A5436

An Act prohibiting certain substances in the sale, distribution, and manufacture of commercial food and amending R.S.24:5-8.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S. 24:5-8 is amended to read as follows:

24:5-8. For the purposes of this subtitle food shall be deemed 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) If it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of regulations promulgated by the Department of Health limiting the quantity therein or thereon to such extent as the Department of Health of the State of New Jersey finds necessary for the protection of the public health; 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 produced, 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 an animal which has not been inspected, and the meat of such animal passed as fit for food:

(a) By an official federal inspector; or

(b) By such officer or person as shall be qualified for such purpose in accordance with, and in such manner as shall be prescribed by, regulations adopted by the State department, if such inspection is required by such regulations, or if it is in whole or in part the product 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, during the course of its processing, it has been exposed to, or treated with, ionized radiation, except that this paragraph shall not apply to any spice so exposed or treated.

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 packaged 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 falls below the standard of purity, quality or strength which it purports or is represented to possess.

D. If it bears or contains a coal-tar color other than one from a batch that has been certified under the federal act.

E. If it contains any of these substances:

(1) brominated vegetable oil (CAS no. 8016-94-2);

(2) potassium bromate (CAS no.7758-01-2);

(3) propylparaben (CAS no.94-13-3);

(4) red dye 3 (CAS no. 16423-68-0); or

(5) titanium dioxide (CAS no.13463-67-7).

(cf: P.L.1989, c.203, s.1)

2. This act shall take effect on the first day of the 13th month next following enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill adds five substances to the general prohibition on adulterated commercial food. It is unlawful for any entity in this State to distribute, sell, manufacture for sale or distribution, or possess with intent to sell or distribute, any adulterated food.

This bill adds brominated vegetable oil, potassium bromate, propylparaben, red dye 3, and titanium dioxide to the conditions that deem food adulterated. Each of these chemicals is prohibited from use in processed food for sale in the European Union based on scientific studies demonstrating their risk for significant public health harm, particularly to children.