Sec. 3. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term Administration means the Food Safety Administration established under section 101(a)(1). The term Administrator means the Administrator of Food Safety appointed under section 101(a)(3). The term adulterated has the meaning given such term in— section 402 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342 ) for food regulated under such Act; section 1(m) of the Federal Meat Inspection Act ( 21 U.S.C. 601(m) ) for food regulated under such Act; section 4(g) of the Poultry Products Inspection Act ( 21 U.S.C. 453(g) ) for food regulated under such Act; and section 4(a) of the Egg Products Inspection Act ( 21 U.S.C. 1033(a) ) for food regulated under such Act.

In applying the definitions cited in subparagraph (A), poisonous or deleterious substances in food shall be treated as an added substance if the poisonous or deleterious substances are known to cause serious illness or death in persons, including in sensitive populations. The term agency has the meaning given that term in section 551 of title 5, United States Code. The term category 1 food facility means a facility that slaughters animals for food. The term category 2 food facility means a facility that processes— raw meat, poultry, or seafood in a manner that may reduce but is not validated to destroy contaminants; or other products that the Administrator determines by regulation to be at high risk of contamination.

The term category 3 food facility means a facility— that processes meat, poultry, or seafood, or other products that the Administrator determines by regulation to be at high risk of contamination; and whose processes include one or more steps validated to destroy contaminants. The term category 4 food facility means a facility that processes food but is not a category 1, 2, or 3 food facility. The term category 5 food facility means a facility that stores, holds, or transports food prior to delivery for retail sale.

The term contaminant includes biological, chemical, physical, or radiological hazards, natural toxins, pesticides, drug residues, decomposition, parasites, allergens, and unapproved food or color additives. The term contamination refers to a presence of a contaminant in food, which may occur naturally or be introduced into a food. The term feed facility means a domestic or foreign feed manufacturer, processor, packer, warehouse, or other facility that— if operating in the United States, manufactures, slaughters, processes, or holds animal feed or feed ingredients; or if operating elsewhere, manufactures, slaughters, processes, or holds animal feed or feed ingredients intended for consumption in the United States.

The term food means a product intended to be used for food or drink for a human or an animal. The term food includes any product (including a meat food product, as defined in section 1(j) of the Federal Meat Inspection Act ( 21 U.S.C. 601(j) )), capable for use as human and animal food that is made in whole or in part from any animal, including cattle, sheep, swine, goat, or poultry (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 )), and animal feed.

The term food facility means a domestic or foreign food manufacturer, slaughterhouse, processor, packer, warehouse, or other facility that— if operating in the United States, manufactures, slaughters, processes, or holds food or food ingredients; or if operating outside the United States, manufactures, slaughters, processes, or holds food intended for consumption in the United States. For the purposes of registration, the term food facility does not include— a farm, restaurant, other retail food establishment, nonprofit food establishment in which food is prepared for or served directly to the consumer; or a fishing vessel (other than a fishing vessel engaged in processing, as that term is defined in section 123.3(k) of title 21, Code of Federal Regulations).

The term food production establishment means any farm, ranch, orchard, vineyard, aquaculture facility, or confined animal-feeding operation. The term food safety law means— the provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) related to and requiring the safety, labeling, and inspection of food, infant formulas, food additives, pesticide residues, and other substances present in food under that Act; the provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) and of any other Act that are administered by the Center for Veterinary Medicine of the Food and Drug Administration; the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ); the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ); the FDA Food Safety Modernization Act ( Public Law 111–353 ); the Egg Products Inspection Act ( 21 U.S.C. 1031 et seq. ); the Sanitary Food Transportation Act of 1990 (49 U.S.C.

App. 2801 et seq.); chapter 57 of title 49, United States Code; Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 ) ( 7 U.S.C. 1901 et seq. ); the provisions of this Act; and such other provisions of law related to and requiring food safety, labeling, inspection, and enforcement as the President designates by Executive order as appropriate to include within the jurisdiction of the Administration. The term interstate commerce has the meaning given that term in section 201(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(b) ).

The term misbranded has the meaning given to it in— section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) for food regulated under such Act; section 1(n) of the Federal Meat Inspection Act ( 21 U.S.C. 601(n) ) for food regulated under such Act; section 4(h) of the Poultry Products Inspection Act ( 21 U.S.C. 453(h) ) for food regulated under such Act; and section 4(l) of the Egg Products Inspection Act ( 21 U.S.C. 1033(l) ) for food regulated under such Act.

The term process or processing means the commercial slaughter, packing, preparation, or manufacture of food. The term safe refers to human and animal health. The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States. The term validation means the act of obtaining evidence that the process control measure or measures selected to control a contaminant in food is capable of effectively and consistently controlling the contaminant.

The term statistically valid means evaluated and conducted under standards set by the National Institute of Standards and Technology.

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