Wait a minute

Here’s the 1938 law.  Tell me what you think.

http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/pdf/USCODE-2010-title21-chap9-subchapIV-sec342.pdf

(d) Confectionery containing alcohol or nonnutritive substance

If it is confectionery, and—
(1) has partially or completely imbedded therein any nonnutritive object, except that this subparagraph 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;
(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, except that this clause shall not apply to confectionery which is introduced or delivered for introduction into, or received or held for sale in, interstate commerce if the sale of such confectionery is permitted under the laws of the State in which such confectionery is intended to be offered for sale; or
(3) bears or contains any nonnutritive substance, except that this subparagraph 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 chapter, except that the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph, issue regulations allowing or prohibiting the use of particular nonnutritive substances.”

 

 

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4 Comments

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4 responses to “Wait a minute

  1. Angel

    Sounds like we need to convince this Secretary person that it “…would not render the product injurious or hazardous to health”. Might be helpful to research how many children have suffered injuries by tripping with a sucker in their mouth. Especially since I’ve seen it printed with the example of a lollipop stick as an embedded item that would add value. And I think it would be interesting to do some sort of study where children are shown pictures of kinder eggs and asked to identify which parts are food.

    • Blog Operator

      Excellent ideas. I don’t remember if I have lollipops or Popsicles on our violators list. Ideas are forming!

  2. Olia

    This law was passed in response to people baking stones into pastries during the Depression in order to make them weigh more. This law has nothing to do with non-food items that are known to be encapsulated in food- think of those Easter cakes with the baby inside- they are a million times more dangerous but far from banned.

  3. planaria price

    Thanks so much……the sentence “object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health” seems so clear…..Kinder eggs are so clearly labelled that their function is to have a toy inside…..this whole USA villianization of the Kinder eggs is just so odd….. I’ve always wondered what is truly at the bottom of it. And Kinder eggs have radically changed their product with the toy now in a totally separate compartment almost impossible to open by any fingers, especially little ones. Thanks so much for doing this.

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