Food - Tolerances for added poisonous ingredients
N.D. Cent. Code § 19-02.1-12
in effect19-02.1-12. Food - Tolerances for added poisonous ingredients
1. Any added poisonous or deleterious substance, any food additive, any pesticide
chemical in or on a raw agricultural commodity, or any color additive shall with respect
to any particular use or intended use be deemed unsafe for the purpose of application
of subsection 2 of section 19-02.1-09 with respect to any food, subsection 1 of section
19-02.1-13 with respect to any drug or device, or subsection 1 of section 19-02.1-17
with respect to any cosmetic, unless there is in effect a regulation pursuant to
subsection 2 limiting the quantity of such substance, and the use or intended use of
such substance conforms to the terms prescribed by such regulation. While such
regulation relating to such substance is in effect, a food, drug, or cosmetic may not, by
reason of bearing or containing such substance in accordance with the regulation, be
considered adulterated within the meaning of subsection 1 of section 19-02.1-09,
subsection 1 of section 19-02.1-13, or subsection 1 of section 19-02.1-17.
2. The department, whenever public health or other considerations in the state so
require, is authorized to adopt, amend, or repeal regulations whether or not in
accordance with regulations promulgated under the federal act prescribing therein
tolerances for any added poisonous or deleterious substances, for food additives, for
pesticide chemicals in or on raw agricultural commodities, or for color additives,
including zero tolerances, and exemptions from tolerances in the case of pesticide
chemicals in or on raw agricultural commodities, and prescribing the conditions under
which a food additive or a color additive may be safely used and exemptions when
such food additive or color additive is to be used solely for investigational or
experimental purposes, upon its own motion or upon the petition of any interested
party requesting that such a regulation be established, and it is incumbent upon such
petitioner to establish by data submitted to the department that a necessity exists for
such regulation, and that its effect will not be detrimental to the public health. If the
data furnished by the petitioner is not sufficient to allow the department to determine
whether such regulation should be promulgated, the department may require
additional data to be submitted and failure to comply with the request is sufficient
grounds to deny the request. In adopting, amending, or repealing regulations relating
to such substances, the department shall consider among other relevant factors the
following which the petitioner, if any, shall furnish:
a. The name and all pertinent information concerning such substance, including
where available, its chemical identity and composition, a statement of the
conditions of the proposed use, including directions, recommendations, and
suggestions and including specimens of proposed labeling, and all relevant data
bearing on the physical or other technical effect and the quantity required to
produce such effect;
b. The probable composition of any substance formed in or on a food, drug, or
cosmetic resulting from the use of such substance;
c. The probable consumption of such substance in the diet of man and animals
taking into account any chemically or pharmacologically related substance in
such diet;
d. Safety factors which, in the opinion of experts qualified by scientific training and
experience to evaluate the safety of such substances for the use or uses for
which they are proposed to be used, are generally recognized as appropriate for
the use of animal experimentation data;
e. The availability of any needed practicable methods of analysis for determining the
identity and quantity of such substance in or on an article, any substance formed
in or on such article because of the use of such substance, and the pure
substance and all intermediates and impurities; and
f. Facts supporting a contention that the proposed use of such substance will serve
a useful purpose.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c02-1.pdf#nameddest=19-02p1-12Fetched: 10/16/2026