(a) As used in this subchapter, unless otherwise required by the context, the singular form shall also import the plural and the masculine form shall also import the feminine, and vice versa. For the purpose of these regulations the following words, phrases, names, and terms shall be construed respectively to mean:
(1) Ante-mortem Inspection. Examination of live poultry before slaughter to detect conditions that might render the poultry unwholesome.
(2) “Area Supervisor” means an official employed by the Department in charge of a specified geographical region in California.
(3) Branch. The Meat, Poultry and Egg Safety Branch of the California Department of Food and Agriculture.
(4) Branch Employee. An employee of the Meat, Poultry and Egg Safety Branch, of the California Department of Food and Agriculture, who is authorized by the Branch Chief to do any work or perform any duty in connection with plant sanitation or poultry meat inspection.
(5) “California Condemned” means that the poultry so identified has been inspected by an inspector 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 or its affected parts.
(6) “California Inspected and Passed” means that the poultry product so identified has been inspected by an inspector and passed under the regulations in this subchapter, and at the time it was inspected, passed, and identified, it was found to be not adulterated.
(7) “California Rejected/Retained” means the Red or Green State of California Rejected/Retained tag and used as follows:
(A) When the Rejected box of the Red or Green tag is checked, it indicates that the compartment, room, utensil, or piece of equipment so identified is unacceptable for use in the official establishment and cannot be used until the condition that renders it unacceptable is corrected.
(B) When the Retained box of the Red or Green tag is checked, it indicates that the meat or poultry meat or meat or poultry product so identified is unacceptable for use in the official establishment and cannot be used until the condition is corrected.
(C) Only authorized employees of the Department of Food and Agriculture can release or remove the Red California Rejected/Retained tag; the Green California Rejected/Retained tag may be detached only by a Livestock Inspector, Poultry Meat Inspector, or an authorized employee of the Department of Food and Agriculture.
(8) “California Suspect” means that the poultry so identified by an inspector 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 a program employee to determine its disposal.
(9) Condition. Any state, including, but not being limited to, the state of preservation, cleanliness, or soundness of any product; or any circumstance, including but not limited to, the processing, handling, or packaging that affects such product.
(10) Department. The California Department of Food and Agriculture.
(11) Dressed Poultry. Poultry that has been slaughtered for human food with head, feet, and viscera intact and from which the blood and feathers have been removed.
(12) Edible Poultry By-products. Any giblets or any edible part of dressed poultry other than eviscerated poultry.
(13) Free From Protruding Pinfeathers and Hair. Pinfeathers and vestigial feathers (hair or down as the case may be) have been removed so that the carcass is free from protruding pinfeathers and vestigial feathers that are visible to an inspector or Branch employee during an examination of the carcass. However, a carcass may be considered as free from protruding pinfeathers or vestigial feathers if it has a generally clean appearance (especially on the breast) and if not more than an occasional protruding pinfeather is in evidence during a more careful examination of the carcass.
(14) Giblets. The liver from which the bile sac has been removed, the heart from which the pericardial sac has been removed and the gizzard from which the lining and contents have been removed: provided, that each such organ has been properly trimmed and washed.
(15) Immediate Container, or True Container. The unit, can, pot, tin, or other receptacle or covering in which any poultry meat or product is customarily packed or shipped.
(16) Inspected for Wholesomeness Under Supervision of the California Department of Food and Agriculture, California Inspected and Passed, or Any Authorized Abbreviation Thereof. That the poultry or poultry meat, poultry meat products, or poultry meat food products so marked have been inspected under these regulations, and that at the time they were inspected and so marked they were free from:
(A) Physical evidence of disease injurious to human health;
(B) Pathological conditions that have rendered or would render the poultry meat unsuited for human food;
(C) Serious destruction of the flesh by disease or injury; or
(D) Contamination by any substance injurious to human health.
(17) Inspection Mark. A mark or statement, authorized by these regulations, on a product or on the container of a product, indicating that the product has been inspected for wholesomeness by an inspector.
(18) Inspector. A Department employee employed as a Veterinarian (Meat Inspection), Meat Food Inspector, Supervising Meat Food Inspector, or Chief of the Meat, Poultry and Egg Safety Branch, or an industry-employed and Department-licensed Poultry Meat Inspector.
