United States Code

21 U.S.C. § 342

Adulterated food

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Bills that would change it 42

  • S 5022 A bill to decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, t... Amends · introduced · 119th Congress
  • HR 8646 Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2027 Amends its part · introduced · 119th Congress
  • HR 8429 Baby Food Safety Act of 2026 Amends · introduced · 119th Congress
  • HR 8370 Dietary Supplement Listing Act of 2026 Amends its part · introduced · 119th Congress
  • S 3677 Dietary Supplement Listing Act of 2026 Amends its part · introduced · 119th Congress
  • S 3122 Better FDA Act of 2025 Amends 342(a)(2)(C) · introduced · 119th Congress
  • S 2341 Ensuring Safe and Toxic-Free Foods Act of 2025 Amends 342(a)(2)(C)(i) · introduced · 119th Congress
  • HR 3324 Safer Shrimp Imports Act Amends · introduced · 119th Congress
  • HR 2472 INFANTS Act of 2025 Amends · introduced · 119th Congress
  • S 667 Safer Shrimp Imports Act Amends · introduced · 119th Congress
  • S 376 Expanded Food Safety Investigation Act of 2025 Amends its part · introduced · 119th Congress
  • HR 852 Expanded Food Safety Investigation Act of 2025 Amends its part · introduced · 119th Congress
  • HR 597 PURR Act of 2025 Amends its part · introduced · 119th Congress
  • HR 8688 Stop Spoonfuls of Fake Sugar Act of 2024 Amends · introduced · 118th Congress
  • HR 8385 Baby Food Safety Act of 2024 Amends · introduced · 118th Congress
  • HR 7380 PURR Act of 2024 Amends its part · introduced · 118th Congress
  • HR 6756 Baby Food Safety Act of 2023 Amends · introduced · 118th Congress
  • HR 6770 INFANTS Act of 2023 Amends · introduced · 118th Congress
  • S 3387 Ensuring Safe and Toxic-Free Foods Act of 2023 Amends its part · introduced · 118th Congress
  • HR 5554 BAN OPs From Our Food Act Amends · introduced · 118th Congress
  • S 2782 Expanded Food Safety Investigation Act of 2023 Amends its part · introduced · 118th Congress
  • HR 4110 Expanded Food Safety Investigation Act of 2023 Amends its part · introduced · 118th Congress
  • HR 1628 CBD Product Safety and Standardization Act of 2023 Amends · introduced · 118th Congress
  • HR 2617 Consolidated Appropriations Act, 2023 Amends its part · enacted · 117th Congress
  • HR 8765 BAN OPs From Our Food Act Amends · introduced · 117th Congress
  • S 4591 Cannabis Administration and Opportunity Act Amends · introduced · 117th Congress
  • HR 8358 Food Safety Administration Act of 2022 Amends its part · introduced · 117th Congress
  • S 4520 Food Safety Administration Act of 2022 Amends its part · introduced · 117th Congress
  • S 4348 FDASLA Act of 2022 Amends its part · introduced · 117th Congress
  • HR 7933 Keep Infant Formula Safe and On the Shelves Act of 2022 Amends its part · introduced · 117th Congress
  • S 4316 Ensuring Safe and Toxic-Free Foods Act of 2022 Amends its part · introduced · 117th Congress
  • S 4090 Dietary Supplement Listing Act of 2022 Amends its part · introduced · 117th Congress
  • HR 6134 CBD Product Safety and Standardization Act of 2021 Amends · introduced · 117th Congress
  • HR 5728 Food Safety Modernization for Innovative Technologies Act Amends its part · introduced · 116th Congress
  • S 3053 Food Safety Modernization for Innovative Technologies Act Amends its part · introduced · 116th Congress
  • HR 5415 Expanded Food Safety Investigation Act of 2019 Amends its part · introduced · 116th Congress
  • S 2958 Expanded Food Safety Investigation Act of 2019 Amends its part · introduced · 116th Congress
  • S 921 Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2019 Amends · introduced · 116th Congress
  • S 1624 Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017 Amends · introduced · 115th Congress
  • HR 2064 Sewage Sludge in Food Production Consumer Notification Act Amends · introduced · 115th Congress
  • HR 254 Sewage Sludge in Food Production Consumer Notification Act Amends · introduced · 112th Congress
  • HR 185 Sewage Sludge in Food Production Consumer Notification Act Amends · introduced · 111th Congress

The law today

From the official United States Code, current through Public Law 119-121.

