§ 146:21 — Additives

I. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of RSA 146:3, I with respect to any food, or RSA 146:4, I with respect to any drug or device, or RSA 146:7, I with respect to any cosmetic, unless there is in effect either (1) a regulation issued pursuant to the federal act permitting such use, or (2) a regulation issued pursuant to paragraph II of this section limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such regulation. While either such regulation relating to such substance is in effect, a food, drug or cosmetic shall not, by reason of bearing or containing such substance in accordance with the regulation, be considered adulterated within the meaning of paragraphs I of RSA 146:3, 4, 7.
II. On and after July 1, 1963, the regulations promulgated under the federal act, prescribing therein tolerances and exemptions from tolerances or conditions of use for any of the foregoing substances are hereby adopted as the regulations applicable to this chapter. Provided, that whenever public health or other considerations in the state so require, the commissioner of health and human services is authorized to adopt, amend, or repeal regulations whether or not in accordance with regulations promulgated under the federal act prescribing therein tolerances and exemptions from tolerances or conditions of use for such substances.

Legislative History

1963, 193:2. 1983, 291:1, I, eff. July 1, 1985.