(a) In addition to any other ground that may be applicable under § 21–207 or § 21–208 of this subtitle, a confectionary food product is adulterated if:
(1) It contains any nonnutritive object, except as permitted by the rules and regulations adopted under subsection (b)(1) of this section; or
(2) It contains any nonnutritive substance other than a safe substance:
(i) That is in or on the confectionery because of some practical functional purpose in the manufacture, packaging, or storing of the confectionery; and
(ii) The use of which does not promote deception of the consumer or otherwise result in any adulteration or misbranding in violation of this subtitle.
(b) (1) If, in the judgment of the Secretary, a nonnutritive object is of practical, functional value to a confectionary food product and its use is not injurious or hazardous to health, the Secretary may adopt a rule or regulation that permits an exception to subsection (a)(1) of this section, regarding nonnutritive objects.
(2) To avoid or resolve uncertainty, the Secretary may by rule or regulation:
(i) Interpret subsection (a)(2) of this section as that subsection applies to use of a particular nonnutritive substance; and
(ii) Allow or prohibit the use of the particular nonnutritive substance.
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