A food shall be deemed to be adulterated— (a) Poisonous, insanitary, etc., ingredients (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.1 (2)(A) if it bears or contains any added poisonous or added deleterious substance (other than a substance that is a pesticide chemical residue in or on a raw agricultural commodity or processed food, a food additive, a color additive, or a new animal drug) that is unsafe within the meaning of section 346 of this title; or (B) if it bears or contains a pesticide chemical residue that is unsafe within the meaning of section 346a(a) of this title; or (C) if it is or if it bears or contains (i) any food additive that is unsafe within the meaning of section 348 of this title; or (ii) a new animal drug (or conversion product thereof) that is unsafe within the meaning of section 360b of this title; or (3) if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) 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; or (5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter; 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 348 of this title. (b) Absence, substitution, or addition of constituents (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) Color additives If it is, or it bears or contains, a color additive which is unsafe within the meaning of section 379e(a) of this title. (d) Confectionery containing alcohol or nonnutritive substance If it is confectionery, and— (1) has partially or completely imbedded therein any nonnutritive object, except that this subparagraph shall not apply in the case of any nonnutritive object if, in the judgment of the Secretary as provided by regulations, such object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health; (2) bears or contains any alcohol other than alcohol not in excess of one-half of 1 per centum by volume derived solely from the use of flavoring extracts, except that this clause shall not apply to confectionery which is introduced or delivered for introduction into, or received or held for sale in, interstate commerce if the sale of such confectionery is permitted under the laws of the State in which such confectionery is intended to be offered for sale; or (3) bears or contains any nonnutritive substance, except that this subparagraph shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this chapter, except that the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph, issue regulations allowing or prohibiting the use of particular nonnutritive substances. (e) Oleomargarine containing filthy, putrid, etc., matter If it is oleomargarine or margarine or butter and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance, or such oleomargarine or margarine or butter is otherwise unfit for food. (f) Dietary supplement or ingredient: safety (1) If it is a dietary supplement or contains a dietary ingredient that— (A) presents a significant or unreasonable risk of illness or injury under— (i) conditions of use recommended or suggested in labeling, or (ii) if no conditions of use are suggested or recommended in the labeling, under ordinary conditions of use; (B) is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury; (C) the Secretary declares to pose an imminent hazard to public health or safety, except that the authority to make such declaration shall not be delegated and the Secretary shall promptly after such a declaration initiate a proceeding in accordance with sections 554 and 556 of title 5 to affirm or withdraw the declaration; or (D) is or contains a dietary ingredient that renders it adulterated under paragraph (a)(1) under the conditions of use recommended or suggested in the labeling of such dietary supplement. In any proceeding under this subparagraph, the United States shall bear the burden of proof on each element to show that a dietary supplement is adulterated. The court shall decide any issue under this paragraph on a de novo basis. (2) Before the Secretary may report to a United States attorney a violation of paragraph 2 (1)(A) for a civil proceeding, the person against whom such proceeding would be initiated shall be given appropriate notice and the opportunity to present views, orally and in writing, at least 10 days before such notice, with regard to such proceeding. (g) Dietary supplement: manufacturing practices (1) If it is a dietary supplement and it has been prepared, packed, or held under conditions that do not meet current good manufacturing practice regulations, including regulations requiring, when necessary, expiration date labeling, issued by the Secretary under subparagraph (2). (2) The Secretary may by regulation prescribe good manufacturing practices for dietary supplements. Such regulations shall be modeled after current good manufacturing practice regulations for food and may not impose standards for which there is no current and generally available analytical methodology. No standard of current good manufacturing practice may be imposed unless such standard is included in a regulation promulgated after notice and opportunity for comment in accordance with chapter 5 of title 5. (h) Reoffer of food previously denied admission If it is an article of food imported or offered for import into the United States and the article of food has previously been refused admission under section 381(a) of this title, unless the person reoffering the article affirmatively establishes, at the expense of the owner or consignee of the article, that the article complies with the applicable requirements of this chapter, as determined by the Secretary. (i) Noncompliance with sanitary transportation practices If it is transported or offered for transport by a shipper, carrier by motor vehicle or rail vehicle, receiver, or any other person engaged in the transportation of food under conditions that are not in compliance with regulations promulgated under section 350e of this title.
Official text at uscode.house.gov ↗