All words or terms defined or used in the federal regulations incorporated by reference shall mean the state equivalent or counterpart to those word or terms. The following words or terms, when used in this part, shall have the following meaning, unless the context clearly indicates otherwise.

1. A. Definitions beginning with “A”:

   1. (1) “Act” means the New Mexico Meat Inspection Act, Sections 25-2-22 NMSA 1978.

2. (2) “Adulterated” means any carcass, part thereof, meat or meat food product under one or more of the following circumstances:

   1. (a) if it bears or contains any such 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;

   2. (b) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance other than one which is:

      1. (i) a pesticide chemical in or on a raw agricultural commodity;
      2. (ii) a food additive; or
      3. (iii) a color additive which may, in the judgment of the MPI Director, make such article unfit for human food;
   3. (c) 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;
   4. (d) 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;
   5. (e) if it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
   6. (f) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter;
   7. (g) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
   8. (h) 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;
   9. (i) 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; or, 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, or is otherwise adulterated.
   10. (3) Horse meat that is slaughtered for human consumption.
3. B. Definitions beginning with “B”: “Board” means the New Mexico livestock board.

4. C. Definitions beginning with “C”:

   1. (1) “Capable of use as human food” means any carcass, or part or product of a carcass, of any livestock, unless it is denatured or otherwise identified as required by the applicable provisions of 9 C.F.R Sections 314.3, 314.10, 325.11, and 325.13 to deter its use as a human food, or it is naturally inedible by humans; e.g., hoofs or horns in their natural state.
   2. (2) “Carcass” means all parts, including viscera, of any slaughtered livestock.
   3. (3) “CFR” means the codification of the general and permanent rules published in the Federal register by the executive departments and agencies of the Federal government.
   4. (4) “Cleaning agents” means cleaning compounds, sanitizing agents, processing aids and other chemicals used by an establishment, shall be used, handled and stored in a manner that will not adulterate product or create unsanitary conditions. Documentation substantiating the safety of the chemical’s use in food processing environment shall be available to New Mexico livestock board inspection program employees for review. In most cases documentation will be “safety data sheets”.
   5. (5) “Condemned” means that the livestock so identified has been inspected 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.
   6. (6) “Consciousness” means responsiveness of the brain to the impressions made by the senses.
   7. (7) “Curing” means the addition of salt, sodium or potassium nitrate (or saltpeter), nitrites, and sometimes sugar, seasonings, phosphates and cure accelerators to meat.

5. D. Definitions beginning with “D”:

   1. (1) “Dead livestock” means the body (cadaver) of livestock which has died otherwise than by slaughter.
   2. (2) “Director” means the executive director of the New Mexico livestock board. For the purposes of this rule, the term "secretary," when used in 9 Code of Federal Regulations (CFR), means director.
   3. (3) “Division” means that part of the New Mexico livestock board devoted to food safety, meat and poultry inspection. For the purposes of this rule, when using the federal regulations adopted by reference in 21.33.2 NMAC (relating to Federal regulations on meat and poultry Inspection), the terms "United States department of agriculture" or "department" mean the MPI division under the New Mexico livestock board.

   4. (4) “Dying, diseased, or disabled livestock” means livestock which has or displays symptoms of having any of the following:

      1. (a) central nervous system disorder;
      2. (b) abnormal temperature (high or low);
      3. (c) difficult breathing;
      4. (d) abnormal swellings;
      5. (e) lack of muscular coordination;
      6. (f) inability to walk normally or stand;
      7. (g) any of the conditions for which livestock is required to be condemned on ante-mortem inspection in accordance with the regulations in part 309 of this subchapter.

6. E. Definitions beginning with “E”:

   1. (1) “Edible” means intended for use as human food.
   2. (2) “Establishment” means any business ownership type that engages in any slaughtering, cutting, boning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in this rule.

