A food is misbranded if its labeling, packaging, name, or required disclosures are false, misleading, incomplete, or not presented as required.
36-906 - Food misbranding 36-906 . Food misbranding A food is misbranded if one or more of the following conditions exists: 1. Its labeling is false or misleading. 2. It is offered for sale under the name of another food with or without other descriptive words, or under any name which is likely to be misleading. 3. Its container is so made, formed or filled as to be misleading. 4. It is in package form unless it bears a label containing: (a) The name and place of business of the manufacturer, packer or distributor. (b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count, except that reasonable variations may be permitted and exemptions as to small packages may be established by regulations prescribed by the director. 5. Any word, statement or other information required by or under authority of this article to appear on the label does not appear in the labeling prominently and conspicuously as compared with other words, statements, designs or devices 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. 6. Any word, statement or other information required by or under authority of this article to appear on the label does not also appear on the outside container or wrapper, if any, of the retail package of the food, or is not easily legible through the outside container or wrapper. 7. It purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by section 36-903, 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, insofar as may be required by such regulations, the common names of optional ingredients present in such food, other than spices, flavoring and coloring. 8. It purports to be or is represented as: (a) A food for which a standard of quality has been prescribed by regulations as provided by section 36-903 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 a standard of fill of container has been prescribed by regulations as provided by section 36-903 and it falls below the applicable standard of fill, unless its label bears in such manner and form as such regulations specify a statement that it falls below such standard. 9. It is a food not subject to the provisions of paragraph 7 of this section, unless it bears labeling clearly stating: (a) The common or usual name of the food, if any, and (b) If made from two or more ingredients, the common or usual name of each 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 compliance with the requirements of subdivision (b) of this paragraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the director, and that the requirements of subdivision (b) of this paragraph shall not apply to food products which are packaged at the direction of purchasers at retail at the time of sale, the ingredients of which are disclosed to the purchasers by other means in accordance with regulations promulgated by the director. 10. 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 director prescribes by regulation as necessary to fully inform purchasers as to its value for such uses. 11. It bears or contains any artificial flavoring, artificial coloring or chemical preservative unless it bears labeling stating that fact, provided that to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the director. 12. It is intended as an ingredient of another food and when used according to directions will result in the final food product being adulterated or misbranded. 13. It is a color additive unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act. 14. It contains vegetable fat or oil unless its label prominently and conspicuously specifies such vegetable fat or oil by common name and the percentage such fat or oil constitutes of the whole food product. If a vegetable fat blend is used the label shall state the percentage the fat blend represents of the whole food product, followed by the words "vegetable fat consisting of a blend of" and a listing of each vegetable fat or oil by its common name.