SECTION 35:37-9-2. General terms and applications

(a)   "Adulterated" shall apply to any carcass, part thereof, rabbit or rabbit products under one or more of the following circumstances:

(1)   if it bears or contains any toxic 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 paragraph if the quantity of such substance in or on such article does not ordinarily render it injurious to health,

(2)   if it bears or contains, by reason of administration of any substance to live rabbits or otherwise, 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;

(3)   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 Number 408 of the Federal Food, Drug, and Cosmetic Act,

(4)   if it bears or contains any food additive which is unsafe within the meaning of Section Number 409 of the Federal Food, Drug, and Cosmetic Act,

(5)   if it bears or contains any color additive which is unsafe within the meaning of Section Number 706 of the Federal Food, Drug, and Cosmetic Act. Provided, that an article which is not otherwise deemed adulterated under paragraph (2), (3), or (4), shall nevertheless be deemed adulterated if the use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Board in establishments at which inspection is maintained pursuant to the Oklahoma Rabbit and Rabbit Products Inspection Act.

(6)   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 or esthetically unacceptable for human food;

(7)   if it has been prepared, packed, or held under unsanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered injurious to health,

(8)   if it is, in whole or in part, the product of any rabbit which has died otherwise than by slaughter,

(9)   if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health,

(10)   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 Number 409 of the Federal Food, Drug, and Cosmetic Act, or

(11)   if any valuable constituent has been in whole or in part omitted or abstracted; or if any substance has been substituted, wholly or in part therefore; 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.

(b)   "Capable of use as human food" shall apply to any carcass, or part or product of a carcass, of any rabbit, 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.

(c)   "Condition and Wholesomeness" refers to the condition of any product, its healthfulness or fitness for human food.

(d)   "Inspection" or "inspection service" refers to any inspection by an inspector to determine:

(1)   the condition and wholesomeness of rabbits,

(2)   the condition and wholesomeness of any edible product at any state of the preparation or packaging thereof in the official plant where inspected and passed, or

(3)   the condition and wholesomeness of any previously inspected and passed product if such product has not lost its identity as an inspected and passed product.

(e)   "Labeling" refers to all labels and other written, printed, or graphic matter:

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

(2)   accompanying the article.

(f)   "Misbranded" shall apply to any carcass, part thereof, rabbit meat or rabbit product under one or more of the following circumstances:

(1)   if its labeling is false or misleading in any particular,

(2)   if it is offered for sale under the name of another food,

(3)   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,

(4)   if its container is so made, formed, or filled as to be misleading, unless it bears a label showing:

(A)   The true name of the product;

(B)   An ingredients statement if the product is formulated from more than one item;

(C)   The name, address and zip code of the manufacturer, packer or distributor;

(D)   An accurate statement of the net quantity of contents;

(E)   A special handling statement for all perishable products, such as; keep frozen;

(F)   The official inspection legend that includes the plant number.

(5)   if any word, statement, or other information required by or under authority of the Oklahoma Rabbit and Rabbit Products Inspection 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,

(6)   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 unless:

(A)   it conforms to the definition and standard, and

(B)   its label bears the name of the food specified in the definition and standard and, insofar as may be required by the regulations, the common names of optional ingredients, other than spices, flavoring, and color, present in the food,

(7)   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, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as the regulations specify, a statement that it falls below such standard,

(8)   if it is not subject to the provisions of paragraph (6) unless its label bears:

(A)   the common or usual name of the food, if any there be, and

(B)   in case it is fabricated from two or more ingredients, the common or usual name of each such 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 this division is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Board,

(9)   if it purports to be or is represented for special dietary uses, unless its label bears the 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 to fully inform purchasers as to its value for such uses,

(10)   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 paragraph is impracticable, exemptions shall be established by regulations promulgated by the Board, or

(11)   if it fails to bear on its containers, as the Board may by regulations prescribe, the official inspection legend, such other information as the Board may require in the 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.

(g)   "Inspected and passed" or "passed" refers to any product, that it has undergone an inspection and was found, at the time of inspection, to be sound, wholesome, and fit for human food.

(h)   "Inspection of products for condition and wholesomeness" refers to inspection by an inspector to determine, in accordance with the regulations;

(1)   the condition and wholesomeness of rabbits, or

(2)   the condition and wholesomeness of any edible product at any state of the preparation or packaging thereof in the official plant where inspected and passed, or

(3)   the condition and wholesomeness of any previously inspected and passed product if such product has not lost its identity as an inspected and passed product.

(i)   "Program supervisor" refers to:

(1)   the officer in charge of the rabbit inspection service of the Department, and

(2)   other officers or employees of the Department designated by the officer in charge.

(j)   "Inspector in charge" refers to any authorized individual who is designated to supervise rabbit inspection service in a large official plant or in a group of several small plants.

(k)   "Official identification" refers to any symbol, stamp, label, or seal indicating that the product has been officially inspected and/or indicating the class or condition of the product approved by the Department and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.

[Source: Added at 21 Ok Reg 1181, eff 5-27-04]