A2050

An Act prohibiting certain substances in the sale, distribution, and manufacture of commercial foods for human consumption and amending R.S.24:5-8.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S. 24:5-8 is amended to read as follows:

24:5-8. For the purposes of this subtitle food for human consumption shall be deemed adulterated:

A. (1) If [it] the food bears or contains any poisonous or deleterious substance which may render [it] the food 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] the food injurious to health; or

(2) If [it] the food bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of regulations promulgated by the Department of Health limiting the quantity therein or thereon to such extent as the Department of Health [of the State of New Jersey] finds necessary for the protection of the public health; or

(3) If [it] the food consists in whole or in part of any filthy, putrid, or decomposed substance, or if [it] the food is otherwise unfit for food; or

(4) If [it] the food has been produced, prepared, packed, or held under insanitary conditions whereby [it] the food may have become contaminated with filth, or whereby [it] the food may have been rendered injurious to health; or

(5) If [it] the food is in whole or in part the product of an animal which has not been inspected, and the meat of such animal passed as fit for food:

(a) By an official federal inspector; or

(b) By such officer or person as shall be qualified for such purpose in accordance with, and in such manner as shall be prescribed by, regulations adopted by the State department, if such inspection is required by such regulations, or if [it] the food is in whole or in part the product of an animal which has died otherwise than by slaughter; or

(6) If [its] the food’s container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(7) If, during the course of [its] the food’s processing, [it] the food has been exposed to, or treated with, ionized radiation, except that this paragraph shall not apply to any spice so exposed or treated.

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 packaged therewith so as to increase [its] the food’s bulk or weight, or reduce [its] the food’s quality or strength or make [it] the food appear better or of greater value than [it is] the food possesses.

C. If [it] the food falls below the standard of purity, quality, or strength which [it] the food purports or is represented to possess.

D. If [it] the food bears or contains a coal-tar color other than one from a batch that has been certified under the federal act.

E. If [it] the food contains any of these substances:

(1) brominated vegetable oil (CAS no. 8016-94-2);

(2) potassium bromate (CAS no.7758-01-2);

(3) propylparaben (CAS no.94-13-3); or

(4) red dye 3 (CAS no. 16423-68-0).

(cf: P.L.1989, c.203, s.1)

2. This act shall take effect on the first day of the 13th month next following enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill adds four substances to the general prohibition on adulterated commercial food for human consumption.

It is unlawful for any entity in this State to distribute, sell, manufacture for sale or distribution, or possess with intent to sell or distribute, any adulterated food. Each violation of the State Sanitary Code constitutes a separate offense and is punishable by a penalty of not less than $50 and not more than $1,000.

This bill adds brominated vegetable oil, potassium bromate, propylparaben, and red dye 3 to the conditions that deem food for human consumption adulterated