N.Y. Agriculture & Markets Law § 202: Unavoidable added poisonous or deleterious substances

§ 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.