The North Carolina General Statutes Chapter 106, Article 13, known as the North Carolina Food, Drug, and Cosmetic Act, establishes the framework for regulating food, drugs, cosmetics, and devices within the state. Specifically, G.S. 106-127 outlines the prohibitions related to misbranding of food. Misbranding occurs when a food’s labeling is false or misleading in any particular. This includes situations where the food is offered for sale under the name of another food, or if it purports to be a food product of a type that it is not. Furthermore, if the food’s container is made, formed, or filled as to be misleading, it is also considered misbranded. The statute also addresses misbranding if it fails to bear a label containing an accurate statement of the quantity of the contents and, in terms of weight, measure, or numerical count, or if such contents are not accurately stated on the label. The intent of the law is to ensure consumers are provided with accurate information about the food they purchase, preventing deception and promoting public health and safety. Therefore, a food product that is truthfully labeled with its common name and accurately reflects its ingredients and quantity, even if it is a less expensive imitation, is not considered misbranded under this provision as long as the imitation is clearly disclosed.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the General Statutes, outlines the requirements for the labeling of food products. Section 106-125 addresses the general provisions for labeling, stating that food labeling must not be false or misleading in any particular. It also mandates that food shall be labeled as prescribed by federal regulations promulgated under the Federal Food, Drug, and Cosmetic Act, to the extent that such regulations are not inconsistent with the North Carolina Act. This means that if a food product is intended for distribution in North Carolina, its labeling must comply with both state and federal requirements. The North Carolina Department of Agriculture and Consumer Services is responsible for enforcing these provisions. The Act further details specific labeling requirements for various food categories, such as dairy products, meats, and processed foods, ensuring consumers receive accurate information about the contents, origin, and nutritional value of the food they purchase. Compliance with these labeling regulations is crucial for manufacturers and distributors to avoid penalties, including fines and product seizure. The focus is on providing consumers with sufficient information to make informed purchasing decisions and to protect them from adulterated or misbranded food.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 13, Chapter 106 of the North Carolina General Statutes, outlines the requirements for the labeling of food products. Section 106-129 mandates that food labeling must not be false or misleading. It requires that the labeling contain information that is “in accordance with fair dealing and not misleading.” This includes the identity of the food, the net quantity of contents, and if necessary, the ingredients. The Act also grants the Secretary of the Department of Agriculture and Consumer Services the authority to promulgate regulations to carry out its provisions, including specific labeling requirements. For packaged foods, the net quantity of contents must be stated plainly and conspicuously in terms of weight, measure, or numerical count. Furthermore, the Act, drawing from federal precedent like the Federal Food, Drug, and Cosmetic Act, prohibits the adulteration and misbranding of food. Misbranding encompasses situations where the labeling is false or misleading in any particular. Therefore, a food product whose label fails to accurately declare the presence of a common allergen, such as peanuts, would be considered misbranded under North Carolina law, even if the ingredients listed are otherwise accurate, because the omission renders the label misleading regarding potential health risks to consumers with allergies.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the General Statutes, outlines the requirements for the adulteration of food. Section 106-129 defines adulterated food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance in a quantity that may render it injurious to health. This includes substances that are naturally present in the food but in amounts exceeding safe levels, or substances that are added during processing. The act also addresses contamination by filth, putrid, or decomposed substances, or if the food 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. Furthermore, it is adulterated if it consists in whole or in part of any diseased animal, or if any part of any animal that died otherwise than by slaughter. Another key provision is if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. The law also covers cases where the food has been intentionally subjected to radiation, unless such use is in conformity with a regulation or exemption in effect pursuant to the federal act. Finally, it is adulterated if it contains an approved food additive which is not used in accordance with a regulation or exemption in effect pursuant to the federal act. In the context of the question, a food product containing a pesticide residue at a level exceeding the tolerance established by the U.S. Food and Drug Administration (FDA) under federal law, which North Carolina law often aligns with, would be considered adulterated because the pesticide residue is a deleterious substance in a quantity that may render it injurious to health. The specific tolerance levels are critical in determining adulteration under these provisions.

