65-664. Same; food deemed adulterated, when.
65-664
65-664. Same; food deemed adulterated, when.A food shall be deemed to be adulterated:
(a) (1) If it bears or contains any poisonous or deleterioussubstance which may render it injurious to health; but in case thesubstance is not an added substance such food shall not be consideredadulterated under this clause if the quantity of the substance in suchfood does not ordinarily render it injurious to health; or (2)(A) itbears or contains any added poisonous or added deleterious substance,other than one which is (i) a pesticide chemical in or on a rawagricultural commodity; (ii) a food additive; or (iii) a color additive,which is unsafe within the meaning of K.S.A. 65-667; or (B) it is a rawagricultural commodity and it bears or contains apesticide chemical which is unsafe within the meaning of K.S.A. 65-667;or (C) it is or it bears or contains any food additive which isunsafe within the meaning of K.S.A. 65-667. Where apesticide chemical has been used in or on a raw agricultural commodityin conformity with an exemption granted or tolerance prescribed underK.S.A. 65-667 and such raw agricultural commodity has been subjected toprocessing such as canning, cooking, freezing, dehydrating, or milling,the residue of such pesticide chemical remaining in or on such processedfood shall, notwithstanding the provisions of K.S.A. 65-667 and clause(C) of this subsection, not be deemed unsafe if such residue in or on theraw agricultural commodity has been removed to the extent possible ingood manufacturing practice, and the concentration of such residue inthe processed food when ready to eat is not greater than the toleranceprescribed for the raw agricultural commodity; or (3) it consists inwhole or in part of a diseased, contaminated, filthy, putrid, ordecomposed substance, or is otherwise unfit for food; or (4) ithas been produced, prepared, packed, or held under insanitary conditionswhereby it may have become contaminated with filth, or whereby it mayhave been rendered diseased, unwholesome, or injurious to health; or (5)it is the product of a diseased animal or an animal which has diedotherwise than by slaughter, or that has been fed upon the uncookedoffal from a slaughterhouse; or (6) its container is composed, inwhole or in part, of any poisonous or deleterious substance which mayrender the contents injurious to health.
(b) (1) If any valuable constituent has been in whole or in partomitted or abstracted therefrom; or (2) any substance has beensubstituted wholly or in part therefor; or (3) damage or inferiorityhas been concealed in any manner; or (4) any substance has been addedthereto or mixed or packed therewith so as to increase its bulk orweight, or reduce its quality or strength or make it appear better or ofgreater value than it is. This subsection does not apply to any cured orsmoked pork product by reason of its containing added water.
(c) If it is confectionery and it bears or contains any alcohol ornonnutritive article or substance except harmless coloring, harmlessflavoring, harmless resinous glaze not in excess of 4/10of 1%, harmless natural wax not in excess of 4/10 of 1%, harmless naturalgum, and pectin. This subsectiondoes not apply to any confectioneryby reason of its containing less than 1/2 of 1%by volume of alcohol derived solely from the use of flavoring extracts,or to any chewing gum by reason of its containing harmless nonnutritivemasticatory substances.
(d) If it is or bears or contains any color additive which is unsafewithin the meaning of K.S.A. 65-667.
History: L. 1953, ch. 286, § 10; L. 1965, ch. 377, § 3; L. 1981,ch. 242, § 1; July 1.