As used in this part:

1. (1) “Adulterated” means a food is deemed to be adulterated if:

   1. (A)

      1. (i) It bears or contains any poisonous or deleterious substance which may render it injurious to health.
      2. (ii) However, if the substance is not an added substance, the food shall not be considered adulterated under this subdivision if the quantity of the substance in the food does not ordinarily render it injurious to health;
   2. (B) It bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Arkansas Code § 20-56-218;
   3. (C) It consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food;

   4. (D) It has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered:

      1. (i) Diseased;
      2. (ii) Unwholesome; or
      3. (iii) Injurious to health;
   5. (E) It is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal of other animals;
   6. (F) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
   7. (G) Any valuable constituent has been, in whole or in part, omitted or abstracted therefrom;
   8. (H) Any substance has been substituted wholly or in part therefor;
   9. (I) Damage or inferiority has been concealed in any manner;
   10. (J) Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, to reduce its quality or strength, or to make it appear better or of greater value than it is;

   11. (K)

       1. (i) It is confectionery and it bears or contains any alcohol or nonnutritive article or substance except:

          1. (a) (a) Harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (0.4%);
          2. (b) (b) Harmless natural wax not in excess of four-tenths of one percent (0.4%);
       2. (c) (c) Harmless natural gum; and
       3. (d) (d) Pectin.

       4. (ii) However, this subdivision (1)(K) shall not apply to any:

          1. (a) (a) Confectionary by reason of its containing less than one-half of one percent (0.5%) by volume of alcohol derived solely from the use of flavoring extracts; or
          2. (b) (b) Chewing gum by reason of its containing harmless nonnutritive masticatory substances;
   12. (L) It bears or contains a coal tar color other than one (1) from a batch which has been certified under authority of the Federal Food, Drug, and Cosmetic Act of 1938, 21 U.S.C. § 301 et seq.; or
   13. (M) It meets the definition as stated in the Federal Food, Drug, and Cosmetic Act of 1938, 21 U.S.C. § 301 et seq.;
2. (2) “Board” means the State Board of Health;
3. (3) “Department” means the Department of Health;
4. (4) "Direct retail sale" means the sale of food directly to the consumer;
5. (5) “Distributor” means any person offering for sale, exchange, or barter any food product destined for direct retail sale in Arkansas;

6. (6) "Food" means:

   1. (A) Articles used for food or drink for man or other animals;
   2. (B) Chewing gum; and
   3. (C) Articles used for components of any such article;

7. (7) "Person" includes:

   1. (A) An individual;
   2. (B) A partnership;
   3. (C) A corporation; or
   4. (D) An association; and
8. (8) "Retailer" means any person offering for sale food to individual consumers and representing the last sale prior to human consumption.