(1) a. If it bears or contains anypoisonous or deleterious substance which may render it injurious to health; butin case the substance is not an added substance such food shall not beconsidered adulterated under this paragraph if the quantity of such substancein such food does not ordinarily render it injurious to health; or
b. 1. If it bears or contains anyadded poisonous or added deleterious substance, other than one which is
I. A pesticide chemical in or on a raw agricultural commodity;
II. A food additive; or
III. A color additive, which is unsafe within the meaning of G.S.106‑132; or
2. If it is a raw agricultural commodity and it bears orcontains a pesticide chemical which is unsafe within the meaning of G.S. 106‑132;or
3. If it is or it bears or contains any food additive which isunsafe within the meaning of G.S. 106‑132;
provided, that where a pesticide chemical has beenused in or on a raw agricultural commodity in conformity with an exemptiongranted or tolerance prescribed under G.S. 106‑132 of this Article, andsuch raw agricultural commodity has been subjected to processing such ascanning, cooking, freezing, dehydrating, or milling, the residue of such pesticidechemical remaining in or on such processed food shall, notwithstanding theprovisions of G.S. 106‑132 and clause 3 of this section, not be deemedunsafe if such residue in or on the raw agricultural commodity has been removedto the extent possible in good manufacturing practice, and the concentration ofsuch residue in the processed food when ready‑to‑eat, is notgreater than the tolerance prescribed for the raw agricultural commodity; or
c. 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;or
d. If it has been produced, prepared, packed or held underinsanitary conditions whereby it may have become contaminated with filth, orwhereby it may have been rendered diseased, unwholesome or injurious to health;or
e. If it is the product of a diseased animal or an animal whichhas died otherwise than by slaughter, or that has been fed upon the uncookedoffal from a slaughterhouse; or
f. If its container is composed, in whole or in part, of anypoisonous or deleterious substance which may render the contents injurious tohealth;
g. If it has been intentionally subjected to radiation, unlessthe use of the radiation was in conformity with a regulation or exemption ineffect pursuant to G.S. 106‑132 of this Article; or
h. If a retail or wholesale establishment has added sulfitingagents, including sulfur dioxide, sodium sulfite, sodium or potassiumbisulfite, and sodium or potassium metabisulfite, separately or in combination,to fresh fruits and fresh vegetables intended for retail sale as fresh foodproducts.
(2) a. If any valuable constituent hasbeen in whole or in part omitted or abstracted therefrom; or
b. If any substance has been substituted wholly or in part therefor;or
c. If damage or inferiority has been concealed in any manner;or
d. If any substance has been added thereto or mixed or packedtherewith so as to increase its bulk or weight, or reduce its quality orstrength or make it appear better or of greater value than it is.
(3) If it is confectionery, and:
a. Has partially or completely imbedded therein anynonnutritive object: Provided, that this clause shall not apply in the case ofany nonnutritive object if, in the judgment of the Board of Agriculture asprovided by regulations, such object is of practical functional value to theconfectionery product and would not render the product injurious or hazardousto health; or
b. Bears or contains any alcohol other than alcohol not inexcess of one half of one per centum (0.5%) by volume derived solely from theuse of flavoring extracts; or
c. Bears or contains any nonnutritive substance: Provided, thatthis clause shall not apply to a safe nonnutritive substance which is in or onconfectionery by reason of its use for some practical functional purpose in themanufacture, packaging, or storing of such confectionery if the use of thesubstance does not promote deception of the consumer or otherwise result inadulteration or misbranding in violation of any provision of this Article; andprovided further, that the Board may, for the purpose of avoiding or resolvinguncertainty as to the application of this clause, issue regulations allowing orprohibiting the use of particular nonnutritive substances.
(4) If it is or bears or contains any color additive which isunsafe within the meaning of G.S. 106‑132. (1939, c. 320, s. 10; 1975, c. 614, ss. 13‑16;1985, c. 399.)
