3.2-5122 - Adulterated food.
§ 3.2-5122. Adulterated food.
A food shall be deemed to be adulterated if:
1. It bears or contains any poisonous or deleterious substance that mayrender it injurious to health; but if the substance is not an added substancethe food shall not be considered adulterated under this subdivision if thequantity of the substance in the food does not ordinarily render it injuriousto health;
2. It bears or contains any added poisonous or added deleterious substancethat is unsafe within the meaning of § 3.2-5125;
3. It consists in whole or in part of a diseased, contaminated, filthy,putrid, or decomposed substance, or if it is otherwise unfit for food;
4. It has been produced, prepared, packed, or held under unsanitaryconditions whereby it may have become contaminated with filth, or whereby itmay have been rendered diseased, unwholesome, or injurious to health;
5. It is the product of a diseased animal, an animal that has died otherwisethan by slaughter, or an animal that has been fed upon the uncooked offalfrom a slaughterhouse;
6. Its container is composed, in whole or in part, of any poisonous ordeleterious substance that may render the contents injurious to health;
7. Any valuable constituent has been, in whole or in part, omitted orabstracted;
8. Any substance has been substituted in whole or in part for a valuableconstituent;
9. Damage or inferiority has been concealed in any manner;
10. Any substance has been added or mixed or packed with the food so as toincrease its bulk or weight, or reduce its quality or strength, or make itappear better or of greater value than it is;
11. It is confectionery and it bears or contains any alcohol or nonnutritivearticle or substance, except harmless coloring, harmless flavoring, harmlessresinous glaze not in excess of four-tenths of one percent, harmless naturalgum, and pectin. In addition, any confectionery that: (i) contains fivepercent or less by volume of alcohol or; (ii) any chewing gum that containsharmless nonnutritive masticatory substances, shall not be deemedadulterated; or
12. It bears or contains a coal-tar color other than one from a batch thathas been certified by the U.S. Department of Health and Human Services.
(Code 1950, § 3-315; 1966, c. 702, § 3.1-395; 1988, c. 110; 2008, c. 860.)