New Hampshire Revised Statutes 146:21 – Additives
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I. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of N.H. Rev. Stat. § 146:3, I with respect to any food, or N.H. Rev. Stat. § 146:4, I with respect to any drug or device, or N.H. Rev. Stat. § 146:7, I with respect to any cosmetic, unless there is in effect either (1) a regulation issued pursuant to the federal act permitting such use, or (2) a regulation issued pursuant to paragraph II of this section limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such regulation. While either such regulation relating to such substance is in effect, a food, drug or cosmetic shall not, by reason of bearing or containing such substance in accordance with the regulation, be considered adulterated within the meaning of paragraphs I of N.H. Rev. Stat. § 146:3, 4, 7.
II. On and after July 1, 1963, the regulations promulgated under the federal act, prescribing therein tolerances and exemptions from tolerances or conditions of use for any of the foregoing substances are hereby adopted as the regulations applicable to this chapter. Provided, that whenever public health or other considerations in the state so require, the commissioner of health and human services is authorized to adopt, amend, or repeal regulations whether or not in accordance with regulations promulgated under the federal act prescribing therein tolerances and exemptions from tolerances or conditions of use for such substances.
II. On and after July 1, 1963, the regulations promulgated under the federal act, prescribing therein tolerances and exemptions from tolerances or conditions of use for any of the foregoing substances are hereby adopted as the regulations applicable to this chapter. Provided, that whenever public health or other considerations in the state so require, the commissioner of health and human services is authorized to adopt, amend, or repeal regulations whether or not in accordance with regulations promulgated under the federal act prescribing therein tolerances and exemptions from tolerances or conditions of use for such substances.
Terms Used In New Hampshire Revised Statutes 146:21
- color: includes black, white and intermediate grays. See New Hampshire Revised Statutes 146:2
- commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 146:2
- cosmetic: means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleaning, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap. See New Hampshire Revised Statutes 146:2
- drug: means (1) articles recognized in the official United States Pharmacopoeia, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any articles specified in clause (1), (2) or (3); but does not include devices or their components, parts, or accessories. See New Hampshire Revised Statutes 146:2
- federal act: means the Federal Food, Drug and Cosmetic Act (Title 21 U. See New Hampshire Revised Statutes 146:2
- food: means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. See New Hampshire Revised Statutes 146:2
- pesticide chemical: means any substance which, alone, in chemical combination, or in formulation with one or more other substances is an economic poison within the meaning of N. See New Hampshire Revised Statutes 146:2
- raw agricultural commodity: means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing. See New Hampshire Revised Statutes 146:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4