(1) is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; or

(2) when added or applied to a food, drug, or cosmetic or to the human body is capable (alone or through reaction with other substances) of imparting color.

The term does not include any material that has been exempted under the Federal Act.

     (b) Subsection (a) does not apply to a pesticide chemical, soil or plant nutrient, or otherwise, affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting the produce’s color, either before or after harvest.

[Pre-1993 Recodification Citations: 16-1-28-3(x)(1),(x)(3); 16-6-5-3(hh) part.]

As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.58.