When food deemed adulterated
- • rules
A food shall be deemed to be adulterated:
(1)(a) 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 such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.
(b) If it bears or contains any added poisonous or added deleterious substance, other than a pesticide chemical in or on a raw agricultural commodity and other than a food additive or color additive, which is unsafe within the meaning of ORS 616.245 (Adding poisonous or deleterious substance), or it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of ORS 616.341 (Use of poisons, pesticides or food additives restricted) or if it is, bears or contains any food additive which is declared unsafe by the State Department of Agriculture under ORS 616.350 (Control of food additives). However, when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under ORS 616.341 (Use of poisons, pesticides or food additives restricted), and such raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding ORS 616.341 (Use of poisons, pesticides or food additives restricted) and this section are not unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat, is not greater than the tolerance prescribed for the raw agricultural commodity.
(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for food.
(d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health.
(e) If it is, in whole or in part, 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.
(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(2)(a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;
(b) If any substance has been substituted wholly or in part therefor;
(c) If damage or inferiority has been concealed in any manner; or
(d) If any substance has been added thereto or mixed or packed therewith 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)(a) If it is confectionery and has partially or completely imbedded therein any nonnutritive object. This paragraph does not apply in the case of any nonnutritive object if, in the judgment of the department, such object is of some practical functional value to the confectionery product and would not render the product injurious or hazardous to health.
(b) If it bears or contains any alcohol except alcohol not in excess of one-half of one percent by weight used solely as a flavoring.
(c) If it bears or contains any nonnutritive substance. This paragraph does not apply to a nonnutritive substance which is in or on confectionery if, in the judgment of the department, its use is of some practical functional value in the manufacture, packaging or storing of such confectionery and if the use of such substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.215 (Prohibited acts), 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity) to 616.256 (Labeling exemption for foods to be repackaged), 616.286 (Inspection and investigation powers of department), 616.295 (Reports and information issuable by department), 616.310 (Notice or warning of minor violations), 616.315 (Jurisdiction of courts), 616.325 (Consumer commodity labeling requirements), 616.330 (Alcoholic beverage exemption), 616.341 (Use of poisons, pesticides or food additives restricted), 616.350 (Control of food additives) to 616.366 (Rules for use of poisons, pesticides, food or color additives), 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty). The department, for the purpose of avoiding uncertainty in the application of this subsection, may promulgate rules allowing or prohibiting the use of particular nonnutritive objects or substances.
(d) If it bears or contains any color additive which is determined unsafe pursuant to ORS 616.350 (Control of food additives). [Amended by 1959 c.301 §1; 1961 c.637 §2; 1973 c.227 §6; 1983 c.304 §1]
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