                                 CODE OF VIRGINIA

ADULTERATED FOOD (§ 3.2-5122)

A food shall be deemed to be adulterated if:

1. It bears or contains any poisonous or deleterious substance that may render
it injurious to health; but if the substance is not an added substance the food
shall not be considered adulterated under this subdivision if the quantity of
the substance in the food does not ordinarily render it injurious to health;

2. It bears or contains any added poisonous or added deleterious substance that
is unsafe within the meaning of &#xA7; 3.2-5125;

3. It consists in whole or in part of a diseased, contaminated, filthy, putrid,
or decomposed substance, or if it is otherwise unfit for food;

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

5. It is the product of a diseased animal, an animal that has died otherwise
than by slaughter, or an animal that has been fed upon the uncooked offal from a
slaughterhouse;

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

7. Any valuable constituent has been, in whole or in part, omitted or
abstracted;

8. Any substance has been substituted in whole or in part for a valuable
constituent;

9. Damage or inferiority has been concealed in any manner;

10. Any substance has been added or mixed or packed with the food 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;

11. It is confectionery and it bears or contains any alcohol or nonnutritive
article or substance, except harmless coloring, harmless flavoring, harmless
resinous glaze not in excess of four-tenths of one percent, harmless natural
gum, and pectin. In addition, any confectionery that: (i) contains five percent
or less by volume of alcohol or; (ii) any chewing gum that contains harmless
nonnutritive masticatory substances, shall not be deemed adulterated; or

12. It bears or contains a coal-tar color other than one from a batch that has
been certified by the U.S. Department of Health and Human Services.

HISTORY: Code 1950, § 3-315; 1966, c. 702, § 3.1-395; 1988, c. 110; 2008, c.
860.