37-125. POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE. Any poisonous or deleterious substance added to any food except where such 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 clause (2) of section 37-122(a); but when such substance is so required or cannot be so avoided, the board shall promulgate regulations limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of clause (2) of section 37-122(a). While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of clause (1) section 37-122(a). In determining the quantity of such 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 such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
History:
[37-125, added 1959, ch. 153, sec. 13, p. 351.]
Structure Idaho Code
Title 37 - FOOD, DRUGS, AND OIL
Chapter 1 - IDAHO FOOD, DRUG AND COSMETIC ACT
Section 37-115 - PROHIBITED ACTS.
Section 37-116 - INJUNCTIONS AUTHORIZED.
Section 37-117 - VIOLATIONS — PENALTY — EXCEPTIONS.
Section 37-120 - REPORT OF MINOR VIOLATIONS.
Section 37-121 - PROMULGATION OF REASONABLE STANDARDS BY BOARD.
Section 37-122 - FOOD DEEMED ADULTERATED.
Section 37-123 - FOOD DEEMED MISBRANDED.
Section 37-124 - CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY.
Section 37-125 - POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE.
Section 37-126 - DRUGS OR DEVICES DEEMED ADULTERATED.
Section 37-127 - DRUGS OR DEVICES DEEMED MISBRANDED.
Section 37-128 - SALE OF NEW DRUGS — REGULATIONS AND PROCEDURES.
Section 37-129 - COSMETICS DEEMED ADULTERATED.
Section 37-130 - COSMETICS DEEMED MISBRANDED.
Section 37-131 - FALSE ADVERTISING.
Section 37-132 - REGULATIONS BY BOARD — HEARINGS — NOTICE.
Section 37-134 - PUBLICATION OF REPORTS BY DIRECTOR — DISSEMINATION OF INFORMATION.