North Carolina’s approach to regulating food additives, particularly those used in processed foods, centers on ensuring public safety while allowing for innovation in food production. The North Carolina Food, Drug, and Cosmetic Act, mirroring federal standards, requires that any substance intentionally added to food be deemed safe for consumption under the conditions of its intended use. This safety determination is often based on scientific evidence, including toxicological studies, and may involve a pre-market approval process for certain categories of additives. The Act defines “food additive” broadly, encompassing any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food. This definition includes substances used in the processing, packaging, or storage of food, provided they are not generally recognized as safe (GRAS) or approved as a prior sanction substance. The regulatory framework aims to prevent adulteration, which is defined to include the presence of any poisonous or deleterious substance that may render the food injurious to health. For a novel substance intended for use as a food additive in North Carolina, the manufacturer or processor bears the responsibility of demonstrating its safety. This often involves submitting data to the U.S. Food and Drug Administration (FDA) for review, as North Carolina largely defers to federal regulations on food additive approval. However, the state can enact its own regulations if specific public health concerns arise that are not adequately addressed by federal law. The critical aspect is the absence of a reasonable expectation of harm to consumers under normal dietary intake.

The North Carolina Food, Drug, and Cosmetic Act, specifically Chapter 106 of the General Statutes, outlines the responsibilities and authorities concerning the regulation of food and drugs within the state. When a food product is deemed adulterated or misbranded, the Act provides mechanisms for enforcement and remediation. Section 106-129 of the Act addresses the powers of the Department of Agriculture and Consumer Services (NCDA&CS) in such situations. If the NCDA&CS finds that a food is adulterated or misbranded, and if it has probable cause to believe that the product violates the Act, the department can issue a “stop sale, use, or removal” order. This order prohibits the sale, use, or removal of the specified food product from the market until the matter is resolved. Such an order is a critical enforcement tool designed to protect public health by preventing potentially harmful or deceptively labeled food from reaching consumers. The authority to issue this order is a key aspect of the state’s regulatory power under the Act, ensuring compliance with standards for food safety and accurate labeling.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 13 of Chapter 106 of the General Statutes, governs the adulteration and misbranding of food. A food is considered adulterated if it contains any poisonous or deleterious substance which may render it injurious to health. This includes substances like pesticides, heavy metals, or microbial contaminants that exceed permissible levels established by regulatory bodies. Furthermore, food can be adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health. The Act also addresses economic adulteration, where a food’s value or quality is lowered by the substitution of a cheaper ingredient or by the removal of a valuable constituent. For instance, diluting milk with water or substituting a less expensive oil for olive oil would constitute economic adulteration. The core principle is to ensure that food sold in North Carolina is safe for consumption and accurately represented to the consumer, protecting public health and promoting fair trade practices.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the North Carolina General Statutes, governs the adulteration and misbranding of food. Section 106-125 defines adulterated food, which includes any substance that may render it injurious to health. Section 106-129 addresses poisonous or deleterious substances. If a food product contains a poisonous or deleterious substance that may render it injurious to health, it is considered adulterated. This applies even if the substance is present in a small quantity, as the potential for harm is the determining factor. The North Carolina Department of Agriculture and Consumer Services is responsible for enforcing these provisions. The act aims to protect public health by ensuring that food sold within the state is safe for consumption and accurately represented. The presence of any substance that could potentially cause harm, regardless of the amount, makes the food adulterated under North Carolina law.

The North Carolina Food, Drug, and Cosmetic Act, specifically Chapter 106 of the General Statutes, governs the adulteration and misbranding of food. Section 106-129 defines adulterated food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. Furthermore, if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for consumption due to contamination, it is also deemed adulterated. In the scenario presented, the discovery of insect larvae within the packaged blueberries, even if not immediately causing illness, renders the food adulterated because it consists in part of a filthy substance, making it unfit for human consumption according to the Act’s provisions. The presence of larvae, regardless of quantity or immediate health impact, violates the standard of wholesomeness and cleanliness required for food sold in North Carolina. This aligns with the broader intent of food safety regulations to prevent the distribution of food that is contaminated or could pose a risk to public health. The Act aims to ensure that food is pure, wholesome, and produced under sanitary conditions.

The North Carolina Food, Drug, and Cosmetic Act, specifically referencing Article 10 of Chapter 106 of the North Carolina General Statutes, outlines the regulatory framework for food and drug safety within the state. When a food product is found to be adulterated, the Act provides a tiered approach to enforcement and corrective action. Adulteration, as defined by the Act, includes situations where a food contains poisonous or deleterious substances, has been prepared, packed, or held under unsanitary conditions, or contains an added poisonous or deleterious substance that may render it injurious to health. The Act empowers the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) to take action. Upon discovery of an adulterated food, the initial step typically involves issuing a written notice or warning to the responsible party, detailing the specific violation and requiring corrective action. This notice serves as a formal communication and an opportunity for the violator to rectify the situation. Subsequent actions, depending on the severity of the adulteration and the response to the initial notice, can escalate to seizure of the product, injunctions, or criminal prosecution. However, the immediate and primary enforcement action upon identifying adulteration, before considering more severe measures, is the issuance of a written warning and a demand for corrective measures. This aligns with the principle of due process and allowing businesses an opportunity to comply with the law.

The North Carolina Food, Drug, and Cosmetic Act, specifically referencing Article 13, defines adulterated food. A food is considered adulterated if it contains any poisonous or deleterious substance which may render it injurious to health. This includes, but is not limited to, any added poisonous or deleterious substance that is not an approved food additive or that exceeds the tolerance levels established for approved food additives. Furthermore, it is adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for consumption. The Act also addresses economic adulteration, such as if a food has been substituted wholly or in part for another food, or if damage or inferiority has been concealed. In the scenario presented, the batch of heirloom tomatoes is found to contain detectable levels of a pesticide residue that exceeds the maximum allowable limit established by the North Carolina Department of Agriculture and Consumer Services, which is based on federal guidelines for food safety. This presence of a harmful substance beyond the permitted threshold directly classifies the food as adulterated under the provisions of the Act, irrespective of whether the contamination was intentional or accidental, or if the quantity is minuscule. The focus is on the deviation from the established safety standard.

The North Carolina Food, Drug, and Cosmetic Act, Chapter 106 of the General Statutes, outlines specific requirements for the adulteration of food. Section 106-129 defines adulterated food. One key provision states that food is adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. Another critical aspect, addressed by Section 106-130(a)(5), is when food consists in whole or in part of any filthy, putrid, or decomposed substance or an animal that has died otherwise than by slaughter, or that if it is the product of a diseased animal or an animal that has died otherwise than by slaughter. The scenario describes a batch of apple cider that has been found to contain significant levels of naturally occurring mycotoxins, specifically patulin, which is a known toxic substance that can arise from moldy apples. While patulin is a naturally occurring substance, its presence above certain established safety limits, as would be presumed in a regulatory context, renders the food adulterated because it is a poisonous or deleterious substance that can be injurious to health. The North Carolina Department of Agriculture and Consumer Services would enforce these provisions to protect public health. The presence of such toxins, even if naturally occurring, is regulated under the adulteration provisions of the Act, making the product unsalable and subject to seizure or destruction. The focus is on the potential harm to consumers, which is the core principle behind food safety regulations.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 13, addresses the adulteration and misbranding of food. Under G.S. 106-125, a food is considered adulterated if it bears or contains any poisonous or deleterious substance in a quantity that may render it injurious to health. Furthermore, G.S. 106-126(a)(5) states that a food is adulterated if it contains any pesticide chemical, food additive, or heavy metal in excess of the tolerance prescribed by the North Carolina Department of Agriculture and Consumer Services or by federal law. The scenario describes a batch of peaches from a North Carolina farm found to contain a pesticide residue exceeding the federal tolerance level established for that specific pesticide. The federal tolerance level serves as the binding limit in North Carolina unless a more stringent state-specific tolerance is enacted. Since the peaches exceed this established federal tolerance, they are deemed adulterated under North Carolina law. The fact that the farmer followed recommendations from a university extension service does not negate the adulteration if the final product violates the established safety standards. The adulteration status is determined by the presence of the excessive residue, not by the intent or knowledge of the producer regarding the violation. Therefore, the peaches are adulterated due to exceeding the pesticide residue tolerance.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 10 of Chapter 106 of the General Statutes, governs the adulteration and misbranding of food. Section 106-129 defines adulterated food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. Furthermore, if a food consists in whole or in part of any filthy, putrid, or decomposed substance, or of any animal, insect, or insect part, it is also deemed adulterated. The Act also addresses economic adulteration, where a food may be adulterated 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. Additionally, if a valuable constituent has been wholly or partly removed or omitted, or if any substance has been substituted wholly or partly therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added to increase its bulk or weight, or that will enhance its strength or quality or reduce its efficacy or potency, or if it has been mixed ork with, or substituted wholly or partly, any other substance so as to reduce or injuriously affect its quality or strength, it is considered adulterated. The core principle is to protect public health and prevent deceptive practices in the food supply.

The North Carolina General Statutes Chapter 106, Article 12, known as the North Carolina Food, Drug, and Cosmetic Act, governs the adulteration and misbranding of food. Specifically, § 106-129 defines adulterated food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance in a quantity that may render it injurious to health. This includes substances that are naturally present in the food but at levels exceeding safe limits established by regulatory bodies, or substances that are introduced through contamination during production, processing, or storage. For instance, if a batch of apples processed in North Carolina is found to contain pesticide residues above the tolerance levels set by the U.S. Environmental Protection Agency, which are generally adopted or referenced by state regulations, that food would be deemed adulterated under this provision. The act aims to protect public health by ensuring that food products available for consumption are safe and free from harmful contaminants. The presence of harmful bacteria, heavy metals, or unauthorized chemical additives would also fall under this definition of adulteration.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the North Carolina General Statutes, governs the adulteration and misbranding of food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. This includes substances that are not generally recognized as safe (GRAS) for consumption or are present in amounts exceeding established tolerances. For instance, if a batch of apples intended for sale in North Carolina is found to contain pesticide residues at levels significantly above the maximum residue limits (MRLs) established by federal or state authorities, that batch would be deemed adulterated under the Act. The Act also defines adulteration to include cases where a food 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. This covers situations where, for example, a food processing facility in North Carolina fails to implement proper pest control measures, leading to insect infestation in a finished food product. The core principle is to ensure that food available to consumers in North Carolina is safe for consumption and has been manufactured under hygienic conditions, preventing contamination and the presence of harmful substances. The Act empowers the North Carolina Department of Agriculture and Consumer Services to take action against adulterated food, including seizure and destruction.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 13 of Chapter 106 of the General Statutes, governs the adulteration and misbranding of food. A food is considered adulterated if it contains any poisonous or deleterious substance that may render it injurious to health. This includes substances that are not naturally occurring or are present in excessive amounts. The Act also addresses contamination with filth or decomposed materials. Misbranding occurs when labeling is false or misleading, or if the food is offered for sale under the name of another food. The question asks about a scenario where a batch of “Carolina Sunrise” orange juice is found to contain detectable levels of a pesticide residue, exceeding the established tolerance limits set by the North Carolina Department of Agriculture and Consumer Services, and also has a label stating “100% Pure Orange Juice” when it actually contains added sugar and water. This dual violation triggers provisions for both adulteration due to the pesticide residue and misbranding due to the inaccurate labeling. The penalty for such violations under North Carolina law can include fines, seizure of the product, and potentially injunctions against further distribution. The specific penalty amount is not fixed but depends on factors like the severity of the violation, intent, and prior offenses, as outlined in G.S. 106-134.1. Therefore, the most appropriate action for the North Carolina Department of Agriculture and Consumer Services is to pursue both adulteration and misbranding charges, leading to potential penalties including fines and product seizure, as these are the direct legal consequences of the described violations under the Act.

North Carolina’s Food, Drug, and Cosmetic Act, Chapter 106 of the General Statutes, outlines the state’s regulatory framework for ensuring the safety and wholesomeness of food and drug products. A key aspect of this legislation pertains to the adulteration of food. Under G.S. 106-127, food is considered adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. Furthermore, G.S. 106-128 specifies that food is adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance, or of any animal that has died otherwise than by slaughter, or that has been produced, stored, or handled in conditions that could result in contamination. The scenario describes a batch of canned peaches where, during processing, a quantity of pesticide residue, exceeding the established federal tolerance levels for such contaminants, was inadvertently introduced into the brine solution. While the processing itself was otherwise compliant, the presence of this unauthorized and potentially harmful substance in the finished product renders the entire batch adulterated under North Carolina law. The focus is on the presence of the deleterious substance that could make the food injurious to health, irrespective of whether any consumer actually became ill. The fact that the pesticide residue exceeded federal tolerance levels is a strong indicator of potential harm and a violation of the adulteration provisions.

The North Carolina Food, Drug, and Cosmetic Act, Chapter 106 of the General Statutes, outlines the regulatory framework for food and drug safety within the state. Specifically, Article 12 of this chapter addresses adulterated and misbranded food. A food is considered adulterated if it contains any poisonous or deleterious substance which may render it injurious to health. This includes the presence of undeclared allergens, which are a significant public health concern and are subject to strict labeling requirements under both federal and state law. The Act also defines misbranding to include false or misleading labeling, which can encompass omissions of critical information such as ingredient lists or allergen warnings. When a food product is found to be adulterated or misbranded, the North Carolina Department of Agriculture and Consumer Services, through its Food and Drug Protection Division, has the authority to take enforcement actions. These actions can include embargoing the product, which is a seizure of the goods to prevent their distribution or sale, and initiating condemnation proceedings. Condemnation is a legal process where the court orders the destruction or other disposition of the adulterated or misbranded food. The core principle is to protect the public from unsafe or deceptively marketed food products. Therefore, a food product containing an undeclared allergen is both adulterated due to the potential health hazard and misbranded due to the incomplete labeling, leading to potential embargo and condemnation actions by the state.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the General Statutes, governs the adulteration and misbranding of food. Section 106-129 defines adulterated food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance in a quantity that may render it injurious to health. This includes naturally occurring toxins, pesticides, or contaminants introduced during processing or storage. Furthermore, if a food contains any added poisonous or deleterious substance for which no tolerance or exemption has been established by the North Carolina Department of Agriculture and Consumer Services or federal regulations, it is also deemed adulterated. The intent of the manufacturer or distributor is not a primary factor in determining adulteration; the presence of the harmful substance in a quantity that poses a health risk is sufficient. The act aims to protect public health by ensuring that food products available in North Carolina are safe for consumption. The scenario presented involves a commercially prepared apple cider that has been found to contain a level of a naturally occurring mycotoxin, patulin, that exceeds the established safety threshold for human consumption, as defined by regulatory standards. This presence of a deleterious substance at a level that can render the food injurious to health directly aligns with the definition of adulteration under North Carolina law.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the North Carolina General Statutes, governs the adulteration and misbranding of food. Section 106-124 defines adulterated food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance in a quantity that may render it injurious to health. It also includes cases where the food consists in whole or in part of any filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, or 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. Furthermore, if the food has been processed by irradiation and the process has not been sanctioned by the Secretary of Health and Human Services, it is also considered adulterated. In the scenario presented, the discovery of rodent droppings within a batch of flour intended for distribution in North Carolina, coupled with the fact that the flour was stored in a facility with visible signs of pest infestation and inadequate sanitation, directly aligns with the statutory definition of adulteration. The presence of rodent droppings constitutes a deleterious substance and evidence of insanitary conditions. Therefore, the flour is considered adulterated under North Carolina law, necessitating appropriate regulatory action.

