§ 21-31-10. Adulterated food.
A food shall be deemed to be adulterated:
(1) If:
(i)it bears or contains any poisonous or deleterious substance which may render
it injurious to health; but in case the substance is not an added substance the food
shall not be considered adulterated under this clause if the quantity of that substance
in the food does not ordinarily render it injurious to health;
(ii)it bears or contains
any added poisonous or added deleterious substance which is unsafe within the meaning
of § 21-31-13;
(iii)it consists in whole or in part of a diseased, contaminated, filthy, putrid,
or decompos
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§ 21-31-10. Adulterated food.
A food shall be deemed to be adulterated:
(1) If: (i) it bears or contains any poisonous or deleterious substance which may render
it injurious to health; but in case the substance is not an added substance the food
shall not be considered adulterated under this clause if the quantity of that substance
in the food does not ordinarily render it injurious to health; (ii) it bears or contains
any added poisonous or added deleterious substance which is unsafe within the meaning
of § 21-31-13; (iii) it consists in whole or in part of a diseased, contaminated, filthy, putrid,
or decomposed substance, or if it is unfit for food; (iv) it has been produced, prepared,
packed, or held under unsanitary conditions by which it may have become contaminated
with filth, or by which it may have been rendered diseased, unwholesome, or injurious
to health; (v) 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;
or (vi) its container is composed, in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health.
(2) If: (i) any valuable constituent has been in whole or in part omitted or abstracted
from it; (ii) any substance has been substituted wholly or in part for it; (iii) damage
or inferiority has been concealed in any manner; or (iv) any substance has been added
to it or mixed or packed with it 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.
(3) If it is confectionery and it bears or contains any alcohol or non-nutritive article
or substance except harmless coloring, harmless flavoring, harmless resinous glaze
not in excess of four-tenths of one percent (0.4%), harmless natural wax not in excess
of four-tenths of one percent (0.4%), harmless natural gum, or pectin; provided, that
this subdivision shall not apply to any confectionery by reason of its containing
less than one-half of one percent (.5%) by volume of alcohol derived solely from the
use of flavoring extracts, or to any chewing gum by reason of its containing harmless
non-nutritive masticatory substances.
(4) If it bears or contains a coal-tar color other than one from a batch which has been
certified under authority of the Federal Act.