Section 146:3 - Adulterations, Foods For the purposes of this chapter an article of food shall be deemed to be adulterated:
I.(1) If 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 such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or(2) if it bears or contains any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity; a food additive; or a color additive, which is unsafe within the meaning of RSA 146:21; or if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of RSA 146:21 or if it is or it bears or contains any food additive which is unsafe within the meaning of RSA 146:21; provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under RSA 146:21, 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 shall, notwithstanding the provisions of RSA 146:21, not be deemed 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; or(3) 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; or(4) if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or(5) if 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(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or(7) if it is or bears or contains any color additive which is unsafe within the meaning of RSA 146:21.II.(1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or(2) if any substance has been substituted wholly or in part therefor; or(3) if damage or inferiority has been concealed in any manner; or(4) 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.III. If it falls below the standard of purity, quality, or strength which it purports or is represented to possess.IV. 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 4/10 of one percent, harmless natural wax not in excess of 4/10 of one percent, harmless natural gum, and pectin; provided that this paragraph shall not apply to any confectionery by reason of its containing less than 1/2 of one percent by volume of alcohol derived solely from use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances.VI. Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of RSA 146:3, I(2); but when such substance is so required or cannot be so avoided, the commissioner shall promulgate regulations limiting the quantity therein or thereon to such extent as the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of application of RSA 146:3, I(2). While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of RSA 146:3, I(1). In determining the quantity of such added substance to be tolerated in or on different articles of food, the commissioner shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.1907, 48:3. PL 139 :3. 1929, 45:3, 4, 5. RL 164:3. 1943, 60:1. 1947, 61:2. RSA 146:3. 1963, 193:3, 9. 1969, 164:3. 1995, 310:183, eff. Nov. 1, 1995.