19-02.1-09. Food - Adulteration defined

19-02.1-09. Food - Adulteration defined

A food must be deemed to be adulterated for any of the following reasons:

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 food

may not be considered adulterated under this clause if the quantity of such substance

in such food does not ordinarily render it injurious to health.

2. If it bears or contains any added poisonous or added deleterious substance, other than

one which is:

a. A pesticide chemical in or on a raw agricultural commodity;

b. A food additive; or

c. A color additive which is unsafe within the meaning of subsection 1 of section

19-02.1-12.

3. If it is a raw agricultural commodity and it bears or contains a pesticide chemical which

is unsafe within the meaning of subsection 1 of section 19-02.1-12.

4. If it is or bears or contains, any food additive which is unsafe within the meaning of

subsection 1 of section 19-02.1-12. Provided, that when a pesticide chemical has been

used in or on a raw agricultural commodity in conformity with an exemption granted or

tolerance prescribed under subsection 1 of section 19-02.1-12, and such raw

agricultural commodity has been subjected to processing such as canning, cooking,

freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or

on such processed food may not, notwithstanding the provisions of section 19-02.1-12

and this subsection, be deemed unsafe if such residue in or on the raw agricultural

commodity has been removed to the extent possible in good manufacturing practice,

and the concentration of such residue in the processed food when ready-to-eat, is not

greater than the tolerance prescribed for the raw agricultural commodity.

5. 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.

6. If 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.

7. 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.

8. If its container is composed, in whole or in part, of any poisonous or deleterious

substance which may render the contents injurious to health.

9. If any valuable constituent has been in whole or in part omitted or abstracted

therefrom.

10. If any substance has been substituted wholly or in part therefor.

11. If damage or inferiority has been concealed in any manner.

12. 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.

13. If it is confectionery and has partially or completely imbedded therein any non-nutritive

object. This subsection does not apply in the case of any non-nutritive object if, in the

judgment of the department as provided by rules, the object is of practical functional

value to the confectionery product and would not render the product injurious or

hazardous to health. This subsection does not apply to any confectionery, by reason of

its containing less than one-half of one percent by volume of alcohol derived solely

from the use of flavoring extracts. This subsection does not apply to a non-nutritive

substance that is in or on confectionery by reason of its use for some practical

functional purpose in the manufacture, packaging, or storage of such confectionery if

the use of the substance does not promote deception of the consumer or otherwise

result in adulteration or misbranding in violation of any provision of this chapter. To

avoid or resolve uncertainty as to the application of this subsection, the department

n confectionery by reason of its use for some practical

functional purpose in the manufacture, packaging, or storage of such confectionery if

the use of the substance does not promote deception of the consumer or otherwise

result in adulteration or misbranding in violation of any provision of this chapter. To

avoid or resolve uncertainty as to the application of this subsection, the department

may issue rules allowing or prohibiting use of particular non-nutritive substances.

14. If it is or bears or contains any color additive which is unsafe within the meaning of

subsection 1 of section 19-02.1-12.

15. If it has been intentionally subjected to radiation, unless the use of the radiation was in

conformity with a regulation or exemption in effect pursuant to federal law.