1 of Chapter 4, Division 2, of Title 3 of
the California Code of Regulations.
(55) "Supervision" means 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 requirements of this
subchapter.
1.
Repealer of Groups 1 and 2 (§§ 900 through 1175.2) and new Group 1
(§§ 900 through
904 and
920) filed 10-8-70 as an emergency;
effective upon filing (Register 70, No. 41). For prior history, see Registers
58-23, 59-20, 61-10, 62-24, 65-1, 65-23, 65-24, 66-6, 66-23, 67-51, 68-26,
68-29, 68-31 and 70-20.
2. Certificate of Compliance--Section
11422.1,
Gov. Code, filed 12-15-70 (Register 70, No. 51).
3. Amendment filed
8-4-72; effective thirtieth day thereafter (Register 72, No. 32).
4.
Repealer of former article 1 (sections 900-921) and section and new article 1
(sections 900-900.3) and section filed 5-31-2007; operative 6-30-2007 (Register
2007, No. 22).
5. Change without regulatory effect amending
subsections (b)(26), (b)(31) and (b)(49) filed 4-2-2012 pursuant to section
100, title 1, California Code of
Regulations (Register 2012, No. 14).
Note: Authority cited: Sections
407,
18693,
18735,
18960
and
18961,
Food and Agricultural Code. Reference: Chapter 4 (commencing with section
18650), Chapter 4.1 (commencing with section 18940); and Chapter 6 (commencing
with section 19501), of Part 3, Division 9, and Chapter 3 (commencing with
section 24951) of Part 1, Division 12, Food and Agricultural Code.