{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-6-254","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-6-254","heading":"Definitions","body":"For the purposes of this act, the following terms shall have the\n\nmeanings stated below:\n\n1. The term \"Board\" means the State Board of Agriculture or its\n\ndelegate.\n\n2. The term \"person\" means any individual, partnership,\n\ncorporation, association, or other business unit.\n\n3. The term \"poultry products broker\" means any person engaged\n\nin the business of buying or selling poultry products on commission,\n\nor otherwise negotiating purchases or sales of such articles other\n\nthan for his own account or an as employee of another person.\n\n4. The term \"renderer\" means any person engaged in the business\n\nof rendering carcasses, or parts or products of the carcasses, of\n\npoultry, except rendering conducted under inspection or exemption\n\nunder this act.\n\n5. The term \"animal food manufacturer\" means any person engaged\n\nin the business of manufacturing or processing animal food derived\n\nwholly or in part from carcasses, or parts or products of the\n\ncarcasses, of poultry.\n\n6. The term \"intrastate commerce\" means commerce within this\n\nstate.\n\n7. The term \"poultry\" means any domesticated bird, whether live\n\nor dead.\n\n8. The term \"poultry product\" means any poultry carcass, or\n\npart thereof; or any product which is made wholly or in part from\n\nany poultry carcass or part thereof, excepting products which\n\ncontain poultry ingredients only in a relatively small proportion or\n\nhistorically have not been considered by consumers as products of\n\nthe poultry food industry, and which are exempted by the Board from\n\ndefinition as a poultry product under such conditions as the Board\n\nmay prescribe to assure that the poultry ingredients in such\n\nproducts are not adulterated and that such products are not\n\nrepresented as poultry products.\n\n9. The term \"capable of use as human food\" shall apply to any\n\ncarcass, or part or product of a carcass, of any poultry, unless it\n\nis denatured or otherwise identified as required by regulations\n\nprescribed by the Board to deter its use as human food, or it is\n\nnaturally inedible by humans.\n\n10. The term \"processed\" means slaughtered, canned, salted,\n\nstuffed, rendered, boned, cut up, or otherwise manufactured or\n\nprocessed.\n\n11. The term \"adulterated\" shall apply to any poultry product\n\nunder one or more of the following circumstances:\n\n(a) if it bears or contains any poisonous or deleterious\n\nsubstance which may render it injurious to health; but in case the\n\nsubstance is not an added substance, such article shall not be\n\nconsidered adulterated under this clause if the quantity of such\n\nsubstance in or on such article does not ordinarily render it\n\ninjurious to health;\n\n(b) (1) if it bears or contains, by reason of\n\nadministration of any substance to the live poultry or otherwise,\n\nany added poisonous or added deleterious substance, other than one\n\nwhich is:\n\na. a pesticide chemical in or on a raw agricultural\n\ncommodity;\n\nb. a food additive; or\n\nc. a color additive;\n\nwhich may, in the judgment of the Board, make such article unfit for\n\nhuman food;\n\n(2) if it is, in whole or in part, a raw agricultural commodity\n\nand such commodity bears or contains a pesticide chemical which is\n\nunsafe within the meaning of Section 408 of the Federal Food, Drug,\n\nand Cosmetic Act;\n\n(3) if it bears or contains any food additive which is unsafe\n\nwithin the meaning of Section 409 of the Federal Food, Drug, and\n\nCosmetic Act;\n\n(4) if it bears or contains any color additive which is unsafe\n\nwithin the meaning of Section 706 of the Federal Food, Drug, and\n\nCosmetic Act:\n\nProvided, that an article which is not otherwise deemed adulterated\n\nunder clause (2), (3), or (4) shall nevertheless be deemed\n\nadulterated if use of the pesticide chemical, food additive, or\n\ncolor additive in or on such article is prohibited by regulations of\n\nthe Board in official establishments;\nwhich is unsafe\n\nwithin the meaning of Section 706 of the Federal Food, Drug, and\n\nCosmetic Act:\n\nProvided, that an article which is not otherwise deemed adulterated\n\nunder clause (2), (3), or (4) shall nevertheless be deemed\n\nadulterated if use of the pesticide chemical, food additive, or\n\ncolor additive in or on such article is prohibited by regulations of\n\nthe Board in official establishments;\n\n(c) if it consists in whole or in part of any filthy, putrid,\n\nor decomposed substance or is for any other reason unsound,\n\nunhealthful, unwholesome, or otherwise unfit for human food;\n\n(d) if it has been