3.2-5401 - Adulterated livestock product or poultry product.
§ 3.2-5401. Adulterated livestock product or poultry product.
Any livestock product or poultry product shall be deemed to be adulterated:
1. If it bears or contains any poisonous or deleterious substance that mayrender it injurious to health; but in case the substance is not an addedsubstance, such article shall not be considered adulterated under this clauseif the quantity of such substance in or on such article does not ordinarilyrender it injurious to health;
2. If it bears or contains (by reason of administration of any substance tothe livestock or poultry or otherwise) any added poisonous or addeddeleterious substance (other than one that is: (i) a pesticide chemical in oron a raw agricultural commodity; (ii) a food additive; or (iii) a coloradditive) that may, in the judgment of the Commissioner, make such articleunfit for human food;
3. If it is, in whole or in part, a raw agricultural commodity and suchcommodity bears or contains a pesticide chemical that is unsafe within themeaning of § 408 of the Federal Food, Drug, and Cosmetic Act;
4. If it bears or contains any food additive that is unsafe within themeaning of § 409 of the Federal Food, Drug, and Cosmetic Act;
5. If it bears or contains any color additive that is unsafe within themeaning of § 706 of the Federal Food, Drug, and Cosmetic Act; provided, thatan article that is not otherwise deemed adulterated under subsection C or Dof this section shall nevertheless be deemed adulterated if use of thepesticide chemical, food additive, or color additive in or on such article isprohibited by regulations of the Board in official establishments;
6. If it consists in whole or in part of any filthy, putrid, or decomposedsubstance or is for any other reason unsound, unhealthful, unwholesome, orotherwise unfit for human food;
7. If it has been prepared, packed, or held under unsanitary conditionswhereby it may have become contaminated with filth, or whereby it may havebeen rendered injurious to health;
8. If it is, in whole or in part, the product of an animal (includingpoultry) that has died otherwise than by slaughter;
9. If its container is composed, in whole or in part, of any poisonous ordeleterious substance that may render the contents injurious to health;
10. If it has been intentionally subjected to radiation, unless the use ofthe radiation was in conformity with a regulation or exemption in effectpursuant to § 409 of the Federal Food, Drug, and Cosmetic Act;
11. If any valuable constituent has been in whole or in part omitted orabstracted therefrom; or if any substance has been substituted, wholly or inpart therefor; or if damage or inferiority has been concealed in any manner;or if any substance has been added thereto or mixed or packed therewith so asto increase its bulk or weight, or reduce its quality or strength, or make itappear better or of greater value than it is; or
12. If it is margarine containing animal fat and any of the raw material usedtherein consisted in whole or in part of any filthy, putrid, or decomposedsubstance.
(1970, c. 290, § 3.1-884.18; 2008, c. 860.)