§ 202. Unavoidable added poisonous or deleterious substances. 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 the
purpose of the application of subdivision two of section two hundred;
but when such substance is so required or cannot be so avoided, the
commissioner shall promulgate regulations limiting the quantity therein
or thereon to such extent as he finds necessary for protection of public
health, and any quantity exceeding the limits so fixed shall also be
deemed to be unsafe for the purposes of the application of subdivision
two of section two hundred. While such a regulation is in effect
limiting the quantity of any such substance in the case of any food,
such food shall not, by reason of bearing or containing any added amount
of such substance, be considered to be adulterated within the meaning of
subdivision one of section two hundred. In determining the quantity of
such added substance to be tolerated in or on different articles of food
the commissioner shall take into account the extent to which the use of
such substance is required or cannot be avoided in the production of
each such article, and the other ways in which the consumer may be
affected by the same or other poisonous or deleterious substances.