Okla. Stat. tit. 2, § 2-6-254

For the purposes of this act, the following terms shall have the

meanings stated below:

1. The term "Board" means the State Board of Agriculture or its

delegate.

Oklahoma Statutes - Title 2. Agriculture Page 285

2. The term "person" means any individual, partnership,

corporation, association, or other business unit.

3. The term "poultry products broker" means any person engaged

in the business of buying or selling poultry products on commission,

or otherwise negotiating purchases or sales of such articles other

than for his own account or an as employee of another person.

4. The term "renderer" means any person engaged in the business

of rendering carcasses, or parts or products of the carcasses, of

poultry, except rendering conducted under inspection or exemption

under this act.

5. The term "animal food manufacturer" means any person engaged

in the business of manufacturing or processing animal food derived

wholly or in part from carcasses, or parts or products of the

carcasses, of poultry.

6. The term "intrastate commerce" means commerce within this

state.

7. The term "poultry" means any domesticated bird, whether live

or dead.

8. The term "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 Board from

definition as a poultry product under such conditions as the Board

may prescribe to assure that the poultry ingredients in such

products are not adulterated and that such products are not

represented as poultry products.

9. The term "capable of use as human food" shall apply to any

carcass, or part or product of a carcass, of any poultry, unless it

is denatured or otherwise identified as required by regulations

prescribed by the Board to deter its use as human food, or it is

naturally inedible by humans.

10. The term "processed" means slaughtered, canned, salted,

stuffed, rendered, boned, cut up, or otherwise manufactured or

processed.

11. The term "adulterated" shall apply to any poultry product

under one or more of the following circumstances:

(a) if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but in case the

substance is not an added substance, such article shall not be

considered adulterated under this clause if the quantity of such

substance in or on such article does not ordinarily render it

injurious to health;

(b) (1) if it bears or contains, by reason of

administration of any substance to the live poultry or otherwise,

Oklahoma Statutes - Title 2. Agriculture Page 286

any added poisonous or added deleterious substance, other than one

which is:

a. a pesticide chemical in or on a raw agricultural

commodity;

b. a food additive; or

c. a color additive;

which may, in the judgment of the Board, make such article unfit for

human food;

(2) if it is, in whole or in part, a raw agricultural commodity

and such commodity bears or contains a pesticide chemical which is

unsafe within the meaning of Section 408 of the Federal Food, Drug,

and Cosmetic Act;

(3) if it bears or contains any food additive which is unsafe

within the meaning of Section 409 of the Federal Food, Drug, and

Cosmetic Act;

(4) if it bears or contains any color additive which is unsafe

within the meaning of Section 706 of the Federal Food, Drug, and

Cosmetic Act:

Provided, that an article which is not otherwise deemed adulterated

under clause (2), (3), or (4) shall nevertheless be deemed

adulterated if use of the pesticide chemical, food additive, or

color additive in or on such article is prohibited by regulations of

the Board in official establishments;
which is unsafe

within the meaning of Section 706 of the Federal Food, Drug, and

Cosmetic Act:

Provided, that an article which is not otherwise deemed adulterated

under clause (2), (3), or (4) shall nevertheless be deemed

adulterated if use of the pesticide chemical, food additive, or

color additive in or on such article is prohibited by regulations of

the Board in official establishments;

(c) if it consists in whole or in part of any filthy, putrid,

or decomposed substance or is for any other reason unsound,

unhealthful, unwholesome, or otherwise unfit for human food;

(d) if it has been prepared, packed, or held under insanitary

conditions whereby it may become contaminated with filth, or whereby

it may have been rendered injurious to health;

(e) if it is, in whole or in part, the product of any poultry

which has died otherwise than by slaughter;

(f) if its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the contents

injurious to health;

(g) if it has been intentionally subjected to radiation, unless

the use of the radiation was in conformity with a regulation or

exemption in effect pursuant to Section 409 of the Federal Food,

Drug, and Cosmetic Act; or

(h) if any valuable constituent has been in whole or in part

omitted or abstracted therefrom; or if any substance has been

substituted, wholly or in part therefor; or if damage or inferiority

has been concealed in any manner; or if substance has been added

thereto or mixed or packed therewith so as to increase its bulk or

weight, or reduce its quality or strength, or make it appear better

or of greater value than it is.

12. The term "misbranded" shall apply to any poultry product

under one or more of the following circumstances:

Oklahoma Statutes - Title 2. Agriculture Page 287

(a) if its labeling is false or misleading in any

particular;

(b) if it is offered for sale under the name of another

food;

(c) if it is an imitation of another food, unless its

label bears, in type of uniform size and prominence, the word

"imitation" and immediately thereafter the name of the food

imitated;

(d) if its container is so made, formed, or filled as to

be misleading;

(e) unless it bears a label showing:

(1) the name and place of business of the

manufacturer, packer, or distributor; and

(2) an accurate statement of the quantity of the

product in terms of weight, measure, or numerical

count;

Provided, that under clause (2) of this subparagraph (e),

reasonable variations may be permitted, and exemptions as to small

packages or articles not in packages or other containers may be

established, by regulations prescribed by the Board;

