N.Y. Agriculture & Markets Law § 198: Definitions

§ 198. Definitions. 1. The terms "food" and "food product" shall

include all articles of food, drink, confectionery or condiment, whether

simple, mixed or compound, used or intended for use by men or animals,

and shall also include all substances or ingredients to be added to food

for any purpose. This definition shall be construed as including chewing

gum.

2. The term "person" includes individual, partnership, corporation,

and association.

3. The term "label" means a display of written, printed or graphic

matter upon the immediate container of any article; and a requirement

made by or under authority of this chapter that any word, statement, or

other information appear on the label shall not be considered to be

complied with unless such word, statement, or other information also

appears on the outside container or wrapper, if any there be, of the

retail package of such article, or is easily legible through the outside

container or wrapper. The term "immediate container" does not include

package liners.

4. The term "labeling" means all labels and other written, printed, or

graphic matter (a) upon an article or any of its containers or wrappers,

or (b) accompanying such article.

5. The term "advertisement" means all representations disseminated in

any manner or by any means, other than by labeling, for the purpose of

inducing, or which are likely to induce, directly or indirectly, the

purchase of a food or food product.

6. The term "contaminated with filth" applies to any food or food

product not securely protected from dust and dirt, insects and parts

thereof, and from all injurious contaminations.

7. The term "food additive" means any substance the intended use of

which results or may reasonably be expected to result, directly or

indirectly, in its becoming a component or otherwise affecting the

characteristics of any food (including any substance intended for use in

producing, manufacturing, packing, processing, preparing, treating,

packaging, transporting, or holding food; and including any source of

ionizing radiation intended for any such use), if such substance is not

generally recognized, among experts qualified by scientific training and

experience to evaluate its safety, as having been adequately shown

through scientific procedures (or, in the case of a substance used in

food prior to January first, nineteen hundred fifty-eight, through

either scientific procedures or experience based on prolonged use in

food) to be safe under the conditions of its intended use; except that

such term does not include:

(a) a pesticide chemical in or on a raw agricultural commodity: or

(b) a pesticide chemical to the extent that it is intended for use or

is used in the production, storage or transportation of any raw

agricultural commodity: or

(c) a color additive: or

(d) any substance used in accordance with a sanction or approval

granted prior to the enactment of this subdivision pursuant to the

federal food, drug, and cosmetic act, the federal poultry products

inspection act, or the federal meat inspection act.

8. The term "pesticide chemical" means any substance which, alone, in

chemical combination, or in formulation with one or more other

substances, is an "economic poison" within the meaning of the federal

insecticide, fungicide, and rodenticide act as now in force or as

hereafter amended, and which is used in the production, storage or

transportation of raw agricultural commodities.

9. The term "raw agricultural commodity" means any food in its raw or

natural state, including all fruits that are washed, colored or

otherwise treated in their unpeeled natural form prior to marketing.

10. (a) The term "color additive" means a material which (1) is a dye,

pigment or other substance made by a process of synthesis or similar

artifice, or extracted, isolated or otherwise derived, with or without

intermediate or final change of identity, from a vegetable, animal,

mineral or other source, and (2) when added or applied to a food is

capable (alone or through reaction with other substance) of imparting

color thereto: except that such term does not include any material which

the commissioner, by regulation, determines is used (or intended to be

used) solely for a purpose or purposes other than coloring.

(b) The term "color" includes black, white and intermediate grays.

(c) Nothing in paragraph (a) of this subdivision shall be construed to

apply to any pesticide chemical, soil or plant nutrient, or other

agricultural chemical solely because of its effect in aiding, retarding

or otherwise affecting, directly or indirectly, the growth or other

natural physiological processes of produce of the soil and thereby

affecting its color, whether before or after harvest.

11. "Game or wild game" means any deer or big game, or portions

thereof, as defined in section 11-0103 of the environmental conservation

law, taken by lawful hunting.