# Tenn. Code Ann. § 53-1-107: Poisonous or deleterious substance - Regulations as to use

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-107

## Section

- **Citation:** Tenn. Code Ann. § 53-1-107
- **Heading:** Poisonous or deleterious substance - Regulations as to use
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 53 / Chapter 1 / Section 53-1-107

## Text

(a) Any poisonous or deleterious substance, which shall include, but not be limited to, pesticide chemicals, food additives, color additives and radiation sources, added to any food pursuant to § 53-1-104 , to any drug or device pursuant to § 53-1-108 , or to any cosmetic pursuant to § 53-1-111 , shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) , except where the substance: (1) Is required in the production of the food; (2) Cannot be avoided by good manufacturing practice; or (3) Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer. (b) (1) (A) When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) . (B) The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act. (2) In determining the quantity of the added substance to be tolerated in or on different articles of foods, drugs, devices or cosmetics, the commissioner shall take into account the extent to which the use of the substance is required or cannot be avoided in the production or manufacture of the article and the other ways in which the health and economic interests of the consumer may be affected by the same or other poisonous or deleterious substances. Acts 1941, ch. 120, § 14; C. Supp. 1950, § 6580.14; Acts 1961, ch. 55, § 3; T.C.A. (orig. ed.), § 52-114.
(a) Any poisonous or deleterious substance, which shall include, but not be limited to, pesticide chemicals, food additives, color additives and radiation sources, added to any food pursuant to § 53-1-104 , to any drug or device pursuant to § 53-1-108 , or to any cosmetic pursuant to § 53-1-111 , shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) , except where the substance: (1) Is required in the production of the food; (2) Cannot be avoided by good manufacturing practice; or (3) Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer.
(1) Is required in the production of the food;
(2) Cannot be avoided by good manufacturing practice; or
(3) Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer.
ce; or (3) Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer.
(1) Is required in the production of the food;
(2) Cannot be avoided by good manufacturing practice; or
(3) Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer.
(b) (1) (A) When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) . (B) The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act. (2) In determining the quantity of the added substance to be tolerated in or on different articles of foods, drugs, devices or cosmetics, the commissioner shall take into account the extent to which the use of the substance is required or cannot be avoided in the production or manufacture of the article and the other ways in which the health and economic interests of the consumer may be affected by the same or other poisonous or deleterious substances.
(1) (A) When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) . (B) The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act.
(A) When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) .
(B) The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act.
(2) In determining the quantity of the added substance to be tolerated in or on different articles of foods, drugs, devices or cosmetics, the commissioner shall take into account the extent to which the use of the substance is required or cannot be avoided in the production or manufacture of the article and the other ways in which the health and economic interests of the consumer may be affected by the same or other poisonous or deleterious substances.
Acts 1941, ch. 120, § 14; C. Supp. 1950, § 6580.14; Acts 1961, ch. 55, § 3; T.C.A. (orig. ed.), § 52-114.

## Nearby sections

- [Tenn. Code Ann. § 53-1-101 Administration - Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-101.md)
- [Tenn. Code Ann. § 53-1-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-102.md)
- [Tenn. Code Ann. § 53-1-103 Prohibited acts - Penalties - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-103.md)
- [Tenn. Code Ann. § 53-1-104 Food deemed adulterated](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-104.md)
- [Tenn. Code Ann. § 53-1-105 Food deemed misbranded](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-105.md)
- [Tenn. Code Ann. § 53-1-106 Certain food exempted from affirmative labeling requirements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-106.md)
- [Tenn. Code Ann. § 53-1-107 Poisonous or deleterious substance - Regulations as to use](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-107.md)
- [Tenn. Code Ann. § 53-1-108 Drugs or devices deemed adulterated](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-108.md)
- [Tenn. Code Ann. § 53-1-109 Drugs or devices deemed misbranded - Exemptions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-109.md)
- [Tenn. Code Ann. § 53-1-110 Sale of new drugs](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-110.md)
- [Tenn. Code Ann. § 53-1-111 Cosmetics deemed adulterated](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-111.md)
- [Tenn. Code Ann. § 53-1-112 Cosmetics deemed misbranded](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-112.md)
- [Tenn. Code Ann. § 53-1-113 False advertising](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-113.md)
- [Tenn. Code Ann. § 53-1-114 Exemptions from labeling requirements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C1_S53-1-107. Check the current official text before relying on it. Not legal advice.