Adulteration of food

Act 70 of 1994, § 8, under FOOD ACT.

Act 70 of 1994, § 8

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)