§ 21-207. Adulterated food -- In general  


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  •    (a) Application of sections. -- In addition to any other ground that may be applicable under this title, a food is considered to be adulterated for purposes of this subtitle if the standards in this section or in § 21-208 or § 21-209 of this subtitle apply.

    (b) When food is adulterated. -- A food is adulterated if:

       (1) It contains any poisonous or otherwise deleterious substance that, in the quantity present, reasonably would be expected to make it injurious to health;

       (2) It contains any added poisonous or added deleterious substance:

          (i) That is not a food or color additive; and

          (ii) The particular use of which has not been found safe as provided under § 21-239 of this subtitle;

       (3) It is or contains any food additive or color additive the particular use of which has not been found safe as provided under § 21-239 of this subtitle;

       (4) Any part of it is a diseased, contaminated, filthy, putrid, or decomposed substance;

       (5) It was produced, prepared, packed, or held under unsanitary conditions that reasonably would be expected to have:

          (i) Contaminated it with filth; or

          (ii) Caused it to be diseased, unwholesome, or injurious to health;

       (6) Any part of its container is composed of any poisonous or otherwise deleterious substance that reasonably would be expected to have caused the food to be injurious to health;

       (7) It has been subjected intentionally to radiation, unless the use of the radiation conforms to that allowed by a rule or regulation under the federal act or under § 21-239 of this subtitle;

       (8) At any time after its manufacturing, processing, or packaging, it was refrozen after having been permitted to thaw from a prior freezing; or

       (9) It otherwise is unfit as food for human beings.


HISTORY: An. Code 1957, art. 43, § 188B; 1982, ch. 240, § 2; 1987, ch. 306, § 2, 15; 1988, ch. 6, § 11.