§ 21-209. Adulterated food -- Confectionary products

   (a) In general. -- In addition to any other ground that may be applicable under § 21-207 or § 21-208 of this subtitle, a confectionary food product is adulterated if:

   (1) It contains any nonnutritive object, except as permitted by the rules and regulations adopted under subsection (b) (1) of this section;

   (2) It contains any nonnutritive substance other than a safe substance:

      (i) That is in or on the confectionery because of some practical functional purpose in the manufacture, packaging, or storing of the confectionery; and

      (ii) The use of which does not promote deception of the consumer or otherwise result in any adulteration or misbranding in violation of this subtitle; or

   (3) It contains any alcohol:

      (i) In excess of 5 percent by volume; or

      (ii) Derived from anything but flavoring extracts.

(b) Exceptions; rules and regulations. --

   (1) If, in the judgment of the Secretary, a nonnutritive object is of practical, functional value to a confectionary food product and its use is not injurious or hazardous to health, the Secretary may adopt a rule or regulation that permits an exception to subsection (a) (1) of this section, regarding nonnutritive objects.

   (2) To avoid or resolve uncertainty, the Secretary may by rule or regulation:

      (i) Interpret subsection (a) (2) of this section as that subsection applies to use of a particular nonnutritive substance; and

      (ii) Allow or prohibit the use of the particular nonnutritive substance.

(c) Regulations regarding alcohol content. -- A confectionery that is manufactured or sold that contains between one-half of one percent and 5 percent of alcohol per volume:

   (1) May not be sold to individuals under 21 years of age;

   (2) Shall state on the label that the sale of the product to individuals under 21 years of age is prohibited; and

   (3) Shall state on the label that the product contains alcohol up to 5 percent per volume.

HISTORY: An. Code 1957, art. 43, § 188B; 1982, ch. 240, § 2; 1983, ch. 583, § 2; 1987, ch. 306, § 2, 15; 1988, ch. 6, § 11; 2001, ch. 704; 2009, ch. 60, § 5.