within the meaning of section 721(a).
(d) 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 Act, 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.
(e) If it is oleomargarine or margarine or butter and any of the
raw material used therein consisted in whole or in part of any
filthy, putrid, or decomposed substance, or such oleomargarine or
margarine or butter is otherwise unfit for food.