Tolerances for poisonous or deleterious substances in food; regulations
United States Code
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How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 4% most-cited · cited by 50 decisions
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Courts citing this statute
Most recently cited by10
- 2025Bay Valley Foods, LLC v. FFI Group, LLC and Kramer Corporation of Ga. N.D. Ill.
- 2022Keeter v. Gerber Products Company E.D. Va.
- 2021Lulac v. Michael S. Regan 9th Cir.
- 2017Organic Consumers Ass'n v. General Mills, Inc. D.D.C.
- 2015Alaska Wilderness League v. Jewell 9th Cir.
- 2012State ex rel. Koster v. Morningland of Ozarks, LLC Mo. Ct. App.
- 2010National Corn Growers Ass'n v. Environmental Protection Agency D.C. Cir.
- 2009People ex rel. Brown v. Tri-Union Seafoods, LLC Cal. Ct. App.
- 2004New York v. United States Environmental Protection Agency S.D.N.Y.
- 2003Kane v. Szymczak Va. Ct. App.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice shall be deemed to be unsafe for purposes of the application of clause (2)(A) of section 342(a) of this title; but when such substance is so required or cannot be so avoided, the Secretary shall promulgate regulations limiting the quantity therein or thereon to such extent as he finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of clause (2)(A) of section 342(a) of this title. While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of clause (1) of section 342(a) of this title. In determining the quantity of such added substance to be tolerated in or on different articles of food the Secretary shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article, and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. (Source: (June 25, 1938, ch. 675, § 406, 52 Stat. 1049; Pub. L. 85–929, § 3(c), Sept. 6, 1958, 72 Stat. 1785; Pub. L. 86–618, title I, § 103(a)(1), July 12, 1960, 74 Stat. 398.))