(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;

(2) (A) if it bears or contains any added 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 Section 14(a); or
(B) if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of the Federal Act; or

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(C) if it is or it bears or contains any food additive which is unsafe within the meaning of the Federal Act provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed by the Federal Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the
provisions of ‘40113 and clause (C) of this Paragraph not be deemed
unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat is not greater than the tolerance prescribed for the raw agricultural commodity;
(3) If it consists in wholly or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for food;
(4) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome or injurious to health;
(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 of an animal that has been fed upon the uncooked offal from a slaughterhouse;
(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;

(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 ‘40113 of this Act or ‘409 of the Federal Act;

(8) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;
(9) If any substance has been substituted wholly or in part therefor; (10) If damage or inferiority has been concealed in any manner;
(11) If any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight, or reduce its quality of strength or make it appear better or of greater value than it is;

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(12) If it is confectionery, and (i) has partially or completely imbedded therein any non-nutritive object; provided, that this clause shall not apply in the case of any non-nutritive objective if in the judgment of the Director 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; (ii) bears or contains any alcohol other than alcohol not in excess of one-half of the one percent (1/2 of 1%) by volume derived solely from the use of flavoring extracts; or (iii) bears or contains any non- nutritive substance; provided, that this clause shall apply to a safe non- nutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging or storing 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 Act; and provided further, that the Director may, for the purpose of avoiding or resolving uncertainty as to the application of this clause, issue regulations allowing or prohibiting the use of particular non-nutritive substances.

(13) If it is or bears or contains any color additive which is unsafe within the meaning of the Federal Act; or
(14) If the product has a pull date on the packaging which has expired.

SOURCE: GC § 9720.8.

NOTE: Subsection (2)(A)(iii) appears here as in the original P.L. 13-143. See Note to
‘40115.