§ 15-17-2-2 — "Adulterated"

"Adulterated" means a food product that meets
any of the following descriptions:
(1) The product bears or contains a poisonous or deleterious
substance that may make the product injurious to health.
However, if the substance is not an added substance, the product
is not considered adulterated under this subdivision if the quantity
of the substance in or on the product does not ordinarily make the
product injurious to health.
(2) The product bears or contains any of the following:
(A) Any added poisonous or added deleterious substance that
is unsafe within the meaning of Section 406 of the federal Food,
Drug, and Cosmetic Act and the regulations adopted under that
act.
(B) A pesticide chemical that is unsafe within the meaning of
Section 408 of the federal Food, Drug, and Cosmetic Act or the
regulations adopted under that act.
(C) A food additive that is unsafe under Section 409 of the
federal Food, Drug, and Cosmetic Act or the regulations
adopted under that act.
(D) A color additive that is unsafe under Section 721 of the
federal Food, Drug, and Cosmetic Act or the regulations
adopted under that act.
(E) A new animal drug (or conversion product of a new animal
drug) that is unsafe within the meaning of Section 512 of the
federal Food, Drug, and Cosmetic Act or the regulations
adopted under that act.
However, a product that is not considered adulterated under
clause (A), (B), (C), (D), or (E) is considered adulterated if use of
the pesticide chemical, food additive, or color additive in or on
the product is prohibited by rules of the board in food processing
establishments.
(3) The product consists in whole or in part of a filthy, putrid, or
decomposed substance or is for any other reason unsound,
unhealthful, unwholesome, or unfit for human food.
(4) The product has been prepared, packed, or held under
unsanitary conditions under which the product may have:
(A) become contaminated with filth; or
(B) been made injurious to health.
(5) The product is in whole or in part the product of an animal,
including poultry, that has died from a cause other than slaughter.
(6) The product's container consists in whole or in part of a
poisonous or deleterious substance that may make the contents
injurious to health.
(7) The product has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a regulation
or an exemption in effect under the federal Food, Drug, and
Cosmetic Act.
(8) The product is altered because:
(A) a valuable constituent has been in whole or in part omitted
or removed from the product;
(B) a substance has been substituted wholly or in part for the
product;
(C) damage or inferiority has been concealed in any manner; or
(D) a substance has been added to the product or mixed or
packed with the product to increase the product's bulk or
weight, reduce the product's quality or strength, or make the
product appear better or of greater value than the product is.
(9) The product is oleomargarine or margarine containing animal
fat and any of the raw material used in the product consisted in
whole or in part of a filthy, putrid, or decomposed substance or is
unfit for human food.
[Pre-2008 Recodification Citation: 15-2.1-2-2.3.]

Legislative History

As added by P.L.2-2008, SEC.8.