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

   1. (i) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisons or added deleterious substance (other than one which is [a] a pesticide chemical in or on a raw agricultural commodity; [b] a food additive; or [c] a color additive) which may, in the judgment of the commissioner, make such article unfit for human food;
   2. (ii) 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;
   3. (iii) if it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug and Cosmetic Act;
   4. (iv) if it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug and Cosmetic Act: provided, that an article which is not deemed adulterated under subparagraph (ii), (iii), or (iv) of this paragraph shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by the regulations in this Article in official establishments;

   (2)

2. (3) 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;
3. (4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
4. (5) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter;
5. (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
6. (7) 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;
7. (8) 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 therefore; 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,

8. (9) 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.

   (bb) Misbranded.

   This term applies to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:

9. (1) if its labeling is false or misleading in any particular;
10. (2) if it is offered for sale under the name of another food;
11. (3) 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;
12. (4) if its container is so made, formed, or filled so as to be misleading;

13. (5) 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 Part 317 of this Article with respect to the quantity of contents;
14. (6) if any word, statement, or other information required by or under authority of the law to appear on the label or other labeling is not prominently placed thereon with such conspiciousness (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;

15. (7) it if purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by the regulations in Part 319 of this Article unless:

    1. (i) it conforms to such definition and standard; and
    2. (ii) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common name of ingredients (other than spices, flavoring, and coloring) present in such food;
16. (8) if it purports to be or is represented as a food for which a standard or standards of fill or container have been prescribed by the regulations in Part 319 of this Article, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard:

17. (9) if it is not subject to the provisions of paragraph (7) of this subdivision unless its label bears:

    1. (i) the common or usual name of the food, if any there be; and
    2. (ii) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except as otherwise provided in Part 317 of this Article;
18. (10) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as is required by the regulations in Part 317 of this Article; or
19. (11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears a label stating that fact; except as otherwise provided by the regulations in Part 317 of this Article; or

20. (12) if it fails to bear, directly thereon or on its containers, when required by the regulations in Part 316 or 317 of this Article, the inspection legend and, unrestricted by any of the foregoing, such other information as the commissioner may require in such regulations 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 the article in a wholesome condition.

    (cc) Label.

    A display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.

    (dd) Labeling.

    All labels and other written, printed, or graphic matter;

21. (1) upon any article or any of its containers or wrappers; or
22. (2) accompanying such article.

23. (ee) Federal Food, Drug, and Cosmetic Act. The act so entitles, approved June 25, 1938 (52 Stat. 1040); and acts amendatory thereof or supplementary thereto.

    1. (1) central nervous system disorder;
    2. (2) abnormal temperature (high or low);
    3. (3) difficult breathing;
    4. (4) abnormal swellings;
    5. (5) lack of muscular coordination;
    6. (6) inability to walk normally or stand; and

    7. (7) any of the conditions for which livestock is required to be condemned on antemortem inspection in accordance with the regulations in Part 309 of this Article.

       (ss) Supervision.

       The controls, as prescribed in instructions to department employees, to be exercised by them over particular operations to insure that such operations are conducted in compliance with the law and the regulations in this Article.

       (tt) Further processing.

       Smoking, cooking, canning, curing, refining, or rendering in an official establishment of product previously prepared in official establishments.

       (uu) Artificial flavoring.

       A flavoring containing any sapid or aromatic constituent which constituent was manufactured by a process of synthesis or other similar artifice.

       (vv) Artificial coloring.

       A coloring containing any dye or pigment, which dye or pigment was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye or natural pigment from a plant or other material in which such dye or pigment was naturally produced.

       (ww) Chemical preservative.

       Any chemical that, when added to a meat or 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 and meat food products by exposure to wood smoke.

       (xx) Farm dressed meat.

       Meat from animals slaughtered by a bona fide farmer who, as an incident of such farm operation, slaughters his own domestic animals on his own premises exclusively for use, in his household, by him and members of his household and his nonpaying guests and employees.

       (yy) Custom slaughtered meat.

       Meat from animals which have been slaughtered by a custom slaughterer for the owner exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees.

       (zz) Custom meat by-product.

       Any edible part other than meat which is derived from animals slaughtered by a custom slaughterer or by a farmer for his own use, and which product is produced or prepared for the owner exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees. This term shall apply only to those parts which have not been manufactured, cured, smoked, processed or otherwise treated.

       (aaa) Custom slaughterer.

       A person granted a custom slaughter permit pursuant to the provisions of section 96-c of the Agriculture and Markets Law.

       (bbb) Custom processor.

       A person granted a custom processor permit pursuant to the provisions of section 96-j(2) of the law.

       (ccc) Custom processing.

       Boning, cutting up, salting, curing, smoking, heat treating, rendering, canning and other manufacturing of farm dressed meat, custom slaughtered meat, or custom meat by-product.

       (ddd) Custom processed product.

