3.2-5125 - Poisonous or deleterious substance added to food. - Virginia Statutes

§ 3.2-5125. Poisonous or deleterious substance added to food.

Any poisonous or deleterious substance added to any food, except if it isrequired in the production of the food or cannot be avoided by goodmanufacturing practice, shall be deemed to be unsafe for purposes ofsubdivision 2 of § 3.2-5122; but when any poisonous or deleterious substanceis required or cannot be avoided, the Board shall adopt regulations limitingthe quantity to such extent as it finds necessary for the protection ofpublic health. Any quantity exceeding the limits established by the Boardshall also be deemed to be unsafe for purposes of the application ofsubdivision 2 of § 3.2-5122. While such regulation is in effect limiting thequantity of any poisonous or deleterious substance in 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 subdivision1 of § 3.2-5122 if the added amount is not in excess of the limitsestablished by the Board. In determining the quantity of any added substanceto be tolerated in or on different articles of food, the Board shall takeinto account the extent to which the use of such substance is required orcannot be avoided in the production of each article, and the other ways inwhich the consumer may be affected by the same or other poisonous ordeleterious substances.

(Code 1950, §§ 3-317, 3-343; 1966, c. 702, §§ 3.1-397, 3.1-422; 2008, c. 860.)