§ 198 — Definitions

§ 198. Definitions. 1. The terms "food" and "food product" shall\ninclude all articles of food, drink, confectionery or condiment, whether\nsimple, mixed or compound, used or intended for use by men or animals,\nand shall also include all substances or ingredients to be added to food\nfor any purpose. This definition shall be construed as including chewing\ngum.\n 2. The term "person" includes individual, partnership, corporation,\nand association.\n 3. The term "label" means a display of written, printed or graphic\nmatter upon the immediate container of any article; and a requirement\nmade by or under authority of this chapter that any word, statement, or\nother information appear on the label shall not be considered to be\ncomplied with unless such word, statement, or other information also\nappears on the outside container or wrapper, if any there be, of the\nretail package of such article, or is easily legible through the outside\ncontainer or wrapper. The term "immediate container" does not include\npackage liners.\n 4. The term "labeling" means all labels and other written, printed, or\ngraphic matter (a) upon an article or any of its containers or wrappers,\nor (b) accompanying such article.\n 5. The term "advertisement" means all representations disseminated in\nany manner or by any means, other than by labeling, for the purpose of\ninducing, or which are likely to induce, directly or indirectly, the\npurchase of a food or food product.\n 6. The term "contaminated with filth" applies to any food or food\nproduct not securely protected from dust and dirt, insects and parts\nthereof, and from all injurious contaminations.\n 7. The term "food additive" means any substance the intended use of\nwhich results or may reasonably be expected to result, directly or\nindirectly, in its becoming a component or otherwise affecting the\ncharacteristics of any food (including any substance intended for use in\nproducing, manufacturing, packing, processing, preparing, treating,\npackaging, transporting, or holding food; and including any source of\nionizing radiation intended for any such use), if such substance is not\ngenerally recognized, among experts qualified by scientific training and\nexperience to evaluate its safety, as having been adequately shown\nthrough scientific procedures (or, in the case of a substance used in\nfood prior to January first, nineteen hundred fifty-eight, through\neither scientific procedures or experience based on prolonged use in\nfood) to be safe under the conditions of its intended use; except that\nsuch term does not include:\n (a) a pesticide chemical in or on a raw agricultural commodity: or\n (b) a pesticide chemical to the extent that it is intended for use or\nis used in the production, storage or transportation of any raw\nagricultural commodity: or\n (c) a color additive: or\n (d) any substance used in accordance with a sanction or approval\ngranted prior to the enactment of this subdivision pursuant to the\nfederal food, drug, and cosmetic act, the federal poultry products\ninspection act, or the federal meat inspection act.\n 8. The term "pesticide chemical" means any substance which, alone, in\nchemical combination, or in formulation with one or more other\nsubstances, is an "economic poison" within the meaning of the federal\ninsecticide, fungicide, and rodenticide act as now in force or as\nhereafter amended, and which is used in the production, storage or\ntransportation of raw agricultural commodities.\n 9. The term "raw agricultural commodity" means any food in its raw or\nnatural state, including all fruits that are washed, colored or\notherwise treated in their unpeeled natural form prior to marketing.\n 10. (a) The term "color additive" means a material which (1) is a dye,\npigment or other substance made by a process of synthesis or similar\nartifice, or extracted, isolated or otherwise derived, with or without\nintermediate or final change of identity, from a vegetable, animal,\nmineral or other source, and (2) when added or applied to a food is\ncapable (alone or through reaction with other substance) of imparting\ncolor thereto: except that such term does not include any material which\nthe commissioner, by regulation, determines is used (or intended to be\nused) solely for a purpose or purposes other than coloring.\n (b) The term "color" includes black, white and intermediate grays.\n (c) Nothing in paragraph (a) of this subdivision shall be construed to\napply to any pesticide chemical, soil or plant nutrient, or other\nagricultural chemical solely because of its effect in aiding, retarding\nor otherwise affecting, directly or indirectly, the growth or other\nnatural physiological processes of produce of the soil and thereby\naffecting its color, whether before or after harvest.\n 11. "Game or wild game" means any deer or big game, or portions\nthereof, as defined in section 11-0103 of the environmental conservation\nlaw, taken by lawful hunting.\n