(1) A food is deemed to be
misbranded:
(a) If its labeling is false or misleading in any particular;
(b) If its labeling or packaging fails to conform to the requirements of
section 25-5-419;
(c) If it is offered for sale under the name of another food;
(d) If it is an imitation of another food, unless its label bears, in type of
uniform size and prominence, the word imitation and, immediately thereafter, the
name of the food imitated;
(e) If its container is so made, formed, or filled as to be misleading;
(f) If in package form, unless it bears a label containing:
(I) The name and place of business of the manufacturer, packer, or
distributor; and
(II) An accurate statement of the net quantity of the contents in terms of
weight, measure, or numerical count, which statement shall be separately and
accurately stated in a uniform location upon the principal display panel of the label;
but, as to such terms of quantity, reasonable variations shall be permitted, and
exemptions as to small packages shall be established by regulation prescribed by
the department;
(g) If any word, statement, or other information required by or under
authority of this part 4 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;
(h) If it purports to be or is represented as a food for which a definition and
standard of identity is prescribed by regulations as provided by section 25-5-409,
unless it conforms to such definition and standard and 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 (other than spices,
flavoring, and coloring) present in such food;
(i) If it purports to be or is represented as:
(I) A food for which a standard of quality has been prescribed by regulations
as provided by section 25-5-409 and its quality falls below such standard, unless
its label bears, in such manner and form as regulations specify, a statement that it
falls below such standard; or
(II) A food for which a standard of fill of container is prescribed by
regulations as provided by section 25-5-409 and it falls below the standard of fill of
container applicable thereto, unless its label bears, in such manner and form as
such regulations specify, a statement that it falls below such standard;
(j) If it is not subject to the provisions of paragraph (h) of this section, unless
it bears labeling clearly giving the common or usual name of the food, if any, and, if
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; but, to the extent that compliance with the requirements as to such multiple
names is impractical or results in deception or unfair competition, exemptions shall
be established by regulations promulgated by the department. