723

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 purposes of the application of subsection (a)(2) of § 720 of this title; but when the presence of such substance is so required or cannot be so avoided, the Secretary shall by regulation prescribe limits to such extent as the Secretary finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed to be unsafe. While such a regulation is in effect such food shall not be considered to be adulterated within the meaning of subsection (a)(1) of § 720 of this title. In determining the quantity of such substances to be tolerated 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 the foods, and the various ways in which the consumer may be affected. History —Apr. 26, 1940, No. 72, p. 492, § 13, eff. 90 days after Apr. 26, 1940.