97.02

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97.02 Standards; adulterated food. A food is adulterated:

97.02(1)

(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 paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.

97.02(2)

(2) If it bears or contains any added poisonous or added deleterious substance, other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive, which is unsafe within the meaning of the federal act or any deleterious substance not a necessary ingredient in its manufacture.

97.02(3)

(3) 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.

97.02(4)

(4) If it is or it bears or contains any food additive which is unsafe within the meaning of the federal act, but where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under the federal act and the raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of the pesticide chemical remaining in or on the processed food shall, notwithstanding other provisions in this section, not be deemed unsafe if the residue in the processed food when ready-to-eat is not greater than the tolerance prescribed for the raw agricultural commodity.

97.02(5)

(5) If it is or bears or contains any color additive which is unsafe within the meaning of the federal act or other provisions in this section.

97.02(6)

(6) 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.

97.02(7)

(7) 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.

97.02(8)

(8) If it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.

97.02(9)

(9) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

97.02(10)

(10) If any valuable constituent has been in whole or in part omitted or abstracted therefrom.

97.02(11)

(11) If any substance has been substituted wholly or in part therefor.

97.02(12)

(12) If damage or inferiority has been concealed in any manner.

97.02(13)

(13) 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.

97.02(14)

(14) If it is confectionary, and

97.02(14)(a)

(a) Has partially or completely imbedded therein any nonnutritive object: provided, that this paragraph shall not apply in the case of any nonnutritive object if, in the judgment of the department as provided by regulations, such object is of practical functional value to the confectionary product and would not render the product injurious or hazardous to health;

97.02(14)(b)

(b) Bears or contains any alcohol in excess of one-half of one percent by volume derived solely from the use of flavoring extracts; or

97.02(14)(c)

(c) Bears or contains any nonnutritive substance; but this paragraph shall not apply to a safe nonnutritive substance which is in or on confectionary by reason of its use for some practical functional purpose in the manufacture, packaging, or storing of the confectionary if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this chapter. The department may, for the purpose of avoiding or resolving uncertainty as to the application of this paragraph, promulgate rules allowing or prohibiting the use of particular nonnutritive substances.