§ 200. Adulteration of food. Food shall be deemed to be adulterated:
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
subdivision if the quantity of such substance in such food does not
ordinarily render it injurious to health.

2. If it bears or contains any added poisonous or added deleterious
substance other than one which is (a) a pesticide chemical in or on a
raw agricultural commodity, (b) a food additive, or (c) a color
additive, which is unsafe within the meaning of section two hundred two,
or if it is a raw agricultural commodity and it bears or contains a
pesticide chemical which is unsafe within the meaning of section four
hundred eight-a of the federal food, drug and cosmetic act, as amended,
or if it is, or it bears or contains, any food additive which is unsafe
within the meaning of section four hundred nine of such federal act, as
amended; provided, that where a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption granted
or a tolerance prescribed under section four hundred eight of such
federal act, and such raw agricultural commodity has been subjected to
processing such as canning, cooking, freezing, dehydrating or milling,
the residue of such pesticide chemical remaining in or on such processed
food shall not be deemed unsafe if such residue in or on the raw
agricultural commodity has been removed to the extent possible in good
manufacturing practice, and the concentration of such residue in the
processed food, when ready to eat, is not greater than the tolerance
prescribed for the raw agricultural commodity.

3. If it consists in whole or in part of a diseased, contaminated,
filthy, putrid or decomposed substance, or if it is otherwise unfit for
food.

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 diseased, unwholesome or injurious to
health.

5. If it is the product of a diseased animal or of an animal which has
died otherwise than by slaughter, or that has been fed upon the uncooked
offal from a slaughterhouse.

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.

6-a. If it has been intentionally subjected to radiation, unless the
use of the radiation was in conformity with a regulation or exemption in
effect pursuant to sections one hundred ninety-nine-a or one hundred
ninety-nine-b.

7. If any valuable constituent has been in whole or in part omitted or
abstracted therefrom.

8. If any substance has been substituted wholly or in part therefor.

9. If damage or inferiority has been concealed in any manner.

10. If any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight, or reduce its quality or
strength or make it appear better than it is or of greater value than
its true value.

10-a. If it is, or it bears or contains, a color additive which is
unsafe within the meaning of section seven hundred six-a of the federal
food, drug and cosmetic act, as amended.

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

12. If it is confectionery and it bears or contains any alcohol or
non-nutritive article or substance except harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of four-tenths of one
per centum, harmless natural gum, and pectin; provided that this
subdivision shall not apply to any confectionery by reason of its
containing up to one-half of one per centum by volume of alcohol derived
solely from the use of flavoring extracts, or to any chewing gum by
reason of its containing harmless non-nutritive masticatory substances;
and provided further that this subdivision shall not apply to any
confectionery bearing or containing more than one-half of one per centum
but not more than five per centum of alcohol by volume.

13. With respect to the manufacture or sale of confectionery bearing
or containing more than one-half of one per centum but not more than
five per centum of alcohol by volume, such confectionery must:

(a) not be sold to individuals under twenty-one years of age;

(b) bear a statement on the label that sale of the product to
individuals under twenty-one years of age is prohibited;

(c) bear a statement on the label that the product contains alcohol up
to five percent by volume;

(d) bear the following statement: "Notice: This product contains
alcohol used as a flavoring and, as with any product that contains
alcohol: (i) women should not consume alcohol during pregnancy because
of the risk of birth defects, and (ii) consumption of alcohol impairs
your ability to drive a car or operate machinery, and may cause health
problems; and

(e) be sold, either alone or in conjunction with other confectionery
containing no alcohol or less than one-half of one per centum by volume
of alcohol derived solely from the use of flavoring extracts, in
quantities of at least one-half pound or in a package or container
containing at least twenty-four pieces.

