Or. Admin. Code § 603-029-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-029-0010 - Definitions

The definitions set forth in ORS chapter 603, ORS chapter 616, ORS chapter 619, and OAR 603-028-0005 apply to these Division 29 rules. As used in these Division 29 rules, except as otherwise specified, the following terms shall have the meanings stated below:

(1) "Adulterated" means any carcass, part thereof, meat or meat product under one or more of the following circumstances:

(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.

(b) If it bears or contains any added poisonous or added deleterious substance, other than a pesticide chemical in or on a raw agricultural commodity and other than a food additive or color additive, which is unsafe within the meaning of ORS 616.245, or it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of ORS 616.341 or if it is, bears or contains any food additive which is declared unsafe by the State Department of Agriculture under ORS 616.350. However, when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under ORS 616.341, and such raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding ORS 616.341 and this section are not unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat, is not greater than the tolerance prescribed for the raw agricultural commodity.

(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for food.

(d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health.

(e) If it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.

(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(g) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(h) If any substance has been substituted wholly or in part therefor;

(i) If damage or inferiority has been concealed in any manner; or

(j) 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.

(k) 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 ORS 616.205(11);

(2) "Anesthesia" means Loss of sensation or feeling.

(3) "Animal food manufacturer" means "animal food slaughtering or processing establishment" as defined in ORS 619.010(2).

(4) "Article" means any part of a meat animal or any product prepared therefrom, in any form, state, or stage of preparation, that is intended or ordinarily used for human consumption.

(5) "Artificial coloring" means 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.

(6) "Artificial flavoring" means a flavoring containing any sapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice.

(7) "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.

(8) "Byproduct" includes pork stomachs or snouts; beef, veal, lamb, or goat tripe; beef, veal, lamb, goat, or pork hearts, tongues, fat, lips, weasands, and spleens; and partially defatted pork fatty tissue, or partially defatted beef fatty tissue.

(9) "Captive bolt" means a stunning instrument which when activated drives a bolt out of a barrel for a limited distance.

(10) "Carbon dioxide" means a gaseous form of the chemical formula CO2.

(11) "Carbon dioxide concentration" means a ratio of carbon dioxide gas and atmospheric air.

(12) "Carcass" means all parts, including viscera, of any slaughtered meat animal.

(13) "Chemical preservative" means any chemical that, when added to a meat or meat 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 products by exposure to wood smoke.

(14) "CIS establishment" means an establishment in a state other than Oregon that is inspected by employees of that state pursuant to the Cooperative Interstate Shipment program established in 21 USC § 683(b) and 9 CFR § 321.3.

(15) "Color additive" has the meaning given in ORS 616.205(3).

(16) "Commerce" means commerce in the State of Oregon.

(17) "Consciousness" means responsiveness of the brain to the impressions made by the senses.

(18) "Cutting up" means 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.

(19) "Dead meat animal" means the body (cadaver) of a meat animal which has died otherwise than by slaughter.

(20) "Director" means the Director of the Oregon Department of Agriculture or the Director's delegate.

(21) "Dying, Diseased, or Disabled Meat Animal" means a meat animal which 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 musculature coordination;

(f) Inability to walk normally or stand;

(g) Any of the conditions for which meat animals are required to be condemned on ante-mortem inspection in accordance with the regulations in OAR 603-029-0300 to 603-029-0395.

(22) "Edible" means intended for use as human food.

(23) "Experimental animal" means 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.

(24) "Exposure time" means the period of time an animal is exposed to an anesthesia-producing carbon dioxide concentration.

(25) "Federal Food, Drug, and Cosmetic Act" means 21 USC §§ 301- 399i.

(26) "Firm" means any partnership, association, or other unincorporated business organization.

(27) "Food additive" has the meaning given in 21 USC § 321(s).

(28) "FSIS" means the Food Safety and Inspection Service of the U.S. Department of Agriculture.

(29) "Further processing" means smoking, cooking, canning, curing, refining, or rendering in a state-inspected establishment of product previously prepared in official federal establishments.

(30) "Immediate container" means the receptacle or other covering in which any product is directly contained or wholly or partially enclosed.

(31) "Inedible" means adulterated, uninspected, or not intended for use as human food.

