Sec. 555.200 Adulterated Food Mixed with Good Food (CPG 7120.14)
BACKGROUND:
The Commissioner of Food and Drugs responded on March 15, 1974, to a suggested plan
involving the deliberate addition of fish which may contain excessive mercury residues to
other fish which contain lower levels of mercury. The plan was expected to yield a product
whose average mercury content fell below the FDA guideline. In that response the
Commissioner expressed our policy regarding the deliberate mixing of adulterated food with
good food.
POLICY:
In our opinion, the deliberate mixing of adulterated food with good food renders the
finished product adulterated under the Federal Food, Drug, and Cosmetic Act, regardless of
the final concentration of contaminant in the finished food. We, therefore, cannot agree
to a plan which incorporates this concept.
Issued: 10/1/80