Agriculture & Markets - Adulteration, Packing, and Branding of Food and Food Products - Misbranding of food


Published: 2014-09-22

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§ 201. Misbranding of food. Food shall be deemed to be misbranded: 1.
If its labeling is false or misleading in any particular.

2. If it is offered for sale under the name of another article.

3. If it is an imitation of another food, unless its label bears the
word "imitation" and immediately thereafter the name of the food
imitated in type of uniform size and equal prominence, followed by a
statement showing the constituents thereof.

4. If its container is so made, formed, colored or filled as to be
misleading.

5. If in package form, unless it bears a label containing the name and
place of business of the manufacturer, packer, or distributor.

6. If any word, statement or other information required by or under
authority of this article to appear on the label or labeling is not
prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs, or devices, in the labeling) and in
such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use.

7. If it purports to be or is represented as a food for which a
definition and standard of identity has been prescribed, unless (a) it
conforms to such definition and standard, and (b) its label bears the
name of the food specified in the definition and standard, and, in so
far as may be required, the common names of optional ingredients present
in such food.

8. If it purports to be or is represented as (a) a food for which a
standard of quality has been prescribed by this chapter or by
regulations as provided in section two hundred fourteen-b, and its
quality falls below such standard, unless its label bears, in such
manner and form as such regulations specify, a statement that it falls
below such standard; or (b) a food for which no definition and standard
of identity and/or standard of quality have been prescribed, and it
falls below the standard of purity, quality or strength which it
purports or is represented to possess.

9. If it is not subject to the provisions of subdivision seven of this
section, unless its label bears (a) the common or usual name of the
food, if any there be, and (b) in case it is fabricated from two or more
ingredients, the common or usual name of each such ingredient; except
that spices, flavorings, and colorings, other than those sold as such,
may be designated as spices, flavorings, and colorings, without naming
each; provided that, to the extent that compliance with the requirements
of clause (b) of this subdivision is impracticable, or results in
deception or unfair competition, in the judgment of the commissioner,
exemptions shall be established by regulations promulgated by the
commissioner.

10. If it purports to be or is represented for special dietary uses,
unless its label bears such information concerning its vitamin, mineral,
and other dietary properties as the commissioner determines to be and
prescribes as necessary in order to inform purchasers fully as to its
value for such uses.

11. If it bears or contains any artificial flavoring, artificial
coloring, or permitted chemical preservative, unless it bears labeling
stating that fact: provided, that to the extent that compliance with the
requirements of this subdivision is impracticable, exemptions shall be
established by regulations promulgated by the commissioner. The
provisions of this subdivision and subdivisions seven and nine with
respect to artificial coloring shall not apply in the case of butter,
cheese, or ice cream. The provisions of this subdivision with respect to
chemical preservatives shall not apply to a pesticide chemical when used
in or on a raw agricultural commodity which is the produce of the soil.

12. If it is a raw agricultural commodity which is the produce of the
soil, bearing or containing a pesticide chemical applied after harvest,
unless the shipping container of such commodity bears labeling which
declares the presence of such chemical in or on such commodity and the
common or usual name and the function of such chemical; provided,
however, that no such declaration shall be required while such
commodity, having been removed from the shipping container, is being
held or displayed for sale at retail out of such container in accordance
with the custom of the trade.

13. If it is a color additive unless its packing and labeling are in
conformity with such packing and labeling requirements, applicable to
such color additive, as may be contained in regulations promulgated by
the commissioner.

14. If it contains a milk protein concentrate, caseinate, or added
casein and is not subject to the provisions of subdivision seven of this
section, unless its label bears the name of such substance as an
ingredient.