The North Carolina Food, Drug, and Cosmetic Act, specifically referencing the provisions related to adulterated food, defines adulteration in several ways. One key aspect is the presence of poisonous or deleterious substances which may render the food injurious to health. This includes substances that are not naturally occurring or that are present in excessive quantities. Another significant category of adulteration involves contamination with filth, putrid, or decomposed substances, or being produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health. Furthermore, food is considered adulterated if it contains any poisonous or deleterious ingredient, or if any part of it has been produced, prepared, packed, or held under conditions where it may have become contaminated with filth or rendered injurious to health. The North Carolina General Statutes, Chapter 106, Article 12 (Food, Drug, and Cosmetic Act) and related administrative codes, outline these definitions. For instance, if a batch of packaged cookies intended for sale in North Carolina is found to contain fragments of plastic packaging material that have inadvertently mixed into the product during the manufacturing process, and these fragments are of a type and quantity that could potentially cause physical harm if ingested, the food would be deemed adulterated under the Act. This adulteration stems from the presence of a deleterious substance and potentially from being held under conditions that led to contamination, thereby rendering it injurious to health. The presence of foreign objects that pose a health risk is a direct violation of the adulteration clauses designed to protect public health.

The North Carolina Food, Drug, and Cosmetic Act, specifically under Article 12 of Chapter 106 of the General Statutes, addresses the adulteration and misbranding of food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. For instance, if a batch of “Carolina Gold” rice is found to contain trace amounts of a heavy metal exceeding the permissible tolerance levels established by federal or state regulations, it would be deemed adulterated. The Act also defines misbranding. A food is misbranded if its labeling is false or misleading in any particular. This includes instances where the labeling fails to state material facts required by the Act or the regulations promulgated under it. For example, if a product labeled as “100% Pure Apple Cider” from a North Carolina orchard is found to be a blend containing significant amounts of imported concentrate and artificial sweeteners without proper disclosure, it would be considered misbranded. The distinction lies in the nature of the defect: adulteration relates to the physical or chemical composition that poses a health risk or violates safety standards, while misbranding pertains to deceptive or incomplete information presented on the product’s packaging or labeling. The enforcement of these provisions allows for seizure of adulterated or misbranded articles, injunctions against violators, and criminal penalties. The regulatory framework aims to protect public health and ensure fair competition by mandating accurate representation and safety in the food supply chain within North Carolina.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the North Carolina General Statutes, outlines the responsibilities and powers concerning the adulteration and misbranding of food. Section 106-129 defines what constitutes adulterated food. A food is considered adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. This includes the presence of pesticide residues that exceed permissible limits established by federal or state authorities, even if the residue is a common agricultural practice. The Act also addresses economic adulteration, such as adding substances to increase bulk or weight, or to decrease quality or strength. However, the primary concern for public health, as addressed by the adulteration provisions, is the presence of harmful substances. In the scenario presented, the presence of a pesticide residue, even if common in agricultural practices, renders the apples adulterated if it exceeds the legally established safe tolerance levels, as per the Act’s intent to protect consumers from injurious substances. Therefore, the apples are considered adulterated under North Carolina law due to the presence of a potentially harmful substance.

The North Carolina Food, Drug, and Cosmetic Act, specifically under its provisions concerning adulterated food, defines adulteration in several ways. One key aspect is when a food product contains or is produced with any poisonous or deleterious substance that may render it injurious to health. Another is when a food 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. Furthermore, if a food product consists in whole or in part of any diseased or decomposed animal or vegetable substance, or if it has been infected, contaminated, or exposed to infection or contamination, it is considered adulterated. For a dairy product like artisanal cheese, contamination can arise from improper handling during the aging process, cross-contamination from other food items, or the presence of pathogenic microorganisms due to inadequate sanitation in the production facility. North Carolina law, mirroring federal standards, mandates that food must be safe for consumption. Therefore, a cheese found to contain harmful bacteria like Listeria monocytogenes, even if present in small, non-lethal quantities initially, would be deemed adulterated because the presence of such a pathogen, by its nature, can render the food injurious to health, irrespective of the immediate dose or the specific level of contamination at the moment of inspection, as it poses a potential risk.

