223 



ing of any standard of quality for any canned fruit 

 or canned vegetable, consideration shall be given 

 and due allowance made for the differing character- 

 istics of the several varieties of such fruit or vege- 

 table. In prescribing a definition and standard of 

 identity for any food or class of food in which 

 optional ingredients are permitted, the Secretary 

 shall, for the purpose of promoting honesty and fair 

 dealing in the interest of consumers, designate the 

 optional ingredients which shall be named on the 

 label. Any definition and standard of identity pre- 

 scribed by the Secretary for avocadoes. cantaloupes, 

 citrus fruits, or melons shall relate only to maturity 

 and to the effects of freezing. (June 25. 1938. ch. 

 675, §401, 52 Stat. 1046: 1940 Reorg. Plan No IV. 

 § 12. eff. June 30. 1940. 5 F. R. 2422. 54 Stat. 1237: 

 1953 Reorg. Plan No. 1. § 5. eff. Apr. 11, 1953. 18 P. R. 

 2053. 67 Stat. 631: Apr. 15. 1954. ch. 143. § 1. 68 Stat. 

 54: Aug. 1. 1956. ch. 861. § 1. 70 Stat. 919.) 

 Amendments 

 1956 — Act Aug. 1. 1956. designated provisions constitut- 

 ing subsec (a) as entire section and repealed subsec (b). 

 which provided the procedure for establishment of regu- 

 lations and Is now covered by section 371 (e) of this title. 



§ 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 dele- 

 terious substance which may render it injurious to 

 health: but in case the substance is not an added 

 substance such food shall not be considered adul- 

 terated under this clause if the quantity of such sub- 

 stance in such food does not ordinarily render It 

 injurious to health: or <2i <Ai if it bears or contains 

 any added poisonous or added deleterious substance 

 (other than one which is (it a pesticide chemical in 

 or on a raw agricultural commodity; (ii) a food 

 additive: (iiii a color additive: or livi a new animal 

 drug) 'which is unsafe within the meaning of section 

 346 of this title, or (B) if it is a raw agricultural 

 commodity and it bears or contains a pesticide 

 chemical which Is unsafe within the meaning of sec- 

 tion 346a<a) of this title, or (C) if it is. or if It 

 bears or contains, any food additive which is unsafe 

 within the meaning of section 348 of this title: Pro- 

 vided, That where a pesticide chemical has been 

 used in or on a raw agricultural commodity in con- 

 formity with an exemption granted or a tolerance 

 prescribed under section 346a of this title and such 

 raw agricultural commodity has been subjected to 

 processing such as canning, coolcing. freezing, de- 

 hydrating, or milling, the residue of such pesticide 

 chemical remaining in or on such processed food 

 shall, notwithstanding the provisions of sections 346 

 ^nd 348 of this title, not be deemed unsafe if such 

 residue in or on the raw agricultural commodity has 

 been removed to the extent possible in good manu- 

 facturing 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, or (D) if it is, or It bears 

 or contains, a new animal drug (or conversion prod- 

 uct thereof* which is unsafe within the meaning of 

 section 360b of this title: (3) if it consists In whole 

 or In part of any filthy, putrid, or decomposed sub- 



stance, 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 contami- 

 nated with filth, or whereby it may have been ren- 

 dered 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. 



(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 h£is 

 been concealed in any manner: or (4) if any sub- 

 stance 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. 



(June 25. 1938, 

 ch. 675. § 402. 52 Stat 1046: 1940 Reorg Plan No. IV, 

 i 12. eff June 30. 1940. 5 F. R. 2422. 54 Stat. 1237; 

 Mar 16. 1950. ch. 61. § 3 (d>, 64 Stat. 20: 1953 Reorg 

 Plan No. 1. § 5. eff. Apr. 11. 1953. 18 F. R 2053. 67 

 Stat 631: July 22. 1954. ch. 559. §2. 68 Stat. 511; 

 July 9. 1956. ch 530. 70 Stat 512; Sept. 6. 1958. 

 Pub. L 85-929. § 3 (ai, <b). 72 Stat. 1784: Mar. 17. 

 1959. Pub. L. 86-2. 73 Stat. 3; July 12, 1960. Pub. L. 

 86-618. title I. §§ 102 <ai (D. (2). 105 (0 , 74 Stat. 

 397. 404; June 29. 1966. Pub. L. 89-477. 80 Stat. 231; 

 July 13. 1968. Pub. L. 90-399. § 104. 82 Stat. 352.) 

 Amendments 



1968— Subsec (a) (2) Pub L. 90-399 added Item (Iv) in 

 cl (A) and cl (D) . respectively 



1966 — Subsec (dl. Pub L 89-477 permitted the Im- 

 bedding of nonnutrltlve objects In confectionery foods If 

 In the Judgment of the Secretary of Health. Education, and 

 Welfare, as provided by regulation, the imbedding of the 

 object Is of practical functional value to the confectionery 

 product and would not render It Injurious or hazardous 

 to health, raised to one-half of 1 per centum by volume 

 the upper limit for the allowable use of alcohol derived 

 solely from the use of flavoring extracts, allowed the use 

 of safe nonnutrltlve substances In and on confectionery 

 foods by reason of their use for some practical and func- 

 tional purpose In the manfuacture. packaging, or storage 

 of the confectionery foods If the use of the substances 

 does not promote deception of the consumer or otherwise 

 result In adulteration or misbranding, authorized the 

 Secretary to issue regulations on the use of particular 

 nonnutrltlve substances, and removed reference to non- 

 nutrltlve masticatory substances added to chewing gum 

 and harmless flavoring, harmless resinous glaze not In 

 excess of four-tenths of 1 per centum, natural gum. au- 

 thorized coloring, and pectin. 



1960— Subsec (a) Pub L 86-618. 1102(a)(1). sub- 

 stituted "other than one which Is (1) a pesticide chemical 

 In or on a raw agricultural commodity: (II) a food addi- 

 tive: or (111) a color additive" for "(except a pesticide 

 chemical In or on a raw agricultural commodity and 

 except a food additive) " In cl. (2) (A) 



Subsec (c) Pub L 86-618. 1102(a)(2). amended 

 subsection (c) generally by substituting provisions deem- 



