1864

LAWS OF MARYLAND

Ch. 240

4-206. RESERVED.

PART II. FOOD.

4-207. ADULTERATED FOOD.

(A)  APPLICATION OF SECTIONS.

IN ADDITION TO ANY OTHER GROUND THAT MAY BE APPLICABLE
UNDER THIS TITLE, A FOOD IS CONSIDERED TO BE ADULTERATED FOR
PURPOSES OF THIS SUBTITLE IF THE STANDARDS IN THIS SECTION
OR IN § 4-208 OR § 4-209 OF THIS SUBTITLE APPLY.

(B)  IN GENERAL.

A FOOD IS ADULTERATED IF:

(1)  IT CONTAINS ANY POISONOUS OR OTHERWISE
DELETERIOUS SUBSTANCE THAT, IN THE QUANTITY PRESENT,
REASONABLY WOULD BE EXPECTED TO MAKE IT INJURIOUS TO HEALTH;

(2)  IT CONTAINS ANY ADDED POISONOUS OR ADDED
DELETERIOUS SUBSTANCE:

(I)  THAT IS NOT A FOOD OR COLOR ADDITIVE;
AND

(II)  THE PARTICULAR USE OF WHICH HAS NOT
BEEN FOUND SAFE AS PROVIDED UNDER § 4-239 OF THIS SUBTITLE;

(3)  IT IS OR CONTAINS ANY FOOD ADDITIVE OR COLOR
ADDITIVE THE PARTICULAR USE OF WHICH HAS NOT BEEN FOUND SAFE
AS PROVIDED UNDER § 4-239 OF THIS SUBTITLE;

(4)  ANY PART OF IT IS A DISEASED, CONTAMINATED,
FILTHY, PUTRID, OR DECOMPOSED SUBSTANCE;

(5)  IT WAS PRODUCED, PREPARED, PACKED, OR HELD
UNDER UNSANITARY CONDITIONS THAT REASONABLY WOULD BE
EXPECTED TO HAVE:

(I)  CONTAMINATED IT WITH FILTH; OR

(II)  CAUSED IT TO BE DISEASED,
UNWHOLESOME, OR INJURIOUS TO HEALTH;

(6)  ANY PART OF ITS CONTAINER IS COMPOSED OF ANY
POISONOUS OR OTHERWISE DELETERIOUS SUBSTANCE THAT REASONABLY
WOULD BE EXPECTED TO HAVE CAUSED THE FOOD TO BE INJURIOUS TO
HEALTH;

(7)  IT HAS BEEN SUBJECTED INTENTIONALLY TO
RADIATION, UNLESS THE USE OF THE RADIATION CONFORMS TO THAT
ALLOWED BY A RULE OR REGULATION UNDER THE FEDERAL ACT OR
UNDER § 4-239 OF THIS SUBTITLE;