(a) Any poisonous or deleterious substance added to any food, except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of § 20-56-208(2), but when the substance is so required or cannot be so avoided, the State Board of Health shall promulgate rules limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of the public health. Any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of § 20-56-208(2).
(b) While such a rule is in effect limiting the quantity of any substance in the case of any food, the food shall not, by reason of bearing or containing any added amount of the substance not in excess of the limit established by rule, be considered to be adulterated within the meaning of § 20-56-208(1).
(c) In determining the quantity of the added substance to be tolerated in or on different articles of food, the board shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
Structure Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 4 - Food, Drugs, and Cosmetics
Chapter 56 - General Provisions
Subchapter 2 - Food, Drug, and Cosmetic Act
§ 20-56-204. Notice of minor violations
§ 20-56-205. Penalties — Exceptions
§ 20-56-206. Duty of prosecuting attorney
§ 20-56-207. Injunctions authorized
§ 20-56-210. Adulterated drug or device
§ 20-56-211. Misbranded drug or device
§ 20-56-212. Adulterated cosmetic
§ 20-56-213. Misbranded cosmetic
§ 20-56-214. False or misleading advertisement
§ 20-56-216. Adulterated, misbranded, or abandoned food, drug, device, or cosmetic — Procedures
§ 20-56-217. Contamination with microorganisms
§ 20-56-218. Poisonous or deleterious substance — Rules for use
§ 20-56-219. State Board of Health — Authority to regulate
§ 20-56-220. State Board of Health — Inspection
§ 20-56-221. State Board of Health — Publication and dissemination of information
§ 20-56-222. State Board of Health — Enforcement of subchapter
§ 20-56-223. State Board of Health — Enforcement of federal law