ABSTRACT

The Federal Food, Drug, and Cosmetic Act (FD&C Act) [1] contains three paragraphs that apply to extraneous material in food. The first, Section 402(a)(1), states that “a food shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health.” The second, Section 402(a)(3), states that “a food shall be deemed to be adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food.” Finally, 402 (a)(4) states that “a food shall be deemed to be adulterated if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.”