§ 200 — Adulteration of food

§ 200. Adulteration of food. Food shall be deemed to be adulterated:\n1. If it bears or contains any poisonous or deleterious substance which\nmay render it injurious to health; but in case the substance is not an\nadded substance such food shall not be considered adulterated under this\nsubdivision if the quantity of such substance in such food does not\nordinarily render it injurious to health.\n 2. If it bears or contains any added poisonous or added deleterious\nsubstance other than one which is (a) a pesticide chemical in or on a\nraw agricultural commodity, (b) a food additive, or (c) a color\nadditive, which is unsafe within the meaning of section two hundred two,\nor if it is a raw agricultural commodity and it bears or contains a\npesticide chemical which is unsafe within the meaning of section four\nhundred eight-a of the federal food, drug and cosmetic act, as amended,\nor if it is, or it bears or contains, any food additive which is unsafe\nwithin the meaning of section four hundred nine of such federal act, as\namended; provided, that where a pesticide chemical has been used in or\non a raw agricultural commodity in conformity with an exemption granted\nor a tolerance prescribed under section four hundred eight of such\nfederal act, and such raw agricultural commodity has been subjected to\nprocessing such as canning, cooking, freezing, dehydrating or milling,\nthe residue of such pesticide chemical remaining in or on such processed\nfood shall not be deemed unsafe if such residue in or on the raw\nagricultural commodity has been removed to the extent possible in good\nmanufacturing practice, and the concentration of such residue in the\nprocessed food, when ready to eat, is not greater than the tolerance\nprescribed for the raw agricultural commodity.\n 3. If it consists in whole or in part of a diseased, contaminated,\nfilthy, putrid or decomposed substance, or if it is otherwise unfit for\nfood.\n 4. If it has been produced, prepared, packed or held under insanitary\nconditions whereby it may have become contaminated with filth, or\nwhereby it may have been rendered diseased, unwholesome or injurious to\nhealth.\n 5. If it is the product of a diseased animal or of an animal which has\ndied otherwise than by slaughter, or that has been fed upon the uncooked\noffal from a slaughterhouse.\n 6. If its container is composed in whole or in part of any poisonous\nor deleterious substance which may render the contents injurious to\nhealth.\n 6-a. If it has been intentionally subjected to radiation, unless the\nuse of the radiation was in conformity with a regulation or exemption in\neffect pursuant to sections one hundred ninety-nine-a or one hundred\nninety-nine-b.\n 7. If any valuable constituent has been in whole or in part omitted or\nabstracted therefrom.\n 8. If any substance has been substituted wholly or in part therefor.\n 9. If damage or inferiority has been concealed in any manner.\n 10. If any substance has been added thereto or mixed or packed\ntherewith so as to increase its bulk or weight, or reduce its quality or\nstrength or make it appear better than it is or of greater value than\nits true value.\n 10-a. If it is, or it bears or contains, a color additive which is\nunsafe within the meaning of section seven hundred six-a of the federal\nfood, drug and cosmetic act, as amended.\n 11. If it falls below the standard of purity, quality or strength\nwhich it purports or is represented to possess.\n 12. If it is confectionery and it bears or contains any alcohol or\nnon-nutritive article or substance except harmless coloring, harmless\nflavoring, harmless resinous glaze not in excess of four-tenths of one\nper centum, harmless natural gum, and pectin; provided that this\nsubdivision shall not apply to any confectionery by reason of its\ncontaining up to one-half of one per centum by volume of alcohol derived\nsolely from the use of flavoring extracts, or to any chewing gum by\nreason of its containing harmless non-nutritive masticatory substances;\nand provided further that this subdivision shall not apply to any\nconfectionery bearing or containing more than one-half of one per centum\nbut not more than five per centum of alcohol by volume.\n 13. With respect to the manufacture or sale of confectionery bearing\nor containing more than one-half of one per centum but not more than\nfive per centum of alcohol by volume, such confectionery must:\n (a) not be sold to individuals under twenty-one years of age;\n (b) bear a statement on the label that sale of the product to\nindividuals under twenty-one years of age is prohibited;\n (c) bear a statement on the label that the product contains alcohol up\nto five percent by volume;\n (d) bear the following statement: "Notice: This product contains\nalcohol used as a flavoring and, as with any product that contains\nalcohol: (i) women should not consume alcohol during pregnancy because\nof the risk of birth defects, and (ii) consumption of alcohol impairs\nyour ability to drive a car or operate machinery, and may cause health\nproblems; and\n (e) be sold, either alone or in conjunction with other confectionery\ncontaining no alcohol or less than one-half of one per centum by volume\nof alcohol derived solely from the use of flavoring extracts, in\nquantities of at least one-half pound or in a package or container\ncontaining at least twenty-four pieces.