§ 198. Definitions. 1. The terms "food" and "food product" shall
include all articles of food, drink, confectionery or condiment, whether
simple, mixed or compound, used or intended for use by men or animals,
and shall also include all substances or ingredients to be added to food
for any purpose. This definition shall be construed as including chewing
2. The term "person" includes individual, partnership, corporation,
3. The term "label" means a display of written, printed or graphic
matter upon the immediate container of any article; and a requirement
made by or under authority of this chapter that any word, statement, or
other information appear on the label shall not be considered to be
complied with unless such word, statement, or other information also
appears on the outside container or wrapper, if any there be, of the
retail package of such article, or is easily legible through the outside
container or wrapper. The term "immediate container" does not include
4. The term "labeling" means all labels and other written, printed, or
graphic matter (a) upon an article or any of its containers or wrappers,
or (b) accompanying such article.
5. The term "advertisement" means all representations disseminated in
any manner or by any means, other than by labeling, for the purpose of
inducing, or which are likely to induce, directly or indirectly, the
purchase of a food or food product.
6. The term "contaminated with filth" applies to any food or food
product not securely protected from dust and dirt, insects and parts
thereof, and from all injurious contaminations.
7. The term "food additive" means any substance the intended use of
which results or may reasonably be expected to result, directly or
indirectly, in its becoming a component or otherwise affecting the
characteristics of any food (including any substance intended for use in
producing, manufacturing, packing, processing, preparing, treating,
packaging, transporting, or holding food; and including any source of
ionizing radiation intended for any such use), if such substance is not
generally recognized, among experts qualified by scientific training and
experience to evaluate its safety, as having been adequately shown
through scientific procedures (or, in the case of a substance used in
food prior to January first, nineteen hundred fifty-eight, through
either scientific procedures or experience based on prolonged use in
food) to be safe under the conditions of its intended use; except that
such term does not include:
(a) a pesticide chemical in or on a raw agricultural commodity: or
(b) a pesticide chemical to the extent that it is intended for use or
is used in the production, storage or transportation of any raw
agricultural commodity: or
(c) a color additive: or
(d) any substance used in accordance with a sanction or approval
granted prior to the enactment of this subdivision pursuant to the
federal food, drug, and cosmetic act, the federal poultry products
inspection act, or the federal meat inspection act.
8. The term "pesticide chemical" means any substance which, alone, in
chemical combination, or in formulation with one or more other
substances, is an "economic poison" within the meaning of the federal
insecticide, fungicide, and rodenticide act as now in force or as
hereafter amended, and which is used in the production, storage or
transportation of raw agricultural commodities.
9. The term "raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored or
otherwise treated in their unpeeled natural form prior to marketing.
10. (a) The term "color additive" means a material which (1) is a dye,
pigment or other substance made by a process of synthesis or similar
artifice, or extracted, isolated or otherwise derived, with or without
intermediate or final change of identity, from a vegetable, animal,
mineral or other source, and (2) when added or applied to a food is
capable (alone or through reaction with other substance) of imparting
color thereto: except that such term does not include any material which
the commissioner, by regulation, determines is used (or intended to be
used) solely for a purpose or purposes other than coloring.
(b) The term "color" includes black, white and intermediate grays.
(c) Nothing in paragraph (a) of this subdivision shall be construed to
apply to any pesticide chemical, soil or plant nutrient, or other
agricultural chemical solely because of its effect in aiding, retarding
or otherwise affecting, directly or indirectly, the growth or other
natural physiological processes of produce of the soil and thereby
affecting its color, whether before or after harvest.
11. "Game or wild game" means any deer or big game, or portions
thereof, as defined in section 11-0103 of the environmental conservation
law, taken by lawful hunting.