§ 202 — Unavoidable added poisonous or deleterious substances

§ 202. Unavoidable added poisonous or deleterious substances. Any\npoisonous or deleterious substance added to any food, except where such\nsubstance is required in the production thereof or cannot be avoided in\ngood manufacturing practice, shall be deemed to be unsafe for the\npurpose of the application of subdivision two of section two hundred;\nbut when such substance is so required or cannot be so avoided, the\ncommissioner shall promulgate regulations limiting the quantity therein\nor thereon to such extent as he finds necessary for protection of public\nhealth, and any quantity exceeding the limits so fixed shall also be\ndeemed to be unsafe for the purposes of the application of subdivision\ntwo of section two hundred. While such a regulation is in effect\nlimiting the quantity of any such substance in the case of any food,\nsuch food shall not, by reason of bearing or containing any added amount\nof such substance, be considered to be adulterated within the meaning of\nsubdivision one of section two hundred. In determining the quantity of\nsuch added substance to be tolerated in or on different articles of food\nthe commissioner shall take into account the extent to which the use of\nsuch substance is required or cannot be avoided in the production of\neach such article, and the other ways in which the consumer may be\naffected by the same or other poisonous or deleterious substances.\n