Browse Arkansas Code titles and sections
20-56-208. Adulterated food.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-56-208. Adulterated food.
A food shall be deemed to be adulterated:
(1)(A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health.
(B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity of the substance in the food does not ordinarily render the food injurious to health;
(2) If the food bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of § 20-56-218;
(3) If the food consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if the food is otherwise unfit for human consumption;
(4) If the food has been produced, prepared, packed, or held under insanitary conditions where the food may have become contaminated with filth, or where the food may have been rendered diseased, unwholesome, or injurious to health;
(5) If the food is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed, or has otherwise fed upon, the uncooked offal of other animals;
(6) If the food's container is composed, in whole or in part, of any poisonous or deleterious substance which may render the food injurious to health;
(7) If any valuable constituent has been, in whole or in part, omitted or abstracted from the food;
(8) If any substance has been substituted wholly or in part for the food;
(9) If damage or inferiority has been concealed in any manner;
(10) If any substance has been added, mixed, or packed with the food to increase the food's bulk or weight, to reduce the food's quality or strength, or to make the food appear better or of greater value than the f
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-56-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-56-208
Source file: gov.ar.code.title.20.odt
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Passage SHA-256: 59bc86e3e910bec628a10b2a5d05aa9e9a544c26c66c34242cb22d69eeef3264
Source location: content.xml paragraph 29698
Stored source content
20-56-208. Adulterated food.
A food shall be deemed to be adulterated:
(1)(A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health.
(B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity of the substance in the food does not ordinarily render the food injurious to health;
(2) If the food bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of § 20-56-218;
(3) If the food consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if the food is otherwise unfit for human consumption;
(4) If the food has been produced, prepared, packed, or held under insanitary conditions where the food may have become contaminated with filth, or where the food may have been rendered diseased, unwholesome, or injurious to health;
(5) If the food is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed, or has otherwise fed upon, the uncooked offal of other animals;
(6) If the food's container is composed, in whole or in part, of any poisonous or deleterious substance which may render the food injurious to health;
(7) If any valuable constituent has been, in whole or in part, omitted or abstracted from the food;
(8) If any substance has been substituted wholly or in part for the food;
(9) If damage or inferiority has been concealed in any manner;
(10) If any substance has been added, mixed, or packed with the food to increase the food's bulk or weight, to reduce the food's quality or strength, or to make the food appear better or of greater value than the food is;
(11)(A) If the food is confectionery and the food 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 (4/10 of 1%), harmless natural wax not in excess of four-tenths of one percent (4/10 of 1%), harmless natural gum, and pectin.
(B) However, this subdivision (11) shall not apply to:
(i) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances; or
(ii) Chewing gum containing harmless nonnutritive masticatory substances; or
(12) If the food bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 301
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 21—FOOD AND DRUGS
§ 301
Sec.
398.
Notices to States regarding imported food.
399.
Grants to enhance food safety.
399a.
Office of the Chief Scientist.
399b.
Office of Women’s Health.
399c.
Improving the training of State, local, terri-
torial, and tribal food safety officials.
399d.
Employee protections.
399e.
Nanotechnology.
399f.
Ensuring
adequate
information
regarding
pharmaceuticals for all populations, par-
ticularly underrepresented subpopulations,
including racial subgroups.
399g.
Food and Drug Administration Intercenter
Institutes.
399h.
National Centers of Excellence in Advanced
and Continuous Pharmaceutical Manufac-
turing.
399i.
Food and Drug Administration Working Cap-
ital Fund.
SUBCHAPTER I—SHORT TITLE
§ 301. Short title
This chapter may be cited as the Federal
Food, Drug, and Cosmetic Act.
(June 25, 1938, ch. 675, § 1, 52 Stat. 1040.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES
Act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, 854, pro-
vided that:
‘‘[SEC. 1] (a) The effective date of the following provi-
sions of the Federal Food, Drug, and Cosmetic Act is
hereby postponed until January 1, 1940: Sections 402(c)
[342(c) of this title]; 403(e)(1) [343(e)(1) of this title];
403(g), (h), (i), (j), and (k) [343(g) to (k) of this title];
501(a), (4) [351(a)(4) of this title]; 502(b), (d), (e), (f), (g),
and (h) [352(b), (d) to (h) of this title]; 601(e) [361(e) of
this title]; and 602(b) [362(b) of this title].
‘‘(b) The Secretary of Agriculture shall promulgate
regulations further postponing to July 1, 1940[,] the ef-
fective date of the provisions of sections 403(e)(1)
[343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g)
to (k)]; 502(b), (d), (
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-56-218. Poisonous or deleterious substance — Rules for use.
(a) Any poisonous or deleterious substance added to any food, except where the 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 § 20-56-208(2), but when the substance is so required or cannot be so avoided, the State Board of Health shall promulgate rules limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of the public health. Any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of § 20-56-208(2).
(b) While such a rule is in effect limiting the quantity of any substance in the case of any food, the food shall not, by reason of bearing or containing any added amount of the substance not in excess of the limit established by rule, be considered to be adulterated within the meaning of § 20-56-208(1).
(c) In determining the quantity of the 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 the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-56-218
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-56-218. This identifies an authority to review, not proof of applicability.