7. F. Definitions beginning with “F”:

   1. (1) “Farm slaughter” means the slaughtering of an animal or animals for the owner of that animal or animals on the owner’s farm or premises and further processed at a custom exempt plant for personal use.
   2. (2) “Firm” means any type of business, partnership, association, or other unincorporated business organization or establishment.
   3. (3) “Further processing” means smoking, cooking, curing, refining, or rendering in an official establishment of product previously prepared in official establishments.
8. G. Definitions beginning with “G”: [RESERVED]
9. H. Definitions beginning with “H”: [RESERVED]

10. I. Definitions beginning with “I”:

    1. (1) “Immediate container” means the receptacle or other covering in which any product is directly contained or wholly or partially enclosed.
    2. (2) “Inedible” means adulterated, uninspected, or not intended for use as human food.
    3. (3) “Inspected and condemned” means that the carcass, viscera, other part of carcass, or other product so identified has been inspected, found to be adulterated, and condemned under the regulations in this rule.
    4. (4) “Inhumane slaughter or handling in connection with slaughter” means slaughter or handling in connection with slaughter not in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1901 through 1906, as amended by the Humane Methods of Slaughter Act of 1978, 92 Stat. 1069) and part 313 of this subchapter.
    5. (5) “Inspector” means any duly authorized agent of the livestock board.
11. J. Definitions beginning with “J”: [RESERVED]
12. K. Definitions beginning with “K”: [RESERVED]

13. L. Definitions beginning with “L”:

    1. (1) “Label” means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.

    2. (2) “Labeling” means all labels and other written, printed, or graphic matter:

       1. (a) upon any article or any of its containers or wrappers, or
       2. (b) accompanying such article.
    3. (3) “Livestock” means cattle, sheep, swine, bison, goats, horses, mules, asses, poultry, ratites, camelids and farmed cervidae.
    4. (4) “Livestock market” means any facility in the state of New Mexico, which is used for the purpose of holding consignment sales of livestock.

14. M. Definitions beginning with “M”:

    1. (1) “Meat” means the part of the muscle of any cattle, sheep, swine, or goats which is skeletal or which is found in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the portions of bone (in bone-in product such as T-bone or porterhouse steak), skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and that are not separated from it in the process of dressing. As applied to products of equines, this term has a comparable meaning:

       1. (a) Meat does not include the muscle found in the lips, snout, or ears.
       2. (b) Meat may not include significant portions of bone, including hard bone and related components, such as bone marrow, or any amount of brain, trigeminal ganglia, spinal cord, or dorsal root ganglia (DRG).
    2. (2) “Meat by-product” means any part capable of use as human food, other than meat that has been derived from one or more cattle, bison, sheep, swine, or goats.
    3. (3) “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 from any cattle, bison, sheep, swine, or goats. However, “meat food product” shall not include those exempted from definition as a meat food product by the director in specific cases or by the rules, in Title 9 of the Code of Federal Regulations (CFR), Part 317 due to a determination that they contain meat or other portions of carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry. Those exempted shall comply with any requirements that are imposed as conditions of the exemptions to assure that the meat or other portions of carcasses contained in the articles are not adulterated and are not represented as meat food products.

    4. (4) “Misbranded” means any carcass, part thereof, meat or meat food product under one or more of the following circumstances:

       1. (a) if its labeling is false or misleading in any particular;
       2. (b) if it is offered for sale under the name of another food;
       3. (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;
       4. (d) if its container is so made, formed, or filled as to be misleading;

       5. (e) if in a package or other container unless it bears a label showing:

          1. (i) the name and place of business of the manufacturer, packer, or distributor; and
          2. (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; except as otherwise provided in 9 C.F.R part 317 with respect to the quantity of contents;
       6. (f) if any word, statement, or other information required by or under authority of the Act 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.

    5. (5) “MPID” is a division within the NMLB tasked with carrying out the provisions of laws relating to a state meat and poultry inspection (MPI) program. For the purposes of this rule, the term "food safety and inspection service (FSIS)," when used in federal regulations adopted by reference by the department in 21.33.2 NMAC, means the MPID.

       1. (a) the MPID director may adopt additional policies and procedures as necessary to define, clarify and maintain agency functions for consistency with 9 CFR and related federal acts (e.g., Meat Inspection Act (21 USCS Section 601 et seq; Poultry Products Inspection Act (21 USCS Section 451 et seq); Humane Methods of Slaughter Act (7 USC 1901 et seq):
       2. (b) the MPID director, with board approval, may enter into agreements with other state, federal, local, tribal and other organizations as needed to further the purpose and provisions of these regulations, and the MPI program at large, to achieve “at least equal to” status.
    6. (6) “MPI director” means the director of the New Mexico meat and poultry inspection program. For the purposes of this subchapter, the term "administrator," when used in federal regulations adopted by reference by the department in 21.33.2 NMAC, means MPI director.

