P.R. Laws tit. 24, § 771a
For the purposes of this chapter, the following terms shall have the meaning as hereinafter indicated unless otherwise specified:
(a) Secretary. — Means the Secretary of Health of the Commonwealth of Puerto Rico or his authorized representative.
(b) Department. — Means the Department of Health of the Commonwealth of Puerto Rico.
(c) Person. — Means any natural or [juridical] person, his agents, employees or representatives.
(d) Meat broker. — Means any person engaged in the business of buying or selling animal meat on commission, or otherwise, except as employee of another person.
(e) Fat and by-products processor. — Means any person engaged in the business of processing animal fat and by-products except such processing of fats and by-products of meat carried out under the inspection or exemption under §§ 771—771p of this title.
(f) Animal food manufacturer. — Means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from animal meat.
(g) Intrastate commerce. — Means commerce within the Commonwealth of Puerto Rico.
(h) Meat food product. — Means any product capable of use as human food which is made wholly or in part from any meat of animals, except products which contain meat of animals only in a relatively small proportion or that traditionally or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as meat food product by the Secretary under such conditions as he may prescribe to assure that the meat in such products is unadulterated and that such products are not represented as meat food products.
(i) Capable of use as human food. — This term shall apply to any animal meat unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or that part of the animal that because of its nature is inedible by humans.
(j) Prepared. — Means slaughtered, canned, salted, processed as fat or by-product, boned, cut in pieces, or cut up, or otherwise manufactured or processed.
(k) Adulterated. — Shall apply to the animal meat and its food products, under one (1) or more of the following circumstances:
(1) 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.
(2)
(A) If it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance other than one which is:
(i) A pesticide in or on a raw agricultural commodity;
(ii) a food additive; or
(iii) a color additive which may, in the judgment of the Secretary, make such article unfit for human food.
(B) 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 the provisions of the Federal Food, Drug and Cosmetic Act or of the Puerto Rico Food, Drug and Cosmetic Act, §§ 711—732 of this title.
(C) If it bears or contains any food additive, which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act or of the Puerto Rico Food, Drug and Cosmetic Act, §§ 711—732 of this title.
(D) If it bears or contains any color additive which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act or of the Puerto Rico Food, Drug and Cosmetic Act, §§ 711—732 of this title; Provided, That an article which is not considered adulterated under paragraphs (B), (C) or (D) of this clause 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 Secretary in establishments at which inspection is maintained under §§ 771—771p of this title.
(3) 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.
(4) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(5) If it is, in whole or in part, the product of an animal which has died otherwise than by slaughter in an authorized abattoir.
(6) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(7) If it has been subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to § 409 of the Federal Food, Drug and Cosmetic Act.
(8) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, or if any damage or inferiority has been concealed in any manner; or if any 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; or
(9) if it is margarine containing animal fat and any of the raw material used therein consisting in whole or in part of any filthy, putrid or decomposed substance.
(l) Misbranded. — Shall apply to the meat or to its food product, under one (1) 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 or wrapping is so made, composed, formed or filled as to be misleading.
(5) If contained in a package or other container which does not bear a tag or label indicating:
(A) Name and place of the business of the manufacturer, packer, or distributor, and
(B) an accurate statement of the quantity of the contents in terms of weight, measures, or numerical count; Provided, That under this paragraph, reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the Secretary of Health of the Commonwealth of Puerto Rico.
(6) If any word, statement, or other information required by or under authority of this chapter to appear on the tag, 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 or understood by the ordinary individual under customary conditions of purchase and use.
(7) 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 Secretary under § 771f of this title, unless:
(A) It conforms to such definition or standard, and
(B) its tag or label bears the name of the food specified in the definition or standard and, insofar as may be required by such regulation, the common names of optional ingredients other than spices, flavoring, and coloring present in such food.
(8) 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 Secretary under § 771f of this title, and it falls below the standard of fill of container applicable thereto, unless its tag or label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.
(9) If it is not subject to the provisions of clause (7) of this subsection, unless its tag or label bears:
(A) The common or usual name of the food, if any there be, and
(B) in case it is fabricated from two (2) or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings and colorings without naming each; Provided, That to the extent that compliance with the requirements of paragraph (B) of this clause is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary.
(10) If it purports to be or is represented for special dietary uses, unless its tag or label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary may determine and require by regulations as necessary in order to fully inform purchasers as to its value for such uses.
(11) 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 clause is impracticable, exemptions shall be established by regulations promulgated by the Secretary.
(12) If it fails to bear, directly thereon or on its container or wrapping, as the Secretary may by regulations prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Secretary 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.
(m) Tag or label. — Means a display of written, printed or graphic matter upon the immediate container without including package liners of any article.
(n) Labeling. — Means all tags or labels or other written, printed, or graphic matter:
(1) Upon any article or any of its containers, or wrappers, or
(2) accompanying such article.
(o) Federal Meat Inspection Act. — Means the act, so entitled, approved March 4, 1907 (34 Stat. 1260), as amended.
(p) Federal Food, Drug and Cosmetic Act. — Means the act so entitled, approved June 25, 1938 (52 Stat. 1040), as amended.
(q) Pesticide chemical, food additive, color additive, and raw agricultural commodity. — Shall have the same meanings for purposes of this chapter as under the Federal Food, Drug and Cosmetic Act.
(r) Official seal or official mark. — Means the official inspection legend or any other symbol prescribed by regulations of the Secretary to identify the status of any article or animal under this chapter.
(s) Official inspection legend. — Means any symbol prescribed by regulations of the Secretary showing that an article was inspected and passed in accordance with this chapter.
(t) Official certificate. — Means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this chapter.
(u) Official device. — Means any device prescribed or authorized by the Secretary for use in applying any official seal or mark.
(v) Meat or animal meat. — Means the cattle or animal slaughtered and opened, without hide, entrails or waste including the organs capable of use as human food, either whole or in part, derived from cattle, sheep, goats, and swine; Provided, That in the case of swine the term meat shall include the skin; Provided, That the meat of horses, mules, and other equines shall only be used for the feeding of animals.
History —June 28, 1969, No. 120, p. 334, § 2.