Section 8. Adulteration of food.
A food shall be deemed adulterated:
(1) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health. However,
if the substance is not an added substance, the food shall
not be considered adulterated under this section if the
quantity of the substance in the food does not ordinarily
render it injurious to health.
(2) If it bears or contains any added poisonous or added
deleterious substance which is unsafe within the meaning of
section 11. This paragraph does not apply to a pesticide
chemical in or on a raw agricultural commodity, a food
additive or a color additive.
(3) If it is a raw agricultural commodity and bears or
contains a pesticide chemical which is unsafe within the
meaning of section 11, except that, where a pesticide
chemical has been used in or on a raw agricultural commodity
with an exemption granted or tolerance prescribed under
section 11 or under any of the Federal acts and the raw
agricultural commodity has been subjected to processing such
as canning, cooking, freezing, dehydrating or milling, the
residue of the pesticide remaining in or on the processed
food shall, notwithstanding the provisions of section 11 and
this paragraph, not be deemed unsafe if the residue in or on
the raw agricultural commodity has been removed to the extent
possible in good manufacturing practice and the concentration
of the residue in the processed food when ready to eat is not
greater than the tolerance prescribed for the raw
agricultural commodity.
(4) If it bears or contains any food additive which is
unsafe within the meaning of section 11 or under any of the
Federal acts.
(5) If it consists in whole or in part of any diseased,
contaminated, filthy, putrid or decomposed substance or is
otherwise unfit for food.
(6) If it has been produced, prepared, packed or held
under unsanitary conditions so that it may have become
contaminated with filth or may have been rendered diseased,
unwholesome or injurious to health.
(7) If it is, in whole or in part, the product of a
diseased animal or of an animal which has died otherwise than
by slaughter.
(8) If its container is composed, in whole or in part,
of any poisonous or deleterious substance which may render
the contents injurious to health, unless the container is
fabricated or manufactured with good manufacturing practice
as that standard is defined and delineated by any of the
Federal acts and their regulations.
(9) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a
regulation or exemption in effect under section 11 or under
one of the Federal acts.
(10) If:
(i) any valuable constituent has been, in whole or
in part, omitted or abstracted therefrom;
(ii) any substance has been substituted wholly or in
part;
(iii) damage or inferiority has been concealed in
any manner; or
(iv) any substance has been added thereto or mixed
or packed 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.
(11) If it bears or contains any color additive which is
unsafe within the meaning of section 11 or under one of the
Federal acts.
(12) If it bears or contains eggs processed by or egg
products derived from a manufacturing, processing or
preparing method wherein whole eggs are broken using a
centrifuge-type egg breaking machine that separates the egg's
liquid interior from the shell.
(8 amended May 22, 1996, P.L.298, No.45)