§ 4-5-103 — Adulterated food specified.

(1) A food is adulterated:

(1)(a) if the food bears or contains a poisonous or deleterious substance in a quantity that may ordinarily render the food injurious to health;
(1)(b) if the food bears or contains an added poisonous or added deleterious substance that is unsafe within the meaning of Subsection 4-5-204(1);
(1)(c) except as provided in Subsection (3), if the food:
(1)(c)(i) is a raw agricultural commodity; and
(1)(c)(ii) bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec. 346a;
(1)(d) if the food is, bears, or contains a food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348;
(1)(e) if the food consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance;
(1)(f) if the food is otherwise unfit for food;
(1)(g) if the food has been produced, prepared, packed, or held under unsanitary conditions whereby the food may have:
(1)(g)(i) become contaminated with filth; or
(1)(g)(ii) been rendered diseased, unwholesome, or injurious to health;
(1)(h) if the food is, in whole or in part, the product of:
(1)(h)(i) a diseased animal;
(1)(h)(ii) an animal that has died other than by slaughter; or
(1)(h)(iii) an animal that has fed upon the uncooked offal from a slaughterhouse;
(1)(i) if the food's container is composed, in whole or in part, of a poisonous or deleterious substance that may render the contents injurious to health;
(1)(j) if the food is intentionally subjected to radiation, unless the use of the radiation was in conformity with a rule or exemption in effect pursuant to Section 4-5-204, or 21 U.S.C. Sec. 348;
(1)(k) if the food:
(1)(k)(i) is a meat or meat product; and
(1)(k)(ii) (1)(k)(ii)(A) is in a casing, package, or wrapper:
(1)(k)(ii)(A)(I) through which a part of the casing, package, or wrapper's contents can be seen; and
(1)(k)(ii)(A)(II) that is colored or has markings that are colored, so as to be misleading or deceptive with respect to the color, quality, or kind of food to which the color is applied; or
(1)(k)(ii)(B) contains or bears a color additive;
(1)(l) if the food is produce and is in violation of 21 C.F.R. Part 112;
(1)(m) if a valuable constituent is, in whole or in part, omitted or abstracted from a product and a substance is substituted wholly or in part;
(1)(n) if damage or inferiority is concealed;
(1)(o) if a substance is added, mixed, or packed with a product so as to:
(1)(o)(i) increase the product's bulk or weight;
(1)(o)(ii) reduce the product's quality or strength; or
(1)(o)(iii) make the product appear better or of greater value; or
(1)(p) if the food:
(1)(p)(i) is confectionery; and
(1)(p)(ii) (1)(p)(ii)(A) has partially or completely imbedded in the food a nonnutritive object, unless the department determines that the nonnutritive object:
(1)(p)(ii)(A)(I) is of practical functional value to the confectionery product; and
(1)(p)(ii)(A)(II) would not render the product injurious or hazardous to health;
(1)(p)(ii)(B) bears or contains alcohol, other than alcohol derived solely from the use of flavoring extracts, that does not exceed .05% by volume; or
(1)(p)(ii)(C) bears or contains a nonnutritive substance, unless:
(1)(p)(ii)(C)(I) the nonnutritive substance is a safe nonnutritive substance that is in or on the confectionery for a practical functional purpose in the manufacture, packaging, or storing of the confectionery; and
(1)(p)(ii)(C)(II) the use of the nonnutritive substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this chapter.
(2) The department may, for the purpose of avoiding or resolving uncertainty as to the application of Subsection (1)(p)(ii)(C), issue rules allowing or prohibiting the use of a particular nonnutritive substance.
(3) Notwithstanding Section 4-5-204, the residue of a pesticide chemical remaining in or on a processed food is not considered unsafe if:

(3)(a) the pesticide chemical is used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under 21 U.S.C. Sec. 346a;
(3)(b) the residue of the pesticide chemical in or on the raw agricultural commodity is removed to the extent possible in good manufacturing practice;
(3)(c) the raw agricultural commodity is subjected to processing such as canning, cooking, freezing, dehydrating, or milling; and
(3)(d) the concentration of the residue in the processed food when ready to eat is no greater than the tolerance prescribed for the raw agricultural commodity.

Legislative History

Amended by Chapter 311, 2020 General Session