prepared, packed, or held under insanitary\n\nconditions whereby it may become contaminated with filth, or whereby\n\nit may have been rendered injurious to health;\n\n(e) if it is, in whole or in part, the product of any poultry\n\nwhich has died otherwise than by slaughter;\n\n(f) if its container is composed, in whole or in part, of any\n\npoisonous or deleterious substance which may render the contents\n\ninjurious to health;\n\n(g) if it has been intentionally subjected to radiation, unless\n\nthe use of the radiation was in conformity with a regulation or\n\nexemption in effect pursuant to Section 409 of the Federal Food,\n\nDrug, and Cosmetic Act; or\n\n(h) if any valuable constituent has been in whole or in part\n\nomitted or abstracted therefrom; or if any substance has been\n\nsubstituted, wholly or in part therefor; or if damage or inferiority\n\nhas been concealed in any manner; or if substance has been added\n\nthereto or mixed or packed therewith so as to increase its bulk or\n\nweight, or reduce its quality or strength, or make it appear better\n\nor of greater value than it is.\n\n12. The term \"misbranded\" shall apply to any poultry product\n\nunder one or more of the following circumstances:\n\n(a) if its labeling is false or misleading in any\n\nparticular;\n\n(b) if it is offered for sale under the name of another\n\nfood;\n\n(c) if it is an imitation of another food, unless its\n\nlabel bears, in type of uniform size and prominence, the word\n\n\"imitation\" and immediately thereafter the name of the food\n\nimitated;\n\n(d) if its container is so made, formed, or filled as to\n\nbe misleading;\n\n(e) unless it bears a label showing:\n\n(1) the name and place of business of the\n\nmanufacturer, packer, or distributor; and\n\n(2) an accurate statement of the quantity of the\n\nproduct in terms of weight, measure, or numerical\n\ncount;\n\nProvided, that under clause (2) of this subparagraph (e),\n\nreasonable variations may be permitted, and exemptions as to small\n\npackages or articles not in packages or other containers may be\n\nestablished, by regulations prescribed by the Board;\n\n(f) if any word, statement, or other information required\n\nby or under authority of this act to appear on the label or other\n\nlabeling is not prominently placed thereon with such\n\nconspicuousness, as compared with other words, statements, designs,\n\nor devices, in the labeling, and in such terms as to render it\n\nlikely to be read and understood by the ordinary individual under\n\ncustomary conditions of purchase and use;\n\n(g) if it purports to be or is represented as a food for\n\nwhich a definition and standard of identity or composition has been\n\nprescribed by regulations of the Board under Section 8 of this act\n\nunless:\n\n(1) it conforms to such definition and standard, and(2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names\n\nof optional ingredients, other than spices,\n\nflavoring, and coloring, present in such\n\nfood;\nor composition has been\n\nprescribed by regulations of the Board under Section 8 of this act\n\nunless:\n\n(1) it conforms to such definition and standard, and(2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names\n\nof optional ingredients, other than spices,\n\nflavoring, and coloring, present in such\n\nfood;\n\n(h) if it purports to be or is represented as a food for\n\nwhich a standard or standards of fill of container have been\n\nprescribed by regulations of the Board under Section 8 of this act,\n\nand it falls below the standard of fill of container applicable\n\nthereto, unless its label bears, in such manner and form as such\n\nregulations specify, a statement that it falls below such standard;\n\n(i) if it is not subject to the provisions of subparagraph\n\n(g) unless its label bears\n\n(1) the common or usual name of the food, if any\n\nthere be, and\n\n(2) in case it is fabricated from two or more\n\ningredients, the common or usual name of each such\n\ningredient; except that spices, flavorings, and\n\ncolorings may, when authorized by the Board, be\n\ndesignated as spices, flavorings, and colorings\n\nwithout naming each:\n\nProvided, that to the extent that compliance with the\n\nrequirements of clause (2) of this subparagraph (i) is\n\nimpracticable, or results in deception or unfair competition,\n\nexemptions shall be established by regulations promulgated by the\n\nBoard.\n\n(j) if it purports to be or is represented for special\n\ndietary uses, unless its label bears such information concerning its\n\nvitamin, mineral, and other dietary properties as the Board, after\n\nconsultation with the Secretary of Agriculture of the United States,\n\ndetermines to be, and by regulations prescribes as, necessary in\n\norder fully to inform purchasers as to its value for such uses;\n\n(k) if it bears or contains any artificial flavoring,\n\nartificial coloring, or chemical preservative, unless it bears\n\nlabeling stating that fact; provided, that, to the extent that\n\ncompliance with the requirements of this subparagraph (k) is\n\nimpracticable, exemptions shall be established by regulations\n\npromulgated by the Board; or\n\n(1) if it fails to bear on its containers, and in the case\n\nof nonconsumer packed carcasses, if the Board so requires, directly\n\nthereon, as the Board may by regulations prescribed, the official\n\ninspection legend and official establishment number of the\n\nestablishment where the article was processed and, unrestricted by\n\nany of the foregoing, such other information as the Board may\n\nrequire in such regulations to assure that it will not have false or\n\nmisleading labeling and that the public will be informed of the\n\nmanner of handling required to maintain the article in a wholesome\n\ncondition.\n\n13. The term \"label\" means a display of written, printed, or\n\ngraphic matter upon any article or the immediate container, not\n\nincluding package liners, of any article.\n\n14. The term \"labeling\" means all labels and other written,\n\nprinted, or graphic matter\n\n(a) upon any article or any of its containers or wrappers,\n\nor\nanner of handling required to maintain the article in a wholesome\n\ncondition.\n\n13. The term \"label\" means a display of written, printed, or\n\ngraphic matter upon any article or the immediate container, not\n\nincluding package liners, of any article.\n\n14. The term \"labeling\" means all labels and other written,\n\nprinted, or graphic matter\n\n(a) upon any article or any of its containers or wrappers,\n\nor\n\n(b) accompanying such article.\n\n15. The term \"Federal Poultry Products Inspection Act\" means\n\nthe act so entitled approved August 28, 1957 (71 Stat. 441), as\n\namended by the Wholesome Poultry Products Act (82 Stat. 791).\n\n16. The term \"Federal Food, Drug, and Cosmetic Act\" means the\n\nact so entitled, approved June 25, 1938 (52 Stat. 1040), and acts\n\namendatory thereof or supplementary thereto.\n\n17. The terms \"pesticide chemical\", \"food additive\", \"color\n\nadditive\", and \"raw agricultural commodity\" shall have the same\n\nmeanings for purposes of this act as under the Federal Food, Drug,\n\nand Cosmetic Act.\n\n18. The term \"official mark\" means the official inspection\n\nlegend or any other symbol prescribed by regulation of the Board to\n\nidentify the status of any article or poultry under this act.\n\n19. The term \"official inspection legend\" means any symbol\n\nprescribed by regulation of the Board showing that an article was\n\ninspected for wholesomeness in accordance with this act.\n\n20. The term \"official certificate\" means any certificate\n\nprescribed by regulation of the Board for issuance by an inspector\n\nor other person performing official functions under this act.\n\n21. The term \"official device\" means any device prescribed or\n\nauthorized by the Board for use in applying any official mark.\n\n22. The term \"official establishment\" means any establishment\n\nas determined by the Board at which inspection of the slaughter of\n\npoultry, or the processing of poultry products, is maintained under\n\nthe authority of this act.\n\n23. The term \"inspection service\" means the Meat Inspection\n\nDivision designated by the Board as having the responsibility for\n\ncarrying out the provisions of this act.\n\n24. The term \"inspector\" means an employee or official of the\n\nState Board of Agriculture authorized by the Board to inspect\n\npoultry and poultry products under the authority of this act, or any\n\nemployee or official of the government of any county or other\n\ngovernmental subdivision of this state authorized by the Board to\n\ninspect poultry and poultry products under authority of this act,\n\nunder an agreement entered into between the Board and such\n\ngovernmental subdivision.\n\n25. The term \"container\" or \"package\" includes any box, can,\n\ntin, cloth, plastic, or other receptacle, wrapper, or cover.\n\n26. The term \"shipping container\" means any container used or\n\nintended for use in packaging the product packed in an immediate\n\ncontainer.\n\n27. The term \"immediate container\" includes any consumer\n\npackage; or any other container in which poultry products, not\n\nconsumer packaged, are packed.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"222b333fe83a716723994ee99236c3c041a81d71708cf25683d408dc7e16fb0e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-6-253","next":"us-ok/okla.-stat.-tit.-2-2-6-255"},"notice":"GroundRules: Original legal text. Not legal advice."}