37-122 — FOOD DEEMED ADULTERATED


                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 1
                      IDAHO FOOD, DRUG AND COSMETIC ACT
    37-122.  FOOD DEEMED ADULTERATED. A food shall be deemed to be
adulterated--(a) (1)  If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case the substance
is not an added substance such food shall not be considered adulterated under
this clause if the quantity of such substance in such food does not ordinarily
render it injurious to health; or (2) if it bears or contains any added
poisonous or added deleterious substance which is unsafe within the meaning of
section 37-125; or (3) if it consists in whole or in part of a diseased,
contaminated, filthy, putrid, or decomposed substance, or if it is otherwise
unfit for food; or (4) if it has been produced, prepared, packed, or held
under insanitary conditions whereby it may have become contaminated with
filth, or whereby it may have been rendered diseased, unwholesome, or
injurious to health; or (5) if it is the product of a diseased animal or an
animal which has died otherwise than by slaughter, or that has been fed upon
the uncooked offal from a slaughterhouse; or (6) if its container is composed,
in whole or in part, of any poisonous or deleterious substance which may
render the contents injurious to health.
    (b) (1)  If any valuable constituent has been in whole or in part omitted
or abstracted therefrom; or (2) if any substance has been substituted wholly
or in part therefor; or (3) if damage or inferiority has been concealed in any
manner; or (4) if any substance has been added thereto or mixed or packed
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.
    (c)  If it is confectionery and it bears or contains any alcohol or
non-nutritive article or substance except harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of four-tenths of one per
centum (.4%), harmless natural gum, and pectic; Provided, that this paragraph
shall not apply to any confectionery by reason of its containing less than
one-half of one per centum (.5%) by volume of alcohol derived solely from the
use of flavoring extracts, or to any chewing gum by reason of its containing
harmless non-nutritive masticatory substances.
    (d)  If it bears or contains a coal-tar color other than one from a batch
which has been certified under authority of the federal act.