As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings.
1.Advertisement.
"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 food.
1-A.
Commissioner.
"Commissioner" means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agents.
2.Contaminated with filth.
"Contaminated with filth" applies to any food not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
3.Federal Act.
"Federal Act" means the Federal Food, Drug and Cosmetic Act (Title
Free access — add to your briefcase to read the full text and ask questions with AI
As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings.
1.
Advertisement.
"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 food.
1-A.
Commissioner.
"Commissioner" means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agents.
2.
Contaminated with filth.
"Contaminated with filth" applies to any food not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
3.
Federal Act.
"Federal Act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.).
4.
Food.
"Food" means articles used for food or drink for humans or other animals, chewing gum and articles used for components of any such article.
4-A.
Food establishment.
"Food establishment" means a factory, plant, warehouse or store in which food and food products are manufactured, processed, packed, held for introduction into commerce or sold. "Food establishment" includes a caregiver, as defined in section 2421‑A, subsection 11, and a registered dispensary, as defined in section 2421‑A, subsection 41, that prepare food containing cannabis for medical use by a qualifying patient pursuant to chapter 558‑C. The following establishments are not considered food establishments required to be licensed under section 2167:
4-B.
Food salvage establishment.
"Food salvage establishment" means a food establishment engaged in reconditioning or by other means salvaging distressed merchandise and includes any food establishment that sells, buys, warehouses or distributes any salvaged merchandise.
5.
Immediate container.
"Immediate container" does not include the package liners but in the case of bottles shall include crowns or caps affixed thereto.
5-A.
Irradiated food.
6.
Label.
"Label" means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made by or under authority of this subchapter, 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 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.
7.
Labeling.
"Labeling" means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers, or accompanying such article.
7-A.
Retail food establishment.
"Retail food establishment" means a food establishment where food and food products are offered for sale to the consumer and intended for off-premise consumption.
7-B.
Salvage broker.
"Salvage broker" means a person, firm or corporation engaged in buying, selling, distributing or warehousing any distressed merchandise, whether or not in combination with other merchandise, which does not operate a food salvage establishment.
8.
Selling of food.
This subchapter regarding the selling of food shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale; and the sale, dispensing and giving of any such article, and the supplying or applying of any such articles in the conduct of any food establishment.
PL 1979, c. 541, §A146 (AMD). PL 1979, c. 672, §§A51-53 (AMD). PL 1979, c. 731, §19 (AMD). PL 1981, c. 705, §C3 (AMD). PL 1987, c. 174, §1 (AMD). PL 1989, c. 664, §1 (AMD). PL 1995, c. 276, §1 (AMD). PL 1995, c. 331, §1 (AMD). PL 1997, c. 96, §1 (AMD). PL 2005, c. 434, §13 (AMD). PL 2009, c. 631, §4 (AMD). PL 2009, c. 631, §51 (AFF). PL 2011, c. 407, Pt. A, §2 (AMD). PL 2011, c. 657, Pt. W, §6 (REV). PL 2017, c. 452, §1 (AMD). PL 2021, c. 669, §5 (REV). RR 2021, c. 2, Pt. B, §§120, 121 (COR). PL 2023, c. 679, Pt. C, §2 (AMD).