SEC. 75-29-3. Articles deemed adulterated.

An article of food shall be deemed to be adulterated:

First. If any substance be mixed or packed with it so as to reduce or lower or injuriously affect its quality, strength or purity.

Second. If any substance be substituted, wholly or in part, for the article.

Third. If any valuable constituent of the article has been, wholly or in part, abstracted; or if the product be below that standard of quality, strength or purity represented to the purchaser or consumer.

Fourth. If it be mixed, colored, or changed in color, coated, polished, powdered, stained or bleached, whereby damage or inferiority is concealed, or so that it may mislead the purchaser or consumer, or if by any means it is made to appear better or of greater value than it is, or if it is colored or flavored in imitation of the genuine color or flavor of another substance.

Fifth. If it contains any added boric acid or borates, salicylic acid, or calislates, formaldehyde, sulphurous acid, or sulphites (except minute residual amounts of sulphurous acids and sulphites which cannot be removed after clarifying sugar cane juice in the preparation of syrup), hydrofleuric acid or fluorides, fluoborates, fluosilicates, or other fluorine compounds, dulcine, glucine, betanapthol, hydronapthol, abrastol, asaprol, oxides of nitrogen, nitrous acid or nitrites compounds of copper or other added ingredients not specifically mentioned in this paragraph and which is deleterious to health; or if, in the case of confectionery, it contains any of the substances mentioned in this paragraph or any mineral substance, alcoholic liquor, or any other substance, deleterious to health; provided, however, that nothing herein shall be construed to prohibit the use of common salt, sugar, wine, vinegar, cider vinegar, malt vinegar, sugar vinegar, distilled vinegar, spices and other essential oils, alcohol (except in confectionery), edible oils, edible fats, or wood smoke applied directly or generated, or proper refrigeration.

Sixth. If it contains, or is manufactured in whole or in part from, a diseased, contaminated, filthy or decomposed substance, either animal or vegetable, or an animal or vegetable substance produced, stored, transported or kept in a condition that would render the article diseased, contaminated, filthy or unwholesome, or if it is any part of a diseased animal, or the product of an animal that has died otherwise than by slaughter, or that has been fed upon the offal from a slaughter house, or if it is the milk from an animal fed upon a substance unfit for food or dairy animals; provided, that any article of food which is not adulterated and not misbranded or insufficiently labeled within the meaning of this article, and which does not contain any filler or ingredient which debases without adding food value, may be manufactured or sold if the same be labeled, branded or tagged as to show the true character and the true composition thereof. All labeling of packages required in any provisions of this article shall be on the main label of each package and in such character and size of type as shall be in such position and terms as may be plainly seen and read and understood by the purchaser or consumer. Provided, further, that nothing in this section shall be construed as requiring or compelling the proprietors, manufacturers or sellers of proprietary foods, which contain no added deleterious substance, substances or ingredient or ingredients, to disclose their trade formulas, except insofar as the provisions of this section require to secure freedom from adulteration, imitation or misbranding.

SOURCES: Codes, Hemingway's 1917, Sec. 4667; 1930, Sec. 4958; 1942, Sec. 7108; Laws, 1910, ch. 132; 1970, ch. 415, Sec. 3, eff from and after passage (approved April 1, 1970).

1997 Amendment

SECTION 2. Section 75-29-3, Mississippi Code of 1972, is amended as follows:

75-29-3. An article of food shall be deemed to be adulterated:

If it is adulterated as defined in Section 402 of the federal Food, Drug and Cosmetic Act, as amended, codified at 21 USC 342.
 

SOURCE: 1997 Laws, Chapter 430, Sec. 2, SB2220, Effective July 1, 1997