New York Agriculture and Markets Code § 200

Adulteration of food
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§ 200. Adulteration of food. Food shall be deemed to be adulterated:\n1.  If it bears or contains any poisonous or deleterious substance which\nmay render it injurious to health; but in case the substance is not an\nadded substance such food shall not be considered adulterated under this\nsubdivision if the quantity of such substance in such food does not\nordinarily render it injurious to health.\n  2. If it bears or contains any added poisonous or added deleterious\nsubstance other than one which is (a) a pesticide chemical in or on a\nraw agricultural commodity, (b) a food additive, or (c) a color\nadditive, which is unsafe within the meaning of section two hundred two,\nor if it is a raw agricultural commodity and it bears or contains a\npesticide chemical which is unsafe within the meaning of section four\nhundred eight-a of the federal food, drug and cosmetic act, as amended,\nor if it is, or it bears or contains, any food additive which is unsafe\nwithin the meaning of section four hundred nine of such federal act, as\namended; provided, that where a pesticide chemical has been used in or\non a raw agricultural commodity in conformity with an exemption granted\nor a tolerance prescribed under section four hundred eight of such\nfederal act, and such raw agricultural commodity has been subjected to\nprocessing such as canning, cooking, freezing, dehydrating or milling,\nthe residue of such pesticide chemical remaining in or on such processed\nfood shall not be deemed unsafe if such residue in or on the raw\nagricultural commodity has been removed to the extent possible in good\nmanufacturing practice, and the concentration of such residue in the\nprocessed food, when ready to eat, is not greater than the tolerance\nprescribed for the raw agricultural commodity.\n  3. If it consists in whole or in part of a diseased, contaminated,\nfilthy, putrid or decomposed substance, or if it is otherwise unfit for\nfood.\n  4. If it has been produced, prepared, packed or held under insanitary\nconditions whereby it may have become contaminated with filth, or\nwhereby it may have been rendered diseased, unwholesome or injurious to\nhealth.\n  5. If it is the product of a diseased animal or of an animal which has\ndied otherwise than by slaughter, or that has been fed upon the uncooked\noffal from a slaughterhouse.\n  6. If its container is composed in whole or in part of any poisonous\nor deleterious substance which may render the contents injurious to\nhealth.\n  6-a. If it has been intentionally subjected to radiation, unless the\nuse of the radiation was in conformity with a regulation or exemption in\neffect pursuant to sections one hundred ninety-nine-a or one hundred\nninety-nine-b.\n  7. If any valuable constituent has been in whole or in part omitted or\nabstracted therefrom.\n  8. If any substance has been substituted wholly or in part therefor.\n  9. If damage or inferiority has been concealed in any manner.\n  10. If any substance has been added thereto or mixed or packed\ntherewith so as to increase its bulk or weight, or reduce its quality or\nstrength or make it appear better than it is or of greater value than\nits true value.\n  10-a. If it is, or it bears or contains, a color additive which is\nunsafe within the meaning of section seven hundred six-a of the federal\nfood, drug and cosmetic act, as amended.\n  11. If it falls below the standard of purity, quality or strength\nwhich it purports or is represented to possess.\n  12. If it is confectionery and it bears or contains any alcohol or\nnon-nutritive article or substance except harmless coloring, harmless\nflavoring, harmless resinous glaze not in excess of four-tenths of one\nper centum, harmless natural gum, and pectin; provided that this\nsubdivision shall not apply to any confectionery by reason of its\ncontaining up to one-half of one per centum by volume of alcohol derived\nsolely from the use of flavoring extracts, or to any chewing gum by\nreason of its c

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