(1) a. If it bears or contains anypoisonous or deleterious substance which may render it injurious to health; butin case the substance is not an added substance such food shall not beconsidered adulterated under this paragraph if the quantity of such substancein such food does not ordinarily render it injurious to health; or
b. 1. If it bears or contains anyadded poisonous or added deleterious substance, other than one which is
I. A pesticide chemical in or on a raw agricultural commodity;
II. A food additive; or
III. A color additive, which is unsafe within the meaning of G.S.106‑132; or
2. If it is a raw agricultural commodity and it bears orcontains a pesticide chemical which is unsafe within the meaning of G.S. 106‑132;or
3. If it is or it bears or contains any food additive which isunsafe within the meaning of G.S. 106‑132;
provided, that where a pesticide chemical has beenused in or on a raw agricultural commodity in conformity with an exemptiongranted or tolerance prescribed under G.S. 106‑132 of this Article, andsuch raw agricultural commodity has been subjected to processing such ascanning, cooking, freezing, dehydrating, or milling, the residue of such pesticidechemical remaining in or on such processed food shall, notwithstanding theprovisions of G.S. 106‑132 and clause 3 of this section, not be deemedunsafe if such residue in or on the raw agricultural commodity has been removedto the extent possible in good manufacturing practice, and the concentration ofsuch residue in the processed food when ready‑to‑eat, is notgreater than the tolerance prescribed for the raw agricultural commodity; or
c. 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;or
d. If it has been produced, prepared, packed or held underinsanitary conditions whereby it may have become contaminated with filth, orwhereby it may have been rendered diseased, unwholesome or injurious to health;or
e. If it is the product of a diseased animal or an animal whichhas died otherwise than by slaughter, or that has been fed upon the uncookedoffal from a slaughterhouse; or
f. If its container is composed, in whole or in part, of anypoisonous or deleterious substance which may render the contents injurious tohealth;
g. If it has been intentionally subjected to radiation, unlessthe use of the radiation was in conformity with a regulation or exemption ineffect pursuant to G.S. 106‑132 of this Article; or
h. If a retail or wholesale establishment has added sulfitingagents, including sulfur dioxide, sodium sulfite, sodium or potassiumbisulfite, and sodium or potassium metabisulfite, separately or in combination,to fresh fruits and fresh vegetables intended for retail sale as fresh foodproducts.
(2) a. If any valuable constituent hasbeen in whole or in part omitted or abstracted therefrom; or
b. If any substance has been substituted wholly or in part therefor;or
c. If damage or inferiority has been concealed in any manner;or
d. If any substance has been added thereto or mixed or packedtherewith so as to increase its bulk or weight, or reduce its quality orstrength or make it appear better or of greater value than it is.
(3) If it is confectionery, and:
a. Has partially or completely imbedded therein anynonnutritive object: Provided, that this clause shall not apply in the case ofany nonnutritive object if, in the judgment of the Board of Agriculture asprovided by regulations, such object is of practical functional value to theconfectionery product and would not render the product injurious or hazardousto health; or
b. Bears or contains any alcohol other than alcohol not inexcess of one half of one per centum (0.5%) by volume derived solely from theuse of flavoring extracts; or
c. Bears or contains any nonnutritive substance: Provided, thatthis clause shall not apply to a safe nonnutritive substance which is in or onconfectionery by reason of its use for some practical functional purpose in themanufacture, packaging, or storing of such confectionery if the use of thesubstance does not promote deception of the consumer or otherwise result inadulteration or misbranding in violation of any provision of this Article; andprovided further, that the Board may, for the purpose of avoiding or resolvinguncertainty as to the application of this clause, issue regulations allowing orprohibiting the use of particular nonnutritive substances.
(4) If it is or bears or contains any color additive which isunsafe within the meaning of G.S. 106‑132. (1939, c. 320, s. 10; 1975, c. 614, ss. 13‑16;1985, c. 399.)
