A food shall be deemed to be adulterated:
1. Poisonous or deleterious substance.
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 paragraph 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 section 2158; 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. Substances added or omitted.
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. Substances in confectionery. If it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 4/10 of 1%, harmless natural wax not in excess of 4/10 of 1%, harmless natural gum and pectin. This subsection does not apply to any confectionery by reason of its containing less than 1/2 of 1% by volume of alcohol derived solely from use of flavoring extracts or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or
[ RR 2009, c. 2, §51 (COR) .]
4. Coal-tar color. 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.
1981, c. 470, §A87 (AMD). RR 2009, c. 2, §51 (COR).