• the probable composition of or other relevant exposure from the article and of any substance formed in or on a food, drug, or cosmetic resulting from the use of the substance;
  • the probable consumption of the substance in the diet of humans and animals taking into account any chemically or pharmacologically related substance in the diet;
  • safety factors that, in the opinion of experts qualified by scientific training and experience to evaluate the safety of the substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data;
  • the availability of any needed practicable methods of analysis for determining the identity and quantity of:
  • the substance in or on an article;
  • any substance formed in or on the article because of the use of the substance; and
  • the pure substance and all intermediates and impurities; and
  • facts supporting a contention that the proposed use of the substance will serve a useful purpose.
  • The department may not establish rules related to food additives under this section for homemade food or a homemade food product sold pursuant to [sections 1 through 3]."
  • Section 8. Section 50-31-201, MCA, is amended to read:
  • "50-31-201. Department authorized to adopt food standards. (1) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall promulgate adopt regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, standard of quality, and/or fill of container.
  • In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.
  • The definitions and standards so promulgated shall conform so far as much as practicable to the definitions and standards promulgated under authority of the federal act, or the department may promulgate adopt by reference the definitions and standards promulgated under authority of the federal act.
  • The department may not adopt food standards or regulations under this section for homemade

Authorized Print Version – SB 199

ENROLLED BILL