Fresh-cut 21 USC 342 Attachment B

Attachment B

Section 402 of the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 342)

Sec. 342. Adulterated food

A food shall be deemed to be adulterated--

(a) Poisonous, insanitary, etc., ingredients

(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.\1\ (2)(A) if it bears or

contains any added poisonous or added deleterious substance (other than

a substance that is a pesticide chemical residue in or on a raw

agricultural commodity or processed food, a food additive, a color

additive, or a new animal drug) that is unsafe within the meaning of

section 346 of this title; or (B) if it bears or contains a pesticide

chemical residue that is unsafe within the meaning of section 346a(a) of

this title; or (C) if it is or if it bears or contains (i) any food

additive that is unsafe within the meaning of section 348 of this title;

or (ii) a new animal drug (or conversion product thereof) that is unsafe

within the meaning of section 360b of this title; or (3) if it consists

in whole or in part of any filthy, putrid, or decomposed substance, or

if it is otherwise unfit for food; or (4) if it has been prepared,

packed, or held under insanitary conditions whereby it may have become

contaminated with filth, or whereby it may have been rendered injurious

to health; or (5) if it is, in whole or in part, the product of a

diseased animal or of an animal which has died otherwise than by

slaughter; 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 has been intentionally subjected to

radiation, unless the use of the radiation was in conformity with a

regulation or exemption in effect pursuant to section 348 of this title.

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\1\ So in original. The period probably should be ``; or''.

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(b) Absence, substitution, or addition of constituents

(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.

(c) Color additives

If it is, or it bears or contains, a color additive which is unsafe

within the meaning of section 379e(a) of this title.

(d) Confectionery containing alcohol or nonnutritive substance

If it is confectionery, and--

(1) has partially or completely imbedded therein any

nonnutritive object, except that this subparagraph shall not apply

in the case of any nonnutritive object if, in the judgment of the

Secretary as provided by regulations, such object is of practical

functional value to the confectionery product and would not render

the product injurious or hazardous to health;

(2) bears or contains any alcohol other than alcohol not in

excess of one-half of 1 per centum by volume derived solely from the

use of flavoring extracts, except that this clause shall not apply

to confectionery which is introduced or delivered for introduction

into, or received or held for sale in, interstate commerce if the

sale of such confectionery is permitted under the laws of the State

in which such confectionery is intended to be offered for sale;

(3) bears or contains any nonnutritive substance, except that

this subparagraph shall not apply to a safe nonnutritive substance

which 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, except that the Secretary may, for the purpose of avoiding

or resolving uncertainty as to the application of this subparagraph,

issue regulations allowing or prohibiting the use of particular

nonnutritive substances.

(e) Oleomargarine containing filthy, putrid, etc., matter

If it is oleomargarine or margarine or butter and any of the raw

material used therein consisted in whole or in part of any filthy,

putrid, or decomposed substance, or such oleomargarine or margarine or

butter is otherwise unfit for food.

(f) Dietary supplement or ingredient: safety

(1) If it is a dietary supplement or contains a dietary ingredient

that--

(A) presents a significant or unreasonable risk of illness or

injury under--

(i) conditions of use recommended or suggested in labeling,

or

(ii) if no conditions of use are suggested or recommended in

the labeling, under ordinary conditions of use;

(B) is a new dietary ingredient for which there is inadequate

information to provide reasonable assurance that such ingredient

does not present a significant or unreasonable risk of illness or

injury;

(C) the Secretary declares to pose an imminent hazard to public

health or safety, except that the authority to make such declaration

shall not be delegated and the Secretary shall promptly after such a

declaration initiate a proceeding in accordance with sections 554

and 556 of title 5 to affirm or withdraw the declaration; or

(D) is or contains a dietary ingredient that renders it

adulterated under paragraph (a)(1) under the conditions of use

recommended or suggested in the labeling of such dietary supplement.

In any proceeding under this subparagraph, the United States shall bear

the burden of proof on each element to show that a dietary supplement is

adulterated. The court shall decide any issue under this paragraph on a

de novo basis.

(2) Before the Secretary may report to a United States attorney a

violation of paragraph \2\ (1)(A) for a civil proceeding, the person

against whom such proceeding would be initiated shall be given

appropriate notice and the opportunity to present views, orally and in

writing, at least 10 days before such notice, with regard to such

proceeding.

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\2\ So in original. Probably should be ``subparagraph''.

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(g) Dietary supplement: manufacturing practices

(1) If it is a dietary supplement and it has been prepared, packed,

or held under conditions that do not meet current good manufacturing

practice regulations, including regulations requiring, when necessary,

expiration date labeling, issued by the Secretary under subparagraph

(2).

(2) The Secretary may by regulation prescribe good manufacturing

practices for dietary supplements. Such regulations shall be modeled

after current good manufacturing practice regulations for food and may

not impose standards for which there is no current and generally

available analytical methodology. No standard of current good

manufacturing practice may be imposed unless such standard is included

in a regulation promulgated after notice and opportunity for comment in

accordance with chapter 5 of title 5.

(h) Reoffer of food previously denied admission

If it is an article of food imported or offered for import into the

United States and the article of food has previously been refused

admission under section 381(a) of this title, unless the person

reoffering the article affirmatively establishes, at the expense of the

owner or consignee of the article, that the article complies with the

applicable requirements of this chapter, as determined by the Secretary.