(32) "Inspected and passed" or "Oregon Inspected and Passed" or "Oregon Inspected and Passed by Department of Agriculture" (or any authorized abbreviation thereof) means that the product so identified has been inspected and passed under these Division 29 rules, and at the time it was inspected, passed, and identified, it was found to be not adulterated.

(33) "Inspector" means a Department employee, including but not limited to a supervisor, who has been trained to inspect meat animals and meat products at a state-inspected establishment.

(34) "Meat broker" means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation.

(35) "Misbranded" means any carcass, part thereof, meat or meat product under one or more of the following circumstances:

(a) If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325.

(b) If it is offered for sale under the name of another food.

(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.

(d) If its container is so made, formed or filled as to be misleading.

(e) If in package form:

(A) Unless it bears a label containing:

(i) The name and place of business of the manufacturer, packer or distributor; and

(ii) An accurate statement of the net quantity of the contents in terms of weight, measure, volume or numerical count. The statement shall be separately and accurately stated upon the principal display panel of the label.

(B) The same reasonable variations allowed in ORS chapter 618 shall be permitted.

(C) Exemptions as to small packages shall be established by rules promulgated by the State Department of Agriculture.

(f) If any word, statement or other information required by or under authority of ORS 616.205 to 616.295 to appear on the label or 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.

(g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rule as provided by ORS 616.230, unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard, and, in so far as may be required by such rule, 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 a standard of quality has been prescribed by rule as provided by ORS 616.230 and its quality falls below the standards such rule specifies, a statement that it falls below such standard.

(i) If it is a food for which a standard or standards of fill of container have been prescribed by rule as provided by ORS 616.230, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rule specifies, a statement that it falls below such standard.

(j) If it is not subject to the provisions of subsection (7) of this section, unless its label bears:

(A) The common or usual name of the food, if any there be; and

(B) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient. However, spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings, without naming them. To the extent that compliance with the requirements of paragraph (b) of this subsection is impractical or results in deception or unfair competition, exemptions shall be established by rule promulgated by the department.

(k) 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 the department determines to be, and by rule prescribed as, necessary in order to fully inform purchasers as to its value for such uses.

(l) If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by rule promulgated by the department. This subsection and subsections (7) and (10) of this section with respect to artificial coloring do not prohibit the use of harmless coloring matter in butter, cheese or ice cream. The provisions of this subsection with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the product of the soil.

(m) If it is a raw agricultural commodity which is the product of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical. However, no such declaration is required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade.

(n) If following the labeled directions or instructions on the product in using it as a food ingredient will result in the final food being adulterated or misbranded.

(o) If it is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal Act.

(p) If it has been salvaged, unless it bears labeling or notification stating that fact. For the purposes of this subsection, "salvaged" means the reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke, chemicals, radiation or commercial transit accident.

(q) if it fails to bear, directly thereon or on its container, as the Director may by rules prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Director may require in such 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 the article in a wholesome condition.

(36) "Nonamenable species" means any species of meat animal except for cattle, sheep, swine, goats, or poultry.

(37) "Nonfood compound" means any substance proposed for use in state-inspected establishments, the intended use of which will not result, directly or indirectly, in the substance becoming a component or otherwise affecting the characteristics of meat food and meat products, excluding labeling and packaging materials as covered in OAR 603-029-1000 to 603-029-1058.

(38) "Official certificate" means any certificate prescribed by rules of the Department for issuance by an inspector or other person performing official functions under these Division 29 rules.

(39) "Official federal establishment" means an establishment that is continuously inspected by FSIS pursuant to the Federal Meat Inspection Act.

(40) "Official federal inspection legend" means any symbol prescribed by 9 CFR Part 312 showing that an article was inspected and passed by FSIS in accordance with the Act.

(41) "Official federal mark" means any official federal inspection legend or other symbol that is prescribed by 9 CFR Part 312 to identify the status of any article or animal.

(42) "Official mark" means an official federal mark or an Oregon mark.

(43) "Oregon 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.

(44) "Oregon Detained" means that the carcass, viscera, other part of carcass, or other product, or article so identified is held pending disposal.