(19) Label. This term applies to any display of written, printed, or graphic matter upon any article or any of its containers or wrappers, or accompanying such article.
(20) Major Reconstruction. Major reconstruction shall be construction other than that associated with normal or routine maintenance activities.
(21) Mislabel. Means the placing, or presence of any false, deceptive, or misleading mark, tag, brand, design, inscription, statement, billing, invoice, placard sign, or other descriptive designation.
(22) Official Plant or Establishment. Any premises licensed by the Department where poultry is slaughtered or otherwise prepared for food purposes and where state inspection is maintained under these regulations.
(23) Potable Water. Water which is free from disease producing organisms and injurious chemicals. It does not possess obnoxious tastes or odors, and is not turbid or colored to a degree that it is rendered repugnant to the consumer. Standards of tests to be used in determining potability shall be the same as the standards of the National Primary Drinking Water Standards, 40 CFR Part 141, sections 141.1, 141.2, 141.3, 141.4, 141.5, 141.6, 141.11, 141.13, 141.21, 141.22 and 141.23 (2007), which are incorporated by reference.
(24) Poultry. Domestic fowl and domesticated rabbit to be used for human food. “Fowl” includes chickens, turkeys, ducks, geese, guineas, squab, quail, pheasant, ratites, and other domesticated birds.
(25) Poultry Meat Food Product. Any article of food, or any article intended or capable of being used as human food that is derived or prepared, in whole or in substantial and definite part from any portion of poultry.
(26) Producer means a person who is engaged in the business of growing any poultry, which is marketed as poultry meat, for a period of three weeks or more for the purpose of increasing the size and weight of such poultry.
(28) Ready-to-Cook Domestic Rabbits. Any domestic rabbit that has been slaughtered for human food, from which the head, blood, skin, feet, and inedible viscera have been removed, that is ready to cook without need of further processing, or any cut-up or disjointed portion of such domestic rabbit.
(29) Ready-to-Cook Poultry. Any dressed poultry that is free from protruding pinfeathers, vestigial feathers (hair or down as the case may be), and from which the head, shanks, crop, preen gland, trachea, esophagus, entrails, reproductive organs and lungs have been removed, and with or without the giblets, is ready to cook without need of further processing. Ready-to-cook poultry also means any cut-up or disjointed portion of poultry prepared as described in this paragraph.
(30) Regulations or These Regulations. Regulations contained in Subchapter 1, Chapter 5, Title 3, of the California Code of Regulations.
(31) Retained for Further Inspection. That each carcass, including all parts thereof so marked or identified, is held for further examination by an inspector or Department employee to determine its disposition.
(32) Shipping Container. The box, bag, barrel, crate, or other receptacle or covering inclosing any product packed in one or more immediate or true containers.
(33) Soundness. Freedom from external evidence of any disease or condition that may render a carcass unfit for food.
(34) “Wholesome” means any poultry meat food product fit for human consumption.
(35) For purposes of section 24713, Food and Agricultural Code, the term “immediate family” means producers, their spouses, children, brothers, sisters and parents. Other relatives of the producers by blood or by law will be considered as qualifying if they reside on the same property as the poultry operation or property that is contiguous to that property.
Credits
Note: Authority cited: Sections 407, 24561, 24562, 24563, 24681 and 24991, Food and Agricultural Code. Reference: Sections 24651, 24652, 24653, 24654, 24655, 24656, 24657, 24658, 24659, 24660, 24661, 24713, 24961, 24963, 25023 and 25703, Food and Agricultural Code; and 40 CFR Part 141 (2007).
History
1. New Subchapter 5 (§§ 1200 through 1272) filed 5-31-56; designated effective July 1, 1956 (Register 56, No. 10).
3. Amendment of subsections (a) and (b) filed 1-9-70; effective thirtieth day thereafter (Register 70, No. 2).
4. Amendment of section and Note filed 3-19-2009; operative 4-18-2009 (Register 2009, No. 12).
5. Change without regulatory effect amending subsections (a)(3)-(4) and (a)(18) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).
This database is current through 6/7/24 Register 2024, No. 23.
