36-901. Definitions

In this article, unless the context otherwise requires:

1. "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 food.

2. "Color additive" means a material that both:

(a) 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.

(b) When added or applied to a food is capable, alone or through reaction with other substance, of imparting color to that food, except that color additive does not include any material that has been exempted under the federal act. The term "color" includes, but is not limited to, black, white and intermediate grays. This paragraph shall not 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 process of produce of the soil, and thereby affecting its color, whether before or after harvest.

3. "Contaminated with filth" applies to any food not securely protected from dust, from dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

4. "Director" means the director of the department of health services.

5. "Federal act" means the federal food, drug and cosmetic act, as amended (21 United States Code section 301 et seq.).

6. "Food" or "article" means:

(a) Articles used for food or drink for man or animals.

(b) Chewing gum.

(c) Articles used for components of any such article.

7. "Food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component of 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 radiation intended for any use if the 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 a food prior to January 1, 1958 through either scientific procedures or experience based on common use in food, to be safe under the conditions of its intended use. Food additive does not include:

(a) A pesticide chemical in or on a raw agricultural commodity.

(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.

(c) A color additive.

(d) Any substance used in accordance with a sanction or approval granted pursuant to laws or regulations administered by the federal food and drug administration.

8. "Immediate container" does not include package liners.

9. "Label" or "labeling" means a display of written, printed or graphic matter upon the immediate container or wrapper of an article or accompanying that article.

10. "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition, including fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables and foods that have been packaged, refrigerated or frozen.

11. "Pesticide chemical" means any substance that 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 (7 United States Code sections 135-135k) and that is used in the production, storage or transportation of raw agricultural commodities.

12. "Prepared food" means any food commercially processed and prepared for human consumption.

13. "Raw agricultural commodity" means any food in its raw or natural state, including, but not limited to, all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.

14. "Special inspection warrant" means an order in writing issued in the name of the state of Arizona, signed by a magistrate and directed to the director or his designee, authorizing him to enter into or upon any public or private property to make an inspection authorized by law.