Illinois General Assembly - Illinois Compiled Statutes

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410 ILCS 620/10

(410 ILCS 620/10) (from Ch. 56 1/2, par. 510)

Sec. 10.

A food is adulterated - (a) (1) If it bears or contains any
poisonous or deleterious substance
which may render it 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 injurious to health; or (2) (A) if it bears or contains any added
poisonous or added deleterious substance other than one which is (i) a
pesticide chemical in or on a raw agricultural commodity; (ii) a food
additive; or (iii) a color additive which is unsafe within the meaning of
subsection (a) of Section 13; or (iv) a new animal
drug which is unsafe within the meaning of Section 14; or (B) if it is
a raw agricultural commodity and it bears
or contains a pesticide chemical which is unsafe within the meaning of
Section 408 (a) of the Federal Act as amended; or (C) if it is or it bears
or contains, any food additive which is unsafe within the meaning of
Section 409 of the Federal Act as amended; provided that where a pesticide
chemical has been used in or on a raw agricultural commodity in conformity
with an exemption granted or tolerance prescribed under Section 408 of the
Federal Act and such raw agricultural commodity has been subjected to
processing such as canning, cooking, freezing, dehydrating or milling, the
residue of such pesticide chemical remaining in or on such processed food
shall, notwithstanding the provisions of Section 13 and Clause (C) of this
Section not be deemed unsafe if such residue in or on the raw agricultural
commodity has been removed to the extent possible in good manufacturing
practice, and the concentration of such residue in the processed food when
ready-to-eat, is not greater than the tolerance prescribed for the raw
agricultural commodity; or (D) if it is, or it bears or contains, a new
animal drug (or conversion product thereof) which is unsafe within the
meaning of Section 512 of the Federal Act; or (3) if it consists in whole
or in part of a diseased, contaminated, filthy, putrid or decomposed
substance, or if it is otherwise unfit for food; or (4) if 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; or (5) if it is, in
whole or in part, the product of a diseased animal or an
animal which has died otherwise than by slaughter, or that has been fed
upon the uncooked offal from a slaughterhouse; or (6) if its 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 it has been
intentionally subjected to radiation unless the use of the radiation was in
conformity with a regulation or exemption in effect pursuant to Section 13
of this Act or Section 409 of the Federal Act.

(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 packed therewith 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.

(c) If it is confectionery and it bears or contains any alcohol;
however, this subsection shall not apply to any confectionery by reason of
its containing less than 5% by volume of alcohol.

(d) If it is or bears or contains any color additive which is unsafe
within the meaning of Section 706(a) of the Federal Act.

(e) If its packaging or labeling is in violation of an applicable
regulation issued pursuant to Section 3, 4 or 5 of the Illinois Poison
Prevention Packaging Act.

(f) If it is an adulterated egg or egg product pursuant to Section 3.1
of the "Illinois Egg and Egg Products Act".

(Source: P.A. 85-179.)