Poisonous or Deleterious Substance — Regulations as to Use
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Any poisonous or deleterious substance, which shall include, but not be limited to, pesticide chemicals, food additives, color additives and radiation sources, added to any food pursuant to § 53-1-104, to any drug or device pursuant to § 53-1-108, or to any cosmetic pursuant to § 53-1-111, shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B), 53-1-108(1) and 53-1-111(1), except where the substance:
Is required in the production of the food;
Cannot be avoided by good manufacturing practice; or
Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer.
When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B), 53-1-108(1) and 53-1-111(1).
The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act.
In determining the quantity of the added substance to be tolerated in or on different articles of foods, drugs, devices or cosmetics, the commissioner shall take into account the extent to which the use of the substance is required or cannot be avoided in the production or manufacture of the article and the other ways in which the health and economic interests of the consumer may be affected by the same or other poisonous or deleterious substances.