Guam § 40109 - Adulterated Food.

§ 40109. Adulterated Food.

A food shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance which

may render it injurious to health; but in case the substance is not an added

substance such food shall not be considered adulterated under this clause if

the quantity of such substance in such food does not ordinarily render it

injurious to health;

(2) (A) if it bears or contains any added poisonous or added

deleterious substance, other than one which is (i) a pesticide

chemical in or on a raw agricultural commodity; (ii) a food

additive; or (iii) a color additive, which is unsafe within the

meaning of Section 14(a); or

(B) if it is a raw agricultural commodity and it bears or contains a

pesticide chemical which is unsafe within the meaning of the Federal

Act; or

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(C) if it is or it bears or contains any food additive which is

unsafe within the meaning of the Federal Act provided, that where a

pesticide chemical has been used in or on a raw agricultural

commodity in conformity with an exemption granted or tolerance

prescribed by the Federal Act and such raw agricultural commodity

has been subjected to processing such as canning, cooking, freezing,

dehydrating or milling, the residue of such pesticide chemical

remaining in or on such processed food shall, notwithstanding the

provisions of '40113 and clause (C) of this Paragraph not be deemed

unsafe if such residue in or on the raw agricultural commodity has

been removed to the extent possible in good manufacturing practice,

and the concentration of such residue in the processed food when

ready-to-eat is not greater than the tolerance prescribed for the raw

agricultural commodity;

(3) If it consists in wholly or in part of a diseased, contaminated, filthy,

putrid or decomposed substance, or if it is otherwise unfit for food;

(4) If it has been produced, prepared, packed or held under insanitary

conditions whereby it may have become contaminated with filth or whereby

it may have been rendered diseased, unwholesome or injurious to health;

(5) If it is, in whole or in part, the product of a diseased animal or of an

animal which has died otherwise than by slaughter, or of an animal that has

been fed upon the uncooked offal from a slaughterhouse;

(6) If its container is composed, in whole or in part, of any poisonous

or deleterious substance which may render the contents injurious to health;

(7) If it has been intentionally subjected to radiation, unless the use of

the radiation was in conformity with a regulation or exemption in effect

pursuant to '40113 of this Act or '409 of the Federal Act;

(8) If any valuable constituent has been in whole or in part omitted or

abstracted therefrom;

(9) If any substance has been substituted wholly or in part therefor;

(10) If damage or inferiority has been concealed in any manner;

(11) If any substance has been added thereto or mixed or packed

therewith so as to increase its bulk or weight, or reduce its quality of

strength or make it appear better or of greater value than it is;

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(12) If it is confectionery, and (i) has partially or completely imbedded

therein any non-nutritive object; provided, that this clause shall not apply in

the case of any non-nutritive objective if in the judgment of the Director as

provided by regulations, such object is of practical functional value to the

confectionery product and would not render the product injurious or

hazardous to health; (ii) bears or contains any alcohol other than alcohol not

in excess of one-half of the one percent (1/2 of 1%) by volume derived

solely from the use of flavoring extracts; or (iii) bears or contains any non-

nutritive substance; provided, that this clause shall apply to a safe non-

nutritive substance which is in or on confectionery by reason of its use for

some practical functional purpose in the manufacture, packaging or storing

of such confectionery if the use of the substance does not promote deception

of the consumer or otherwise result in adulteration or misbranding in

violation of any provision of this Act; and provided further, that the Director

may, for the purpose of avoiding or resolving uncertainty as to the

application of this clause, issue regulations allowing or prohibiting the use

of particular non-nutritive substances.

(13) If it is or bears or contains any color additive which is unsafe

within the meaning of the Federal Act; or

(14) If the product has a pull date on the packaging which has expired.