N.Y. Agriculture & Markets Law Section 202
Unavoidable added poisonous or deleterious substances

Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided in good manufacturing practice, shall be deemed to be unsafe for the purpose of the application of subdivision two of section two hundred; but when such substance is so required or cannot be so avoided, the commissioner shall promulgate regulations limiting the quantity therein or thereon to such extent as he finds necessary for protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for the purposes of the application of subdivision two of section two hundred. 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 subdivision one of section two hundred. In determining the quantity of such added substance to be tolerated in or on different articles of food the commissioner 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.

Source: Section 202 — Unavoidable added poisonous or deleterious substances, https://www.­nysenate.­gov/legislation/laws/AGM/202 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

198
Definitions 199
Application of article 199‑A
Prohibition as to adulterated or misbranded food 199‑B
Powers and duties of commissioner respecting food additives and color additives 199‑C
Disposing of tainted food 199‑D
Prohibition as to sulfites 199‑E
Prohibition as to sale of irradiated foods 199‑F
Food allergies notice in food service establishments 200
Adulteration of food 201
Misbranding of food 201‑A
Kosher food and food products 201‑B
Retail sale of kosher food or food products 201‑C
Persons certifying as kosher 201‑D
Notice of violation 201‑E
Halal food and food products 201‑F
Retail sale of halal food or food products 201‑G
Persons certifying as halal 201‑H
Notice of violation 201‑I
Misbranding of certain fish species 202
Unavoidable added poisonous or deleterious substances 202‑A
False advertising 202‑B
Seizure and quarantine 202‑C
Proceedings to review, violations and remedies 203
Manufacture and sale of imitation maple, birch, walnut or beech sugar and syrup prohibited 204
Branding and labeling of maple, birch, walnut or beech sugar and syrup mixtures 204‑A
Olive oil mixtures 204‑B
Foods containing fats and/or oils 204‑C
Prepared horseradish 204‑D
Adulteration of natural fruit juices 205
Defining honey 206
Relative to selling a commodity in imitation or semblance of honey 207
Definition of vinegars and adulterated vinegars 208
Manufacture and sale of misbranded vinegar prohibited 209
Packages containing vinegar to be branded 210
Packaging in the shape of firearms 210‑A
Pork processing 213
Repacking fruit and farm produce 214
Guaranty established 214‑A
Samples 214‑B
Regulations 214‑C
No provisions contained in sections one hundred ninety-eight, one hundred ninety-nine, two hundred, two hundred one, two hundred two, two... 214‑D
Legislative finding and declaration of policy 214‑E
Temporary marketing and manufacturing permits 214‑F
Temperature requirements for manufacture, transportation and storage of certain foods 214‑G
Labeling of certain frozen foods 214‑H
Unit pricing 214‑J
Small quantities of fruits and vegetables 214‑K
Sale and labeling of charcoal 214‑L
Sale of talc coated rice prohibited 214‑M
Labeling of certain food products 214‑N
Treatment and sale of apple cider 214‑O
Labeling requirements for fish wholesalers
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 202’s source at nysenate​.gov

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