Public Law 89–477

That section 402(d)

Federal Food, Drug, and Cosmetic Act, amendment.

52 Stat. 1046.

21 USC 342.

of the Federal Food, Drug, and Cosmetic Act, as amended, is hereby amended to read as follows:

“(d)“(d)

If it is confectionery, and—

“(1)“(1)

has partially or completely imbedded therein any non-nutritive object: Provided, That this clause shall not apply in the case of any nonnutritive object if, in the judgment of the Secretary as provided by regulations, such object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health;

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“(2)“(2)

bears or contains any alcohol other than alcohol not in excess of one-half of 1 per centum by volume derived solely from the use of flavoring extracts; or

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“(3)“(3)

bears or contains any nonnutritive substance: Provided, That this clause shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this Act: And provided further, That the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this clause, issue regulations allowing or prohibiting the use of particular nonnutritive substances.”

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