21 U.S.C. § 1033 : US Code - Section 1033: Definitions

Search 21 U.S.C. § 1033 : US Code - Section 1033: Definitions

For purposes of this chapter -
(a) The term "adulterated" applies to any egg or egg product
under one or more of the following circumstances -
(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;
(2)(A) if it bears or contains any added poisonous or added
deleterious substance (other than one which is (i) a pesticide
chemical in or on a raw agricultural commodity; (ii) a food
additive; or (iii) a color additive) which may, in the judgment
of the Secretary, make such article unfit for human food;
(B) 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 346a of this title;
(C) if it bears or contains any food additive which is unsafe
within the meaning of section 348 of this title;
(D) if it bears or contains any color additive which is unsafe
within the meaning of section 379e of this title: Provided, That
an article which is not otherwise deemed adulterated under clause
(B), (C), or (D) shall nevertheless be deemed adulterated if use
of the pesticide chemical, food additive, or color additive, in
or on such article, is prohibited by regulations of the Secretary
in official plants;
(3) if it consists in whole or in part of any filthy, putrid,
or decomposed substance, or if it is otherwise unfit for human
food;
(4) if it has been prepared, packaged, or held under insanitary
conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health;
(5) if it is an egg which has been subjected to incubation or
the product of any egg which has been subjected to incubation;
(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;
(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 348 of this title; or
(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 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.
(b) The term "capable of use as human food" shall apply to any
egg or egg product, unless it is denatured, or otherwise
identified, as required by regulations prescribed by the Secretary
to deter its use as human food.
(c) The term "commerce" means interstate, foreign, or intrastate
commerce.
(d) The term "container" or "package" includes any box, can, tin,
plastic, or other receptacle, wrapper, or cover.
(1) The term "immediate container" means any consumer package; or
any other container in which egg products, not consumer packaged,
are packed.
(2) The term "shipping container" means any container used in
packaging a product packed in an immediate container.
(e) The term "egg handler" means any person who engages in any
business in commerce which involves buying or selling any eggs (as
a poultry producer or otherwise), or processing any egg products,
or otherwise using any eggs in the preparation of human food.
(f) The term "egg product" means any dried, frozen, or liquid
eggs, with or without added ingredients, excepting products which
contain eggs only in a relatively small proportion or historically
have not been, in the judgment of the Secretary, considered by
consumers as products of the egg food industry, and which may be
exempted by the Secretary under such conditions as he may prescribe
to assure that the egg ingredients are not adulterated and such
products are not represented as egg products.
(g) The term "egg" means the shell egg of the domesticated
chicken, turkey, duck, goose, or guinea.
(1) The term "check" means an egg that has a broken shell or
crack in the shell but has its shell membranes intact and contents
not leaking.
(2) The term "clean and sound shell egg" means any egg whose
shell is free of adhering dirt or foreign material and is not
cracked or broken.
(3) The term "dirty egg" means an egg that has a shell that is
unbroken and has adhering dirt or foreign material.
(4) The term "incubator reject" means an egg that has been
subjected to incubation and has been removed from incubation during
the hatching operations as infertile or otherwise unhatchable.
(5) The term "inedible" means eggs of the following descriptions:
black rots, yellow rots, white rots, mixed rots (addled eggs), sour
eggs, eggs with green whites, eggs with stuck yolks, moldy eggs,
musty eggs, eggs showing blood rings, and eggs containing embryo
chicks (at or beyond the blood ring stage).
(6) The term "leaker" means an egg that has a crack or break in
the shell and shell membranes to the extent that the egg contents
are exposed or are exuding or free to exude through the shell.
(7) The term "loss" means an egg that is unfit for human food
because it is smashed or broken so that its contents are leaking;
or overheated, frozen, or contaminated; or an incubator reject; or
because it contains a bloody white, large meat spots, a large
quantity of blood, or other foreign material.
(8) The term "restricted egg" means any check, dirty egg,
incubator reject, inedible, leaker, or loss.
(h) The term "Fair Packaging and Labeling Act" [15 U.S.C. 1451 et
seq.] means the Act so entitled, approved November 3, 1966 (80
Stat. 1296), and Acts amendatory thereof or supplementary thereto.
(i) The term "Federal Food, Drug, and Cosmetic Act" [21 U.S.C.
301 et seq.] means the Act so entitled, approved June 25, 1938 (52
Stat. 1040), and Acts amendatory thereof or supplementary thereto.
(j) The term "inspection" means the application of such
inspection methods and techniques as are deemed necessary by the
responsible Secretary to carry out the provisions of this chapter.
(k) The term "inspector" means:
(1) any employee or official of the United States Government
authorized to inspect eggs or egg products under the authority of
this chapter; or
(2) any employee or official of the government of any State or
local jurisdiction authorized by the Secretary to inspect eggs or
egg products under the authority of this chapter, under an
agreement entered into between the Secretary and the appropriate
State or other agency.
(l) The term "misbranded" shall apply to egg products which are
not labeled and packaged in accordance with the requirements
prescribed by regulations of the Secretary under section 1036 of
this title.
(m) The term "official certificate" means any certificate
prescribed by regulations of the Secretary for issuance by an
inspector or other person performing official functions under this
chapter.
(n) The term "official device" means any device prescribed or
authorized by the Secretary for use in applying any official mark.
(o) The term "official inspection legend" means any symbol
prescribed by regulations of the Secretary showing that egg
products were inspected in accordance with this chapter.
(p) The term "official mark" means the official inspection legend
or any other symbol prescribed by regulations of the Secretary to
identify the status of any article under this chapter.
(q) The term "official plant" means any plant, as determined by
the Secretary, at which inspection of the processing of egg
products is maintained by the Department of Agriculture under the
authority of this chapter.
(r) The term "official standards" means the standards of quality,
grades, and weight classes for eggs, in effect upon the effective
date of this chapter, or as thereafter amended, under the
Agricultural Marketing Act of 1946 (60 Stat. 1087, as amended; 7
U.S.C. 1621 et seq.).
(s) The term "pasteurize" means the subjecting of each particle
of egg products to heat or other treatments to destroy harmful
viable micro-organisms by such processes as may be prescribed by
regulations of the Secretary.
(t) The term "person" means any individual, partnership,
corporation, association, or other business unit.
(u) The terms "pesticide chemical," "food additive," "color
additive," and "raw agricultural commodity" shall have the same
meaning for purposes of this chapter as under the Federal Food,
Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].
(v) The term "plant" means any place of business where egg
products are processed.
(w) The term "processing" means manufacturing egg products,
including breaking eggs or filtering, mixing, blending,
pasteurizing, stabilizing, cooling, freezing, drying, or packaging
egg products.
(x) The term "Secretary" means the Secretary of Agriculture or
his delegate.
(y) The term "State" means any State of the United States, the
Commonwealth of Puerto Rico, the Virgin Islands of the United
States, and the District of Columbia.
(z) The term "United States" means the States.