\n If the confectionery is sold in bulk to be packaged by the retailer at\nthe time of sale to a consumer, the statements required by paragraphs\n(b) and (c) of this subdivision shall appear on the box, bag or other\ncontainer in which the confectionery is placed by the retailer and\nfurnished to the consumer and the statement required by paragraph (d) of\nthis subdivision shall appear either on the box, bag or other container\nin which the confectionery is placed by the retailer and furnished to\nthe consumer or shall appear on a card enclosed within such box, bag or\nother container. In addition, the manufacturer and/or distributor of\nsuch confectionery in bulk shall provide written notice to the retailer\nwith each shipment (i) that the confectionery in the shipment may not be\nsold to individuals under twenty-one years of age; and (ii) that the\npackaging in which such confectionery is furnished to the consumer must\nbear the statements required by paragraphs (b) and (c) of this\nsubdivision; and (iii) that the statement required by paragraph (d) of\nthis subdivision must appear on the packaging in which such\nconfectionery is furnished to the consumer or on a card enclosed within\nsuch packaging; and (iv) that the confectionery must be sold in\nquantities of at least one-half pound or twenty-four pieces.\n 14. If it is ice cream or other frozen desserts made with liquor,\nwine, beer or cider bearing or containing more than five percent of\nalcohol by volume.\n 15. With respect to the manufacture and sale of ice cream or other\nfrozen desserts made with liquor, wine, beer or cider bearing or\ncontaining more than one-half of one percent, but not more than five\npercent of alcohol by volume:\n (a) No person shall sell at retail packages of ice cream or other\nfrozen desserts made with liquor, wine, beer or cider for consumption\noff the premises where sold unless:\n (i) each package is a sealed package, as received from the\nmanufacturer or distributor;\n (ii) each sealed package, as received from the manufacturer or\ndistributor, in a format to be established or approved by the\ncommissioner, prominently bears the following statements, provided that\nsuch statements may refer to either liquor, wine, beer or cider or a\ncombination thereof:\n (A) The sale of this product to individuals under the age of\ntwenty-one years is prohibited.\n (B) This product is made with (insert liquor, wine, beer and/or cider)\nand contains alcohol up to five percent by volume.\n (C) Notice. This product contains alcohol used as a flavoring and, as\nwith any product that contains alcohol:\n (1) women should not consume alcohol during pregnancy because of the\nrisk of birth defects, and\n (2) consumption of alcohol impairs your ability to drive a car or\noperate machinery, and may cause health problems.\n (iii) the following advisory, on a sign or poster not less than seven\ninches by five inches, in a format to be established or approved by the\ncommissioner, is displayed prominently at each location where packages\nof ice cream or other frozen desserts made with liquor, wine, beer or\ncider are made available to the public provided that such sign or poster\nmay refer to either liquor, wine, beer or cider or a combination\nthereof:\n "THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM\n OR OTHER FROZEN DESSERTS\n The sale of (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR\nOTHER FROZEN DESSERTS to individuals under the age of twenty-one years\nis prohibited.\n (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN\nDESSERTS contain alcohol up to five percent by volume.\n NOTICE: (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER\nFROZEN DESSERTS contain alcohol used as a flavoring and, as with any\nproduct that contains alcohol:\n (1) women should not consume alcohol during pregnancy because of the\nrisk of birth defects, and\n (2) consumption of alcohol impairs your ability to drive a car or\noperate machinery, and may cause health problems.\n IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF\nTWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE,\nFRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING\nTO PURCHASE (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER\nFROZEN DESSERTS."\n (b) No manufacturer and/or distributor of ice cream or other frozen\ndesserts made with liquor, wine, beer or cider shall sell such product:\n (i) to a person intending to sell at retail individual servings of ice\ncream or other frozen desserts made with liquor, wine, beer or cider,\nunless, with each shipment, such manufacturer and/or distributor\nprovides:\n (A) a written notice that individual servings of ice cream or other\nfrozen desserts made with liquor, wine, beer or cider may be sold at\nretail only where the retailer complies with all of the requirements set\nforth in paragraph (a) of this subdivision, and\n (B) a written copy of such requirements; and\n (ii) to a person intending to sell at retail packages of ice cream or\nother frozen desserts made with liquor, wine, beer or cider for\nconsumption off the premises, unless, with each shipment, such\nmanufacturer and/or distributor provides:\n (A) a written notice that packages of ice cream or other frozen\ndesserts made with liquor, wine, beer or cider may be sold at retail\nonly where the retailer complies with all of the requirements set forth\nin paragraph (a) of this subdivision, and\n (B) a written copy of such requirements.\n