§ 19-02.1-12 — Food - Tolerances for added poisonous ingredients

North Dakota § 19-02.1-12

• Jurisdiction: North Dakota
• Title 19: Foods, Drugs, Oils, and Compounds
• Ch. 19-02.1: North Dakota Food, Drug, and Cosmetic Act

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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
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.