The Florida Senate

585.72  Adulteration.--An animal product shall be deemed adulterated if:

(1)  It bears or contains any poisonous or deleterious substance which may render it injurious to health; provided that, when the substance is not an added substance, such product shall not be considered adulterated under this subsection if the quantity of such substance in or on such product does not ordinarily render it injurious to health.

(2)  It bears or contains, by reason of administration of any substance to the live animal, any added poisonous or added deleterious substance, other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive, or a color additive, which may, in the judgment of the department, make such article unfit for human food if:

(a)  It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of s. 408 of the Federal Food, Drug, and Cosmetic Act;

(b)  It bears or contains any food additive which is unsafe within the meaning of s. 409 of the Federal Food, Drug, and Cosmetic Act; or

(c)  It bears or contains any color additive which is unsafe within the meaning of s. 706 of the Federal Food, Drug, and Cosmetic Act.

A product which is not adulterated as defined in paragraph (a), paragraph (b), or paragraph (c) shall nevertheless be deemed adulterated if use of a pesticide chemical, food additive, or color additive in or on such product is prohibited by rule of the department in establishments at which inspection is maintained under this chapter.

(3)  It consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human consumption.

(4)  It has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

(5)  It is, in whole or in part, the product of an animal which has died otherwise than by slaughter.

(6)  Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(7)  It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to s. 409 of the Federal Food, Drug, and Cosmetic Act.

(8)  Any valuable constituent has been, in whole or in part, omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part, or if any damage or inferiority has been concealed in any manner, or if any substance has been added thereto in excess of allowable limits or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

(9)  It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance.

History.--s. 45, ch. 90-321.