§ 4.1-31-01 — Definitions

1. "Adulterated" means a carcass or meat food product:
a. That includes a poisonous or harmful substance that may render it injurious to
health;
b. That includes a chemical pesticide that is unsafe under the Federal Food, Drug,
and Cosmetic Act [21 U.S.C. 301 et seq.];
c. That includes a food or color additive that is unsafe under the Federal Food,
Drug, and Cosmetic Act [21 U.S.C. 301 et seq.];
d. That includes a filthy, putrid, or decomposed substance or is for any other reason
unfit for human food;
e. That has been prepared, packed, or held under unsanitary conditions;
f. That includes the product of an animal that has died in a manner other than
slaughter or includes the product of an animal condemned by reason of disease
that existed at the time of slaughter;
g. The container of which includes a poisonous or harmful substance that may make
the contents harmful to health;
h. That has been intentionally subjected to radiation, unless the use of the radiation
conformed with a regulation or exemption in effect under the Federal Food, Drug,
and Cosmetic Act [21 U.S.C. 301 et seq.];
i. That is damaged or inferior and that damage or inferiority has been concealed; or
j. That has had a substance added to it or mixed or packed with it so as to increase
its bulk or weight, or make it appear better or of greater value than it is.
2. "Animal" includes cattle, swine, sheep, goats, farmed cervidae, llama, horses, equines,
bison, other large domesticated animals, domesticated rabbits, and poultry.
3. "Carcass" includes all or any part of an animal carcass.
4. "Container" means a receptacle of a meat food product.
5. "Custom exempt establishment" means an establishment as determined by the
commissioner where slaughter and processing activities of an animal carcass or meat
food products are done as a service for only the owner of the animal and the meat is
returned to the owner for personal use.
6. "Custom processing" means slaughtering, eviscerating, dressing, or processing an
animal carcass or meat food products for the owner of the animal carcass or the meat
food products, if all meat food products derived from the custom processing are
returned to that owner.
7. "Inspector" means an inspector appointed by the commissioner to perform duties
under this chapter.
8. "Intrastate commerce" means commerce within this state.
9. "Meat" means the edible flesh of an animal born and harvested for the purpose of
human consumption.
10 "Meat food product" means a product usable as human food which contains any part
of a carcass from an animal born and harvested for the purpose of human
consumption. The term does not include any product that contains any part of an
animal carcass in a relatively small proportion or which historically has not been
considered by consumers as a product of the meat food industry, and which is not
represented as a meat food product.
11. "Official establishment" means an establishment as determined by the commissioner
at which state inspection of the slaughter of livestock or poultry or the processing of
meat or meat food products for human consumption is maintained under the authority
of this chapter, but does not include:
a. Establishments subject to federal inspection.
b. Custom exempt establishments.

12. "Poultry" includes domesticated fowl bred for the primary purpose of producing eggs or
meat, or both, including chickens, turkeys, ostriches, emus, rheas, cassowaries,
waterfowl, and game birds, but excluding doves and pigeons.
13. "Prepared" means slaughtered, canned, salted, rendered, boned, cut up, or otherwise
manufactured or processed.