The Commissioner of Food and Drugs responded on March 15, 1974, to a suggested plan involving the deliberate addition of fish which may contain excessive mercury residues to other fish which contain lower levels of mercury. The plan was expected to yield a product whose average mercury content fell below the FDA guideline. In that response the Commissioner expressed our policy regarding the deliberate mixing of adulterated food with good food.
In our opinion, the deliberate mixing of adulterated food with good food renders the finished product adulterated under the Federal Food, Drug, and Cosmetic Act, regardless of the final concentration of contaminant in the finished food. We, therefore, cannot agree to a plan which incorporates this concept.