Section 19-02.1-09 - Food - Adulteration definedA food must be deemed to be adulterated for any of the following reasons:
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 may not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health.2. If it bears or contains any added poisonous or added deleterious substance, other than one which is: a. A pesticide chemical in or on a raw agricultural commodity;c. A color additive which is unsafe within the meaning of subsection 1 of section 19-02.1-12.3. If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of subsection 1 of section 19-02.1-12.4. If it is or bears or contains, any food additive which is unsafe within the meaning of subsection 1 of section 19-02.1-12. Provided, that when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under subsection 1 of section 19-02.1-12, 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 may not, notwithstanding the provisions of section 19-02.1-12 and this subsection, 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.5. 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.6. 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.7. 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.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.9. If any valuable constituent has been in whole or in part omitted or abstracted therefrom.10. If any substance has been substituted wholly or in part therefor.11. If damage or inferiority has been concealed in any manner.12. 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.13. If it is confectionery and has partially or completely imbedded therein any non-nutritive object. This subsection does not apply in the case of any non-nutritive object if, in the judgment of the department as provided by rules, the object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health. This subsection does not apply to any confectionery, by reason of its containing less than one-half of one percent by volume of alcohol derived solely from the use of flavoring extracts. This subsection does not apply to a non-nutritive substance that is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this chapter. To avoid or resolve uncertainty as to the application of this subsection, the department may issue rules allowing or prohibiting use of particular non-nutritive substances.14. If it is or bears or contains any color additive which is unsafe within the meaning of subsection 1 of section 19-02.1-12.15. If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to federal law.