The North Carolina Food, Drug, and Cosmetic Act, specifically Chapter 106, Article 12, addresses the adulteration and misbranding of food. Under G.S. 106-129, a food is deemed adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. Furthermore, G.S. 106-130 specifies additional conditions for adulteration, including if it consists in whole or in part of any filthy, putrid, or decomposed substance or of any animal that has died otherwise than by slaughter, or 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. The scenario describes a batch of apple cider processed and stored in a facility that was found to have rodent infestation and evidence of bird droppings in the production area. These conditions directly fall under the purview of insanitary conditions that could contaminate the food product. Therefore, the cider is considered adulterated under North Carolina law due to potential contamination with filth or substances injurious to health, irrespective of whether any actual harm has been scientifically confirmed in the consumed product. The focus of the law is on preventing such potential hazards through stringent sanitation standards in food processing.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 13 of Chapter 106 of the North Carolina General Statutes, outlines the requirements for labeling of food products. Section 106-127 addresses the labeling of food and mandates that labeling must not be false or misleading. It further specifies that if a food purports to be or is represented as a food for which a definition and standard of identity, or a standard of fill of container, has been promulgated under the provisions of the North Carolina Food, Drug, and Cosmetic Act, or under the Federal Food, Drug, and Cosmetic Act, it must comply with such standards. The act requires that the label bear the common name of the food, if one has been established and promulgated, and in the case of food for which a standard of identity has been established, the label shall bear the common name and also such information as is necessary to assure that it is the kind of food that it purports to be. Furthermore, Section 106-128 details the requirements for the principal display panel and the information that must be readily legible. The question hinges on the interpretation of “misleading” in the context of food labeling, particularly when a product might be perceived as a specialty item but is, in fact, a standard commodity with minor variations. The North Carolina General Statutes, mirroring federal regulations, aim to prevent consumer deception. Therefore, a label that suggests a unique origin or preparation method for a product that does not possess these characteristics would be considered misleading. The North Carolina Department of Agriculture and Consumer Services enforces these regulations.

The North Carolina Food, Drug, and Cosmetic Act, specifically Chapter 106 of the General Statutes, outlines stringent requirements for the adulteration and misbranding of food products. Section 106-129 addresses adulterated food, stating that a food is deemed adulterated if it contains any poisonous or deleterious substance which may render it injurious to health. Section 106-130 further specifies that food is also adulterated 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. In the scenario presented, the discovery of insect larvae within the packaged cereal, even if the larvae themselves are not inherently poisonous, signifies that the food was prepared, packed, or held under insanitary conditions. This contamination, regardless of the larvae’s toxicity, renders the cereal adulterated under the Act. The presence of insect infestation inherently implies a failure to meet the necessary sanitary standards for food production and packaging, thus making the product subject to regulatory action. The core principle being tested is the definition of adulteration beyond just toxic substances, encompassing unsanitary conditions that lead to contamination.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the General Statutes, governs the adulteration and misbranding of food. Section 106-129 defines adulterated food, stating that a food is adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health. It also includes provisions for foods containing poisonous or deleterious substances in quantities that may render it injurious to health, and for foods that consist in whole or in part of any filthy, putrid, or decomposed substance or that may be contaminated by the products of decomposition of animal or vegetable matter, or that may be produced, stored, conveyed, packed, or held in unsanitary circumstances that may render it injurious to health. Furthermore, it addresses foods that have been prepared, packed, or held in a place that has been held or occupied by or that is infested with any vermin. In the scenario presented, the discovery of rodent droppings within the processing area of “Carolina Crisps” and the subsequent failure to implement immediate and thorough sanitation protocols, as mandated by the Act’s intent to prevent contamination, directly aligns with the definition of adulteration due to unsanitary conditions and potential contamination by animal excreta. The Act’s stringent requirements aim to protect public health by ensuring food is free from such hazards. Therefore, the food product is considered adulterated under North Carolina law.

The North Carolina Food, Drug, and Cosmetic Act, specifically Article 12 of Chapter 106 of the General Statutes, outlines the requirements for the labeling of food products. Section 106-129 mandates that food labeling must not be false or misleading. It also requires that food be packaged and contained in a manner that is not false or misleading. Furthermore, it specifies that if a food is represented by a name that is recognized in the United States Pharmacopeia or the Homeopathic Pharmacopeia of the United States, and such food differs in strength, quality, or purity from the standard specified in those compendia, the label must bear a clear and conspicuous statement of the respects in which it so differs. This is a fundamental principle of consumer protection, ensuring that consumers are provided with accurate information to make informed purchasing decisions. The intent is to prevent deception and ensure that the product conforms to established standards when a recognized standard is invoked.