21 U.S.C. § 346 : US Code - Section 346: Tolerances for poisonous or deleterious substances in food; regulations

Search 21 U.S.C. § 346 : US Code - Section 346: Tolerances for poisonous or deleterious substances in food; regulations

Any poisonous or deleterious substance added to any food, except
where such 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 clause (2)(A) of
section 342(a) of this title; but when such substance is so
required or cannot be so avoided, the Secretary shall promulgate
regulations limiting the quantity therein or thereon to such extent
as he finds necessary for the protection of public health, and any
quantity exceeding the limits so fixed shall also be deemed to be
unsafe for purposes of the application of clause (2)(A) of section
342(a) of this title. While such a regulation is in effect limiting
the quantity of any such substance in the case of any food, such
food shall not, by reason of bearing or containing any added amount
of such substance, be considered to be adulterated within the
meaning of clause (1) of section 342(a) of this title. In
determining the quantity of such added substance to be tolerated in
or on different articles of food the Secretary shall take into
account the extent to which the use of such substance is required
or cannot be avoided in the production of each such article, and
the other ways in which the consumer may be affected by the same or
other poisonous or deleterious substances.