       Any farm dressed meat, custom slaughtered meat or custom meat by-product which has been custom processed.

       Other definitions, if any, that are applicable only for purposes of a specific Part of the regulations in this Article, are set forth in such Part.

    (ff) Pesticide chemical, food additive, color additive, raw agricultural commodity.

    These terms shall have the same meanings for purposes of the law and the regulations in this Article as under the Federal Food, Drug, and Cosmetic Act.

    (gg) Animal or livestock.

    Cattle, sheep, swine, goat, horse, mule, or other equine.

    (hh) Carcass.

    All parts, including viscera, of any slaughtered livestock.

    (ii) Meat.

    The part of the muscle of any cattle, sheep, swine, or goats, which is skeletal or which 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 which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout, or ears. This term, as applied to the products of equines, shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine and goats.

    (jj) Meat by-products.

    Any part capable for use as human food, other than meat, which has been derived from one or more cattle, sheep, swine, or goats. This term, as applied to products of equines, shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, and goats.

    (kk) Meat food product.

    Any article capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, except those exempted from definition as a meat food product by the commissioner in specific cases or by the regulations in Part 317 of this Article, 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, and provided that they comply with any requirements that are imposed in such cases or regulations as conditions of such exemptions 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. This term, as applied to food products of equines, shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, and goats.

    (ll) Product.

    Any carcass, meat, meat by-product, or meat food product, capable of use as human food.

    (mm) Immediate container.

    The receptacle or other covering in which any product is directly contained or wholly or partially enclosed.

    (nn) Shipping container.

    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.

    (oo) Biological residue.

    Any substance, including metabolites, remaining in livestock at time or 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.

    (pp) Experimental animal.

    Any animal used in any research investigation involving the feeding or other administration of, or subjection to, an experimental biological product, drug, or chemical or any nonexperimental biological product, drug or chemical used in a manner for which it was not intended.

    (qq) Dead livestock.

    The body (cadaver) of livestock which has died otherwise than by slaughter.

    (rr) Dying, diseased, or disabled livestock.

    Livestock which has or displays symptoms of having any of the following:

As used in this Article, unless otherwise required by the context, the following terms shall be construed, respectively, to mean:

(a) The law.

Article 5-B, Inspection and Sale of Meat, as added by chapter 324 of the Laws of 1962 and article 5-C, Licensing of Rendering Plants, as added by chapter 391 of the Laws of 1968, of the Agriculture and Markets Law, and all acts amendatory thereof or supplementary thereof.

(b) The department.

The New York State Department of Agriculture and Markets.

(c) Commissioner.

The Commissioner of Agriculture and Markets of the State of New York or his delegate.

(d) The Federal Meat Inspection Act.

The Federal Meat Inspection Act of March 4, 1907, 34 Stat. 1260, as amended by the Wholesome Meat Act of 1967, 81 Stat. 584 (21 U.S.C., sec. 601seq.).

(e)-(f) [Reserved]

(g) Inspector.

An inspector of the department.

(h) Department employee.

Any inspector or other individual employed by the department who is authorized by the commissioner to do any work or perform any duty in connection with the law.

(i) Official establishment.

Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in this Article.

(j) Officer in charge.

The officer in charge of a region.

(k) Region.

One or more official establishments included under the supervision of an officer in charge.

(l) Person.

Any individual, firm, or corporation.

(m) Firm.

Any partnership, association, or other unincorporated business organization.

(n) Meat broker.

Any person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products or livestock on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.

(o) Renderer.

Any person engaged in the business of rendering carcasses or parts or products of the carcasses of any livestock except rendering conducted under inspection or exemption under the law.

(p) Animal food.

Any article intended for use as food for dogs, cats, or other animals derived wholly, or in part, from the carcass or parts or products of the carcass of any livestock, except that the term animal food as used herein does not include livestock and poultry feeds manufactured from processed animal by-products (such as meatmeal, tankage, meat and bonemeal, bloodmeal, and feed grade animal fat).

(q) Animal food manufacturer.

Any person engaged in the business of manufacturing or processing animal food except manufacture of livestock and poultry feeds with respect to any activity of acquiring or using processed animal by-products (such as meat meal tankage, meat and bonemeal, bloodmeal, and feed grade animal fats) in the manufacture of such feeds.

(r)-(u) [Reserved]

(v) Capable of use as human food.

This term applies to 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 314.3, 314.10, 325.11, 325.13 of this Article to deter its use as a human food, or it is naturally inedible by humans; e.g., hoofs or horns in their natural state.

(w) Edible.

Intended for use as human food.

(x) Inedible.

Adulterated, uninspected, or not intended for use as human food.

(y) Prepared.

Slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.

(z) Cutting up.

Any division of any carcass or part thereof, except that the trimming of carcasses or parts thereof to remove surface contaminants is not considered as cutting up.

(aa) Adulterated.

This term applies to any carcass, part thereof, meat or meat food product under one or more of the following circumstances: