§ 3302. Definitions

As used in this chapter:

(1) “Adulterated” shall apply to any livestock product or poultry product under one or more of the following circumstances:

(A) If it contains any poisonous or harmful substance that may render it injurious to health. The product shall not be considered adulterated under this definition if the quantity of the substance in or on the product does not ordinarily render it injurious to health.

(B) If it contains any added poisonous or harmful substance that may, in the judgment of the Secretary, make the product unfit for human food.

(C) If it is a raw agricultural commodity and the commodity contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. § 346a (tolerances for pesticide residues).

(D) If it contains any food additive that is unsafe within the meaning of 21 U.S.C. § 348 (unsafe food additives).

(E) If it contains any color additive that is unsafe within the meaning of 21 U.S.C. § 379e (listing of color additives). A product that is not otherwise deemed adulterated under subdivisions (C) and (D) of this subdivision (1) shall be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on the product is prohibited by rules of the Secretary in official or licensed establishments.

(F) If it consists of any filthy, putrid, or decomposed substance or is unsound, unhealthful, unwholesome, or otherwise unfit for human food.

(G) If it has been prepared, packed, or held under unsanitary conditions where it may have become contaminated with filth or where it may have been rendered injurious to health.

(H) If it is the product of an animal, including poultry, that has died in a manner other than by slaughter.

(I) If its container is composed of any poisonous or harmful substance that may render the contents injurious to health.

(J) If it has been subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to 21 U.S.C. § 348.

(K) If any valuable constituent has been omitted or abstracted; or if any substance has been substituted, wholly or in part; or if damage or inferiority has been concealed in any manner; or if any substance has been added or mixed or packed 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.

(L) If it is margarine containing animal fat and any of the raw material used consisted of any filthy, putrid, or decomposed substance.

(2) “Animal food manufacturer” means any person engaged in the business of preparing animal, including poultry, food derived wholly or in part from livestock or poultry carcasses or parts or products of carcasses.

(3) “Broker” or “meat and poultry products broker” means any person engaged in the business of buying or selling livestock products or poultry products for other persons on commission, or otherwise negotiating purchases or sales of these products other than for his or her own account or as an employee of another person.

(4) “Capable of use as human food” shall apply to any livestock or poultry carcass, or part or product of any livestock or poultry carcass, unless it is denatured or otherwise identified as required by rules prescribed by the Secretary to deter its use as human food, or that is naturally inedible by humans.

(5) “Commercial processor” means any person who maintains an establishment under this chapter for the purpose of processing livestock, meat, meat food product, poultry, or poultry product other than for the exclusive use in the household of the owner of the commodity, by him or her and members of his or her household and his or her nonpaying guests and employees.

(6) “Commercial slaughterhouse” means any person engaged in the business of slaughtering livestock or poultry other than as a custom slaughterer or a person conducting slaughter under subsections 3312(b), (c), and (d) of this title.

(7) “Secretary” means the Secretary of Agriculture, Food and Markets or designee.

(8) “Container” or “package” means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.

(9) “Custom processor” means any person who maintains an establishment under this chapter for the purpose of processing livestock, meat, meat food product, poultry, or poultry product exclusively for use, in the household of the owner of the commodity, by him or her and members of his or her household, and his or her nonpaying guests and employees.

(10) “Custom slaughterhouse” means a person who maintains a slaughtering establishment under this chapter for the purposes of slaughtering livestock or poultry for another person’s exclusive use by him or her and members of his or her household and his or her nonpaying guests and employees.

(11) “Federal Food, Drug, and Cosmetic Act” means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and amendatory or supplementary acts codified at 21 U.S.C. §§ 301-399f. It shall include as part of its meaning the Vermont Food, Drug, Cosmetic, and Hazardous Substance Labeling Act codified at 18 Vt. Stat. Ann. chapter 82, subchapter 1, rules adopted under that chapter, and amendatory or supplementary acts, where not inconsistent with the Federal Food, Drug, and Cosmetic Act.

(12) “Federal Meat Inspection Act” means the Act so entitled approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584); the term “federal Poultry Products Inspection Act” means the Act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791); and the term “federal acts” mean these two federal laws.

(13) “Handler of dead, dying, disabled, or diseased animals” means any person who buys, sells, transports, or otherwise handles any animal that died other than by slaughter, or any animal that 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 muscular coordination;

(F) inability to walk normally or stand; or

(G) any of the conditions for which livestock is required to be condemned on antemortem inspection in accordance with the requirements of this chapter and the rules adopted pursuant to this chapter.

(14) “Head of service” means the person designated by the Secretary to be in charge of the day-to-day operations of the Vermont Meat and Poultry Inspection and Licensing Program established by this chapter.

(15) “Immediate container” means any consumer package, or any other container in which livestock products or poultry products, not consumer packaged, are packed.

(16) “Inspector” means an employee or official of the State of Vermont authorized by the Secretary or any employee or official of the federal government or of any other governmental entity of this State, authorized by the Secretary to perform any inspection functions under this chapter under an agreement between the Secretary and the governmental entity.

(17) “Intrastate commerce” means any commerce within this State.

(18) “Label” means a display of written, printed, or graphic matter upon any product or the immediate container, not including package liners, of any product.

(19) “Labeling” means all labels and other written, printed, or graphic matter:

(A) upon any product or any of its containers or wrappers; or

(B) accompanying the product.

(20) “Licensed establishment” means any person required to hold a license under section 3306 of this title.

(21) “Livestock” means any cattle, sheep, swine, goats, horses, mules, or other equines, whether live or dead.

(22) “Livestock product” means any carcass, or part of a carcass, meat, or meat food product of any livestock.

(23) “Meat” means the part of the muscle of any cattle, sheep, swine, goats, horses, mules, or other equines that is skeletal or that 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, blood vessels that normally accompany the muscle tissue and that does not include the muscle found in the lips, snout, or ears.

(24) “Meat food product” and “meat product” mean any product capable of use as human food that is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products that are exempted from definition as a meat food product by the Secretary under conditions that the Secretary may prescribe to ensure that the meat or other portions of carcass contained in products are unadulterated and that products 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.

(25) “Misbranded” shall apply to any livestock product or poultry product under one or more of the following circumstances:

(A) if its labeling is false or misleading in any way;

(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 made, formed, or filled as to be misleading;

(E) unless it bears a label showing:

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

(ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count, provided that under this subdivision (E), exemptions as to livestock products not in containers may be established by rules prescribed by the Secretary and provided further that under this subdivision (E)(ii), reasonable variations may be permitted, and exemptions as to small packages may be established for livestock products or poultry products by rule prescribed by the Secretary;

(F) if any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed with such conspicuousness as compared with other words, statements, designs, or devices, in the labeling and in 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 is represented as a food for which a definition and standard of identity or composition has been prescribed by the rules of the Secretary under section 3305 of this title unless:

(i) it conforms to the definition and standard; and

(ii) its label bears the name of the food specified in the definition and standard and, insofar as may be required by rules, the common names of optional ingredients other than spices, flavoring, and coloring present in the food;

(H) if it is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the Secretary under section 3305 of this title and it falls below the standard of fill of container, unless its label bears, in such manner and form as the rules specify, a statement that it falls below the standard;

(I) if it is not subject to the provisions of subdivision (G) of this subdivision (25), unless its label bears:

(i) the common or usual name of the food, if any; and

(ii) in case it is fabricated from two or more ingredients, the common name of each ingredient, except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each, provided that, to the extent that compliance with the requirements of this subdivision (I)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rules adopted by the Secretary;

(J) if it is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary determines to be, and by rules prescribe as, necessary in order to fully inform purchasers as to its value for these uses;

(K) if it contains any artificial flavoring, artificial coloring, or chemical preservative, unless it has a label stating that fact, provided that to the extent that compliance with the requirements of this subdivision (K) is impracticable, exemptions shall be established by rules adopted by the Secretary; and

(L) if it fails to have, directly on its containers, as the Secretary may by rules prescribe, the official inspection legend and establishment number of the establishment where the product was prepared, and, unrestricted by any of the foregoing, such other information as the Secretary may require in rules to ensure 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 product in a wholesome condition.

(26) “Official certificate” means any certificate prescribed by rules of the Secretary for issuance by an inspector or other person performing official functions under this chapter.

(27) “Official device” means any device prescribed or authorized by the Secretary for use in applying any official mark.

(28) “Official establishment” means any establishment as determined by the Secretary at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this chapter.

(29) “Official inspection legend” means any symbol prescribed by rules of the Secretary showing that a product was inspected and passed in accordance with this chapter.

(30) “Official mark” means the official inspection legend or any other symbol prescribed by rules of the Secretary to identify the status of any product of livestock or poultry under this chapter.

(31) “Person” includes any individual, partnership, corporation, association, or other business unit and any officer, agent or employee.

(32) “Pesticide chemical,” “food additive,” “color additive,” and “raw agricultural commodity” shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act.

(33) “Poultry” means any domesticated bird, whether live or dead.

(34) “Poultry product” means any poultry carcass or part of a carcass; or any product that is made wholly or in part from any poultry carcass or part of a carcass, excepting products that are exempted by the Secretary from definition as a poultry product under conditions that the Secretary may prescribe to ensure that the poultry ingredients in products are not adulterated and that these products are not represented as poultry products.

(35) “Prepared” means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.

(36) “Public warehouseman” means any person who acts as a temporary custodian of meat, meat food product, or poultry product stored in that person’s warehouse for a fee.

(37) “Reinspection” includes inspection of the preparation of livestock products and poultry products, as well as reexamination of products previously inspected.

(38) “Renderer” means any person engaged in the business of rendering livestock or poultry carcasses, or parts of products of carcasses, except rendering conducted under inspection or exemption under this chapter.

(39) “Retail vendor” means any person who sells, displays, advertises for sale, offers for sale, or has available for sale meat, meat food products, or poultry products for purchase by consumers. Retail vendors include persons who operate stores, sell or attempt to sell to consumers at their homes, or otherwise sell, display, advertise, offer, or have available for sale, meat food products or poultry products at retail for purchase by consumers.

(40) “Shipping container” means any container used or intended for use in packaging the product packed in an immediate container.

(41) “Wholesale distributor” means any person who sells meat to retail vendors, other merchants, or to industrial, institutional, and commercial users mainly for resale or business use.

(42) “Mobile slaughter and processing establishment” means any transportable structure used for slaughtering or processing of meat or poultry products on a farm or on an agricultural fairground registered pursuant to 20 V.S.A. § 3902.

(43) “Itinerant livestock slaughter” means slaughter, in accordance with the requirements of subsection 3311a(e) of this title, of livestock owned by a person for his or her exclusive use or for use by members of his or her household and his or her nonpaying guests and employees.

(44) “Itinerant poultry slaughter” means the slaughter of poultry:

(A) at a person’s home or farm in accordance with subsection 3312(b) of this title; or

(B) at a facility approved by the Secretary for the slaughtering of poultry.

(45) “Itinerant slaughterer” means a person who, for compensation or gain, engages in itinerant livestock slaughter or itinerant poultry slaughter. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 228 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 201 (Adj. Sess.), § 3; 2007, No. 38, § 10, eff. May 21, 2007; 2011, No. 13, § 1, eff. April 28, 2011; 2013, No. 83, § 1, eff. June 10, 2013; 2017, No. 52, § 3, eff. May 30, 2017; 2017, No. 74, § 12; 2019, No. 129 (Adj. Sess.), § 11; 2021, No. 105 (Adj. Sess.), § 133, eff. July 1, 2022; 2023, No. 6, § 63, eff. July 1, 2023.)