If the confectionery is sold in bulk to be packaged by the retailer at
the time of sale to a consumer, the statements required by paragraphs
(b) and (c) of this subdivision shall appear on the box, bag or other
container in which the confectionery is placed by the retailer and
furnished to the consumer and the statement required by paragraph (d) of
this subdivision shall appear either on the box, bag or other container
in which the confectionery is placed by the retailer and furnished to
the consumer or shall appear on a card enclosed within such box, bag or
other container. In addition, the manufacturer and/or distributor of
such confectionery in bulk shall provide written notice to the retailer
with each shipment (i) that the confectionery in the shipment may not be
sold to individuals under twenty-one years of age; and (ii) that the
packaging in which such confectionery is furnished to the consumer must
bear the statements required by paragraphs (b) and (c) of this
subdivision; and (iii) that the statement required by paragraph (d) of
this subdivision must appear on the packaging in which such
confectionery is furnished to the consumer or on a card enclosed within
such packaging; and (iv) that the confectionery must be sold in
quantities of at least one-half pound or twenty-four pieces.

14. If it is ice cream or other frozen desserts made with liquor,
wine, beer or cider bearing or containing more than five percent of
alcohol by volume.

15. With respect to the manufacture and sale of ice cream or other
frozen desserts made with liquor, wine, beer or cider bearing or
containing more than one-half of one percent, but not more than five
percent of alcohol by volume:

(a) No person shall sell at retail packages of ice cream or other
frozen desserts made with liquor, wine, beer or cider for consumption
off the premises where sold unless:

(i) each package is a sealed package, as received from the
manufacturer or distributor;

(ii) each sealed package, as received from the manufacturer or
distributor, in a format to be established or approved by the
commissioner, prominently bears the following statements, provided that
such statements may refer to either liquor, wine, beer or cider or a
combination thereof:

(A) The sale of this product to individuals under the age of
twenty-one years is prohibited.

(B) This product is made with (insert liquor, wine, beer and/or cider)
and contains alcohol up to five percent by volume.

(C) Notice. This product contains alcohol used as a flavoring and, as
with any product that contains alcohol:

(1) women should not consume alcohol during pregnancy because of the
risk of birth defects, and

(2) consumption of alcohol impairs your ability to drive a car or
operate machinery, and may cause health problems.

(iii) the following advisory, on a sign or poster not less than seven
inches by five inches, in a format to be established or approved by the
commissioner, is displayed prominently at each location where packages
of ice cream or other frozen desserts made with liquor, wine, beer or
cider are made available to the public provided that such sign or poster
may refer to either liquor, wine, beer or cider or a combination
thereof:
"THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM

OR OTHER FROZEN DESSERTS

The sale of (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR
OTHER FROZEN DESSERTS to individuals under the age of twenty-one years
is prohibited.

(INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN
DESSERTS contain alcohol up to five percent by volume.

NOTICE: (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS contain alcohol used as a flavoring and, as with any
product that contains alcohol:

(1) women should not consume alcohol during pregnancy because of the
risk of birth defects, and

(2) consumption of alcohol impairs your ability to drive a car or
operate machinery, and may cause health problems.

IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE,
FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING
TO PURCHASE (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER
FROZEN DESSERTS."

(b) No manufacturer and/or distributor of ice cream or other frozen
desserts made with liquor, wine, beer or cider shall sell such product:

(i) to a person intending to sell at retail individual servings of ice
cream or other frozen desserts made with liquor, wine, beer or cider,
unless, with each shipment, such manufacturer and/or distributor
provides:

(A) a written notice that individual servings of ice cream or other
frozen desserts made with liquor, wine, beer or cider may be sold at
retail only where the retailer complies with all of the requirements set
forth in paragraph (a) of this subdivision, and

(B) a written copy of such requirements; and

(ii) to a person intending to sell at retail packages of ice cream or
other frozen desserts made with liquor, wine, beer or cider for
consumption off the premises, unless, with each shipment, such
manufacturer and/or distributor provides:

(A) a written notice that packages of ice cream or other frozen
desserts made with liquor, wine, beer or cider may be sold at retail
only where the retailer complies with all of the requirements set forth
in paragraph (a) of this subdivision, and

(B) a written copy of such requirements.