Pub. L. 104-170, tit. IV, sec. 404
ADULTERATED FOOD.
SEC. 404. ADULTERATED FOOD. Section 402(a) (21 U.S.C. 342(a)) is amended by striking “(2)(A) if it bears” and all that follows through “(3) if it consists” and inserting the following: “(2)(A) if it bears or contains any added poisonous or added deleterious substance (other than a substance that is a pesticide chemical residue in or on a raw agricultural commodity or processed food, a food additive, a color additive, or a new animal drug) that is unsafe within the meaning of section 406; or (B) if it bears or contains a pesticide chemical residue that is unsafe within the meaning of section 408(a); or (C) if it is or if it bears or contains (i) any food additive that is unsafe within the meaning of section 409; or (ii) a new animal drug (or conversion product thereof) that is unsafe within the meaning of section 512; or (3) if it consists”.