15. N. Definitions beginning with “N”:

    1. (1) “New Mexico livestock” means any livestock raised or pastured or fed within the state of New Mexico.
    2. (2) “NMLB” is a political subdivision of the state of New Mexico tasked with protecting the livestock industry from theft and disease and protecting consumers from unwholesome meat products.
16. O. Definitions beginning with “O”: “Official identification” means an electronic or visual ear tag with a 15-digit number beginning with “840”, a USDA silver metal identification tag, a USDA orange metal calfhood brucellosis vaccination tag, a breed registry tattoo with proof of registration, or other identification as approved by the New Mexico state veterinarian.

17. P. Definitions beginning with “P”:

    1. (1) “Packaging material” means any cloth, paper, plastic, metal, or other material used to form a container, wrapper, label, or cover for meat products.
    2. (2) “Pesticide chemical, food additive, color additive, raw agricultural commodity” these terms shall have the same meanings for purposes of the Act and the regulations in this subchapter as under the Federal Food, Drug, and Cosmetic Act.
    3. (3) “Person” means an individual, partnership, association or operation.
    4. (4) “Poultry” means any domesticated bird, whether live or dead, including chickens, turkeys, ducks, geese, guineas, ratites, or squabs (also known as young pigeons from one to about 30 days of age).
    5. (5) “Poultry product” means any poultry carcass, part, or product made wholly or in part from any poultry carcass or part which can be used as human food, except those exempted from definition as a poultry product in Title 9 of the Code of Federal Regulations (CFR), Part 381.15. This term shall not include detached ova.
    6. (6) “Poultry by-product” means skin, fat, gizzard, heart, or liver, or any combination of any poultry for cooked, smoked sausage.
    7. (7) “Prepared” means slaughtered, salted, rendered, boned, cut up, or otherwise manufactured or processed.
    8. (8) “Processing” means processing as any activity that alters a product from its raw state, including steps like curing, smoking, cooking, refining, rendering, grinding, comminuting, injecting solutions, or mechanical tenderization.
    9. (9) “Product” means any carcass, meat, meat byproduct, or meat food product, capable of use as human food.
    10. (10) “Proper separation” means adequate space between applicable products as approved by the MPI director or an authorized agent.
18. Q. Definitions beginning with “Q”: [RESERVED]

19. R. Definitions beginning with “R”:

    1. (1) “Rendering” means bodies or parts of bodies of dead animals or poultry and used cooking grease and oils.
    2. (2) “Retained” means that the carcass, viscera, other part of carcass, or other product, or article so identified is held for further examination by an inspector to determine its disposition.

20. S. Definitions beginning with “S”:

    1. (1) “Sanitize” means the treatment of physically clean surfaces of equipment, utensils, refrigeration units, and structures by a process, approved by the department that effectively destroys microorganisms including pathogens.
    2. (2) “Secretary” the term secretary, when used in 9 CFR, shall mean the MPID director.
    3. (3) “Shipping container” means the outside container (box, bag, barrel, crate, or other receptacle or covering) containing or wholly or partly enclosing any product packed in one or more immediate containers.
    4. (4) “Suspect” means that the livestock so identified 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 an inspector to determine its disposition.
21. T. Definitions beginning with “T”: “Tagging” means the regulatory process or action of placing a New Mexico retained or New Mexico rejected tag on the establishment’s product, carcass, building compartment, or equipment. For the purposes of this rule, the term "U.S. retained," when used in 9 Code of Federal Regulations (CFR), means New Mexico retained. For the purposes of this rule, the term "U.S. rejected," when used in 9 Code of Federal Regulations (CFR), means New Mexico rejected.
22. U. Definitions beginning with “U”: “Unwholesome” refers to anything that is or could reasonably contribute to a meat or poultry product being injurious to human health.
23. V. Definitions beginning with “V”: [RESERVED]
24. W. Definitions beginning with “W”: [RESERVED]
25. X. Definitions beginning with “X”: [RESERVED]
26. Y. Definitions beginning with “Y”: [RESERVED]
27. Z. Definitions beginning with “Z”: [RESERVED]

[21.33.2.7 NMAC - Rp, 21.33.2.7 NMAC 11/07/2025]