Any frozen dessert or imitation frozen dessert referred to in this article is considered adulterated within the meaning of this article if it:
(a) Bears or contains any poisonous or deleterious substance or compound in a quantity which may render it injurious to health;
(b) Contains any coloring substance or flavoring matter that may be deleterious to health;
(c) Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by state or federal law or regulation or in excess of an established tolerance;
(d) Does not meet the quality standards set forth in this article;
(e) Is or has been manufactured under conditions not in conformity with the provisions of this article;
(f) Is or has been produced, processed, prepared or held under unsanitary conditions;
(g) Is or has been stored in a package composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
(h) Contains any substance added thereto or mixed or packed therewith so as to make it appear better or of greater value than it is; or
(i) Meets or has met other conditions of adulteration as established by rule.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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