196.085. Any poisonous or deleterious substance added to any food exceptwhere such substance is required in the production thereof or cannot beavoided by good manufacturing practice, shall be deemed to be unsafe forpurposes of the application of subdivision (2) of section 196.070; but whensuch substance is so required or cannot be so avoided, the department ofhealth and senior services shall promulgate regulations limiting the quantitytherein or thereon to such extent as the department finds necessary for theprotection of public health, and any quantity exceeding the limits so fixedshall also be deemed to be unsafe for purposes of the application ofsubdivision (2) of section 196.070. While such a regulation is in effectlimiting the quantity of any such substance in the case of any food, such foodshall not, by reason of bearing or containing any added amount of suchsubstance, be considered to be adulterated within the meaning of subdivision(1) of section 196.070. In determining the quantity of such added substanceto be tolerated in or on different articles of food, the department shall takeinto account the extent to which the use of such substance is required orcannot be avoided in the production of each such article and the other ways inwhich the consumer may be affected by the same or other poisonous ordeleterious substances.
(L. 1943 p. 559 ยง 9868)