(f) if any word, statement, or other information required

by or under authority of this act to appear on the label or other

labeling is not prominently placed thereon with such

conspicuousness, as compared with other words, statements, designs,

or devices, in the labeling, and in such terms as to render it

likely to be read and understood by the ordinary individual under

customary conditions of purchase and use;

(g) if it purports to be or is represented as a food for

which a definition and standard of identity or composition has been

prescribed by regulations of the Board under Section 8 of this act

unless:

(1) it conforms to such definition and standard, and(2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names

of optional ingredients, other than spices,

flavoring, and coloring, present in such

food;
or composition has been

prescribed by regulations of the Board under Section 8 of this act

unless:

(1) it conforms to such definition and standard, and(2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names

of optional ingredients, other than spices,

flavoring, and coloring, present in such

food;

(h) if it purports to be or is represented as a food for

which a standard or standards of fill of container have been

prescribed by regulations of the Board under Section 8 of this act,

and it falls below the standard of fill of container applicable

thereto, unless its label bears, in such manner and form as such

regulations specify, a statement that it falls below such standard;

(i) if it is not subject to the provisions of subparagraph

(g) unless its label bears

(1) the common or usual name of the food, if any

there be, and

(2) in case it is fabricated from two or more

ingredients, the common or usual name of each such

Oklahoma Statutes - Title 2. Agriculture Page 288

ingredient; except that spices, flavorings, and

colorings may, when authorized by the Board, be

designated as spices, flavorings, and colorings

without naming each:

Provided, that to the extent that compliance with the

requirements of clause (2) of this subparagraph (i) is

impracticable, or results in deception or unfair competition,

exemptions shall be established by regulations promulgated by the

Board.

(j) if it purports to be or is represented for special

dietary uses, unless its label bears such information concerning its

vitamin, mineral, and other dietary properties as the Board, after

consultation with the Secretary of Agriculture of the United States,

determines to be, and by regulations prescribes as, necessary in

order fully to inform purchasers as to its value for such uses;

(k) if it bears or contains any artificial flavoring,

artificial coloring, or chemical preservative, unless it bears

labeling stating that fact; provided, that, to the extent that

compliance with the requirements of this subparagraph (k) is

impracticable, exemptions shall be established by regulations

promulgated by the Board; or

(1) if it fails to bear on its containers, and in the case

of nonconsumer packed carcasses, if the Board so requires, directly

thereon, as the Board may by regulations prescribed, the official

inspection legend and official establishment number of the

establishment where the article was processed and, unrestricted by

any of the foregoing, such other information as the Board may

require in such regulations to assure that it will not have false or

misleading labeling and that the public will be informed of the

manner of handling required to maintain the article in a wholesome

condition.

13. The term "label" means a display of written, printed, or

graphic matter upon any article or the immediate container, not

including package liners, of any article.

14. The term "labeling" means all labels and other written,

printed, or graphic matter

(a) upon any article or any of its containers or wrappers,

or
anner of handling required to maintain the article in a wholesome

condition.

13. The term "label" means a display of written, printed, or

graphic matter upon any article or the immediate container, not

including package liners, of any article.

14. The term "labeling" means 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.

15. 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).

16. The term "Federal Food, Drug, and Cosmetic Act" means the

act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts

amendatory thereof or supplementary thereto.

17. The terms "pesticide chemical", "food additive", "color

additive", and "raw agricultural commodity" shall have the same

Oklahoma Statutes - Title 2. Agriculture Page 289

meanings for purposes of this act as under the Federal Food, Drug,

and Cosmetic Act.

18. The term "official mark" means the official inspection

legend or any other symbol prescribed by regulation of the Board to

identify the status of any article or poultry under this act.

19. The term "official inspection legend" means any symbol

prescribed by regulation of the Board showing that an article was

inspected for wholesomeness in accordance with this act.

20. The term "official certificate" means any certificate

prescribed by regulation of the Board for issuance by an inspector

or other person performing official functions under this act.

21. The term "official device" means any device prescribed or

authorized by the Board for use in applying any official mark.

22. The term "official establishment" means any establishment

as determined by the Board at which inspection of the slaughter of

poultry, or the processing of poultry products, is maintained under

the authority of this act.

23. The term "inspection service" means the Meat Inspection

Division designated by the Board as having the responsibility for

carrying out the provisions of this act.

24. The term "inspector" means an employee or official of the

State Board of Agriculture authorized by the Board to inspect

poultry and poultry products under the authority of this act, or any

employee or official of the government of any county or other

governmental subdivision of this state authorized by the Board to

inspect poultry and poultry products under authority of this act,

under an agreement entered into between the Board and such

governmental subdivision.

25. The term "container" or "package" includes any box, can,

tin, cloth, plastic, or other receptacle, wrapper, or cover.

26. The term "shipping container" means any container used or

intended for use in packaging the product packed in an immediate

container.

27. The term "immediate container" includes any consumer

package; or any other container in which poultry products, not

consumer packaged, are packed.