(45) "Oregon device" means any device prescribed or authorized by the Department for use in applying any Oregon mark.

(46) "Oregon Inspected and Condemned" (or any authorized abbreviation thereof) means that the carcass, viscera, other part of carcass, or other product so identified has been inspected, found to be adulterated, and condemned under these Division 29 rules.

(47) "Oregon inspection legend" means any symbol prescribed by these Division 29 rules showing that an article was inspected and passed in accordance with these Division 29 rules.

(48) "Oregon mark" means the Oregon inspection legend or any other symbol prescribed by these Division 29 rules to identify the status of any article or animal.

(49) "Oregon Passed for Cooking" means that the meat or meat byproduct so identified has been inspected and passed on condition that it be cooked or rendered as prescribed by the regulations in OAR 603-029-0880 to 603-029-0890.

(50) "Oregon Passed for Refrigeration" means that the meat or meat byproduct so identified has been inspected and passed on condition that it be refrigerated or otherwise handled as prescribed by the regulations in OAR 603-029-0500 to 603-029-0574.

(51) "Oregon 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 disposal.

(52) "Oregon 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 disposal.

(53) "Packaging material" means any cloth, paper, plastic, metal, or other material used to form a container, wrapper, label, or cover for meat or meat products.

(54) "Pesticide chemical" has the meaning given in 21 USC § 321(q)(1).

(55) "Potable water" has the meaning given in OAR 333-061-0020(115).

(56) "Prepared" has the meaning given that term in ORS 619.010.

(57) "Primal part" means, for beef, chuck, rib, loin, round, flank, short plate, brisket, and shank; for pork, shoulder, loin, leg, and side; for sheep or lamb, shoulder, breast, rib, loin, and leg; and for goats, the leg, flank, loin, rack, breast, and shoulder.

(58) "Process authority" means a person or organization with expert knowledge in meat production process control and relevant regulations. This definition does not apply to OAR 603-029-2600 to 603-029-2655.

(59) "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. This definition does not apply to OAR 603-029-2600 to 603-029-2655.

(60) "Product" means any carcass, meat, meat byproduct, or meat food product, capable of use as human food.

(61) "Raw agricultural commodity" has the meaning given in ORS 616.205(19).

(62) "Ready-to-cook (RTC) pork product" means any slaughtered pork product sufficiently free from bile, hair, scurf, dirt, hooves, toenails, claws, bruises, edema, scabs, skin lesions, icterus, foreign material, and odor, which is suitable for cooking without need of further processing.

(63) "Regulatory control action" means the retention of meat or meat products, rejection of equipment or facilities, slowing or stopping of lines, or refusal to allow the processing of specifically identified meat or meat product.

(64) "Renderer" means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses, of meat animals, except rendering conducted under inspection or exemption under these Division 29 rules.

(65) "Serviceperson" has the meaning given in OAR 603-027-0670(5).

(66) "Service agency" has the meaning given in OAR 603-027-0670(4).

(67) "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.

(68) "State-inspected establishment" means any establishment inspected by the Oregon Department of Agriculture pursuant to these Division 29 rules.

(69) "Supervision" means the controls, as prescribed in instructions to Department employees, to be exercised by them over particular operations to ensure that such operations are conducted in compliance with these Division 29 rules.

(70) "Supervisor" means a Food Safety Program Manager, Veterinary Medical Officer, or Meat Program Lead employed by the Department.

(71) "Surgical anesthesia" means a state of unconsciousness measured in conformity with accepted surgical practices.

(72) "Suspension" means an interruption in the assignment of Department employees to all or part of an establishment.

(73) "The Act" means the Federal Meat Inspection Act, as amended, (34 Stat. 1260, as amended, 81 Stat. 584, 84 Stat. 438, 92 Stat. 1069, 21 U.S.C., sec. 601 et seq.).

(74) "Veterinary Medical Officer" means the State Veterinarian or any other veterinarian employed by the Department who has undergone FSIS supervisory public health veterinary training.

(75) "Withholding action" means the refusal to allow the marks of inspection to be applied to meat or meat products. A withholding action may affect all meat product in the establishment or meat product produced by a particular process.

Or. Admin. Code § 603-029-0010

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046