37-125 — POISONOUS OR DELETERIOUS SUBSTANCE -- REGULATIONS AS TO USE


                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 1
                      IDAHO FOOD, DRUG AND COSMETIC ACT
    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.