901:3-31-01 Definitions.

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

(A) The Act The Act is Chapter 3715 of the Ohio Revised Code.

(B) The Department The Department is the Ohio Department of Agriculture, or any cooperating agency authorized by the director.

(C) Director Director means the Director of Agriculture.

(D) Inspector Inspector is the director or his duly appointed representative.

(E) Program employee is any inspector or other individual employed by the department or any cooperating agency who is authorized by the director to do any work or perform any duty in connection with the department.

(F) Establishment Establishment is any place whether temporary or permanent, stationary or mobile, or whether it be considered public, semipublic, or private, where meat, poultry, fish, meat or poultry by-products are prepared, processed, manufactured, packaged, stored, sold, or offered for sale, the following places are exempted:

(1) Homes containing what is commonly known as the family unit and their non-paying guests.

(2) Establishments required to be registered under sections 918.08 or 918.28 of the Ohio Revised Code.

(3) Establishments which are subject to Federal Meat Inspection as provided by the Federal Wholesome Meat Act of 1967.

(G) Capable of Use as Human Food As applied to any animal carcass, part thereof, or meat product, means any animal carcass, part thereof, or meat food product which is not denatured or otherwise identified as required by State and Federal law or regulations to deter its use as human food, and which is naturally edible by humans.

(H) Edible Intended for use as human food.

(I) Inedible Adulterated, uninspected, or not intended for use as human food.

(J) Prepared Prepared means slaughtered, canned, salted, rendered, boned, cut up, smoked, cooked or otherwise manufactured or processed.

(K) Adulterated Adulterated, as applied to any meat, fish or poultry product, or meat, fish or poultry by-product, has the same meaning as used in Sections 3715.59 and 3715.62 of the Ohio Revised Code.

(L) Misbranded Misbranded, as applied to meat, fish and poultry products and meat, fish or poultry by-products, has the same meaning as used in section 3715.60 of the Ohio Revised Code.

(M) Label Label is the display of written, printed, or graphic matter upon the immediate container (including package liners) of any article, in accordance with the requirements of regulations 901:6-3-01 through 901:6-3-12 and 901:3-59-01 adopted pursuant to Chapter 3715 of the Ohio Revised Code.

(N) Federal Food, Drug and Cosmetic Act The Act so entitled, approved June 25, 1938 (52 Stat. 1040 21 USC 301 ), and Act amendatory thereof or supplementary thereto.

(O) Meat The part of the muscle of any cattle, sheep, swine, rabbit 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 products of equines, shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, rabbits and goats.

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

(P) 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, rabbits, or goats, except those exempted from definition as a meat food product by the director in specific cases or by the regulations, 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 paragraph with respect to cattle, sheep, swine, rabbits and goats.

(Q) Immediate Container The receptacle or other covering in which any product is directly contained or wholly or partially enclosed.

(R) 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.

(S) Poultry "Poultry" means any domesticated bird, chickens, turkeys, ducks, geese, guineas, or other fowl, whether live or dead.

(T) Poultry Product This term means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof.

(U) Fish The edible portions of aquatic animals.

(V) Fish Product This term means any fish or part thereof, or any product which is made wholly or in part from any fish or part thereof.

(W) Artificial Flavoring A flavoring containing any sapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice.

(X) 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.

(Y) Chemical Preservatives 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.

(Z) Primal Cut The definition of primal cuts of meat derived from the carcasses of cattle, sheep, swine, rabbits, or goats shall be those published by the National Livestock and Meat Board.

R.C. 119.032 review dates: 06/10/2010 and 02/01/2015
Promulgated Under: 119.03
Statutory Authority: 3715.69
Rule Amplifies: 3715.01 , 3715.62
Prior Effective Dates: 5-11-74