(1) a. If it bears or contains anypoisonous or deleterious substance which may render it injurious to health; butin case the substance is not an added substance such food shall not beconsidered adulterated under this paragraph if the quantity of such substancein such food does not ordinarily render it injurious to health; or
b. 1. If it bears or contains anyadded poisonous or added deleterious substance, other than one which is
I. A pesticide chemical in or on a raw agricultural commodity;
II. A food additive; or
III. A color additive, which is unsafe within the meaning of G.S.106‑132; or
2. If it is a raw agricultural commodity and it bears orcontains a pesticide chemical which is unsafe within the meaning of G.S. 106‑132;or
3. If it is or it bears or contains any food additive which isunsafe within the meaning of G.S. 106‑132;
provided, that where a pesticide chemical has beenused in or on a raw agricultural commodity in conformity with an exemptiongranted or tolerance prescribed under G.S. 106‑132 of this Article, andsuch raw agricultural commodity has been subjected to processing such ascanning, cooking, freezing, dehydrating, or milling, the residue of such pesticidechemical remaining in or on such processed food shall, notwithstanding theprovisions of G.S. 106‑132 and clause 3 of this section, not be deemedunsafe if such residue in or on the raw agricultural commodity has been removedto the extent possible in good manufacturing practice, and the concentration ofsuch residue in the processed food when ready‑to‑eat, is notgreater than the tolerance prescribed for the raw agricultural commodity; or
c. 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;or
d. If it has been produced, prepared, packed or held underinsanitary conditions whereby it may have become contaminated with filth, orwhereby it may have been rendered diseased, unwholesome or injurious to health;or
e. If it is the product of a diseased animal or an animal whichhas died otherwise than by slaughter, or that has been fed upon the uncookedoffal from a slaughterhouse; or
f. If its container is composed, in whole or in part, of anypoisonous or deleterious substance which may render the contents injurious tohealth;
g. If it has been intentionally subjected to radiation, unlessthe use of the radiation was in conformity with a regulation or exemption ineffect pursuant to G.S. 106‑132 of this Article; or
h. If a retail or wholesale establishment has added sulfitingagents, including sulfur dioxide, sodium sulfite, sodium or potassiumbisulfite, and sodium or potassium metabisulfite, separately or in combination,to fresh fruits and fresh vegetables intended for retail sale as fresh foodproducts.
(2) a. If any valuable constituent hasbeen in whole or in part omitted or abstracted therefrom; or
b. If any substance has been substituted wholly or in part therefor;or
c. If damage or inferiority has been concealed in any manner;or
d. If any substance has been added thereto or mixed or packedtherewith so as to increase its bulk or weight, or reduce its quality orstrength or make it appear better or of greater value than it is.
(3) If it is confectionery, and:
a. Has partially or completely imbedded therein anynonnutritive object: Provided, that this clause shall not apply in the case ofany nonnutritive object if, in the judgment of the Board of Agriculture asprovided by regulations, such object is of practical functional value to theconfectionery product and would not render the product injurious or hazardousto health; or
b. Bears or contains any alcohol other than alcohol not inexcess of one half of one per centum (0.5%) by volume derived solely from theuse of flavoring extracts; or
c. Bears or contains any nonnutritive substance: Provided, thatthis clause shall not apply to a safe nonnutritive substance which is in or onconfectionery by reason of its use for some practical functional purpose in themanufacture, packaging, or storing of such confectionery if the use of thesubstance does not promote deception of the consumer or otherwise result inadulteration or misbranding in violation of any provision of this Article; andprovided further, that the Board may, for the purpose of avoiding or resolvinguncertainty as to the application of this clause, issue regulations allowing orprohibiting the use of particular nonnutritive substances.
(4) If it is or bears or contains any color additive which isunsafe within the meaning of G.S. 106‑132. (1939, c. 320, s. 10; 1975, c. 614, ss. 13‑16;1985, c. 399.)
