Title 26, Chapter 2, Section 26
( 26-2-26)
A food shall be deemed to be adulterated if: (1) 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 food shall not be
considered adulterated under this paragraph if the quantity of
such substance in such food does not ordinarily render it
injurious to health; (2) It bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Code Section 26-2-27. In regard to pesticide residues, a food shall be deemed to be adulterated and unsafe if it bears a pesticide residue in excess of a tolerance established by the United States Environmental Protection Agency under the Federal Food, Drug, and Cosmetic Act or if it bears a residue of a pesticide for which no tolerance has been established or is currently in effect for that food, if such residue appears at a level which is readily quantifiable by methods of assay for pesticide residues employed by the Commissioner on the date of the assay; (3) It consists in whole or in part of a diseased or contaminated,
filthy, putrid, or decomposed substance or if it is otherwise
unfit for food; (4) It has been produced, prepared, packed, or held under
unsanitary conditions whereby it may have become contaminated with
filth or whereby it may have been rendered diseased, unwholesome,
or injurious to health; (5) It is the product of a diseased animal or an animal that has
died otherwise than by slaughter or an animal that has been fed
upon the uncooked offal from a slaughterhouse; (6) Its container is composed in whole or in part of any poisonous
or deleterious substance which may render the contents injurious
to health; (7) Any valuable constituent has been in whole or in part omitted
or abstracted therefrom; (8) Any substance has been substituted wholly or in part therefor; (9) Damage or inferiority has been concealed in any manner; (10) 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; (11) It is confectionary and it bears or contains any alcohol or
nonnutritive article or substance except harmless coloring,
harmless flavoring, harmless resinous glaze not in excess of
four-tenths of 1 percent, harmless natural wax not in excess of
four-tenths of 1 percent, harmless natural gum, and pectin,
provided that this paragraph shall not apply to any confection
containing less than one-half of 1 percent by volume of alcohol
derived solely from the use of flavoring extracts or to any
chewing gum by reason of its containing harmless nonnutritive
masticatory substances; or (12) It bears or contains a coal-tar color other than one from a
batch which has been certified under authority of the federal act. |