217.025 When food deemed adulterated

217.025 When food deemed adulterated.

A food shall be deemed to be adulterated:

(1) (a) 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 food shall not be considered adulterated under this subsection

if the quantity of such substance in such food does not ordinarily render it

injurious to health; or

(b) If it bears or contains any added poisonous or added deleterious substance

which is unsafe within the meaning of KRS 217.045; or

(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or

decomposed substance, or if it is otherwise unfit for food; or

(d) If it has been produced, prepared, packed, or held under insanitary conditions

whereby it may have become contaminated with filth, or whereby it may have

been rendered diseased, unwholesome, or injurious to health; or

(e) If it is the product of a diseased animal or an animal which has died otherwise

than by slaughter, or that has been fed upon the uncooked offal from a

slaughterhouse; or

(f) If its container is composed, in whole or in part, of any poisonous or

deleterious substance which may render the contents injurious to health;

(2) (a) If any valuable constituent has been in whole or in part omitted or abstracted

therefrom; or

(b) If any substance has been substituted wholly or in part therefor; or

(c) If damage or inferiority has been concealed in any manner; or

(d) 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;

(3) If it is confectionery and it bears or contains any nonnutritive article or substance

except harmless coloring, harmless flavoring, harmless resinous glaze not in excess

of four-tenths of one percent (0.4%), harmless natural wax not in excess of four-

tenths of one percent (0.4%), harmless natural gum, and pectin; provided that this

subsection shall not apply to any chewing gum by reason of its containing harmless

nonnutritive masticatory substances;

(4) If it bears or contains a coal-tar color other than one from a batch which has been

certified under authority of the federal act;

(5) If it is filled milk.