When used in this chapter:

(1) “Secretary” means the Secretary of Agriculture or the Secretary’s delegate.

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

(3) “Broker” means any person engaged in the business of buying or selling livestock products or poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for such broker‘s own account or as an employee of another person.

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

(5) “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 such carcasses.

(6) “Intrastate commerce” means commerce within this State.

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

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

(9) “Meat food product” means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Secretary under such conditions as the Secretary may prescribe to assure that the meat or other portions of such carcass contained in such product are not adulterated and that such 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.

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

(11) “Poultry product” means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.

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

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

(14) “Adulterated” shall have the meaning set forth in § 8704 of this title.

(15) “Misbranded” shall have the meaning set forth in § 8705 of this title.

(16) “Label” includes display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article.

(17) “Labeling” includes all labels and other written, printed, or graphic matter (a) upon any article or any of its containers or wrappers, or (b) accompanying such article.

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

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

(20) “Immediate container” includes any consumer package; or any other container, not consumer package, in which livestock products or poultry products, are packed.

(21) “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) [21 U.S.C. § 601 et seq.]; 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) [21 U.S.C. § 451 et seq.]; and the term “federal acts” means these 2 federal laws.

(22) “Federal Food, Drug, and Cosmetic Act” means the act so entitled, approved June 25, 1938 (52 Stat. 1040) [21 U.S.C. § 301 et seq.], and acts amendatory thereof or supplementary thereto.

(23) “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 [21 U.S.C. § 321].

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

(25) “Official inspection legend” means any symbol prescribed by regulations of the Secretary showing that an article was inspected and passed in accordance with this chapter.

(26) “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.

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

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

3 Del. C. 1953, § ?8703; 57 Del. Laws, c. 500, § ?1; 57 Del. Laws, c. 764, § ?28; 70 Del. Laws, c. 186, § ?1; 84 Del. Laws, c. 42, § 31;

Terms Used In Delaware Code Title 3 Sec. 8703

  • Broker: means any person engaged in the business of buying or selling livestock products or poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for such broker's own account or as an employee of another person. See Delaware Code Title 3 Sec. 8703
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Immediate container: includes any consumer package; or any other container, not consumer package, in which livestock products or poultry products, are packed. See Delaware Code Title 3 Sec. 8703
  • Inspector: means an employee or official of the Department authorized by the Secretary or any employee or official of the government of any county or other governmental subdivision of this State, authorized by the Secretary to perform any inspection functions under this chapter under an agreement between the Secretary and such governmental subdivision. See Delaware Code Title 3 Sec. 8703
  • Livestock: means any cattle, sheep, swine, goats, horses, mules or other equines, whether live or dead. See Delaware Code Title 3 Sec. 8703
  • Meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Secretary under such conditions as the Secretary may prescribe to assure that the meat or other portions of such carcass contained in such product are not adulterated and that such products are not represented as meat food products. See Delaware Code Title 3 Sec. 8703
  • Official inspection legend: means any symbol prescribed by regulations of the Secretary showing that an article was inspected and passed in accordance with this chapter. See Delaware Code Title 3 Sec. 8703
  • Official mark: means the official inspection legend or any other symbol prescribed by regulations of the Secretary to identify the status of any article or livestock or poultry under this chapter. See Delaware Code Title 3 Sec. 8703
  • package: includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. See Delaware Code Title 3 Sec. 8703
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes any individual, partnership, corporation, association, or other business unit, and any officer, agent or employee thereof. See Delaware Code Title 3 Sec. 8703
  • Poultry: means any domesticated bird, whether live or dead. See Delaware Code Title 3 Sec. 8703
  • Poultry product: means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. See Delaware Code Title 3 Sec. 8703
  • Secretary: means the Secretary of Agriculture or the Secretary's delegate. See Delaware Code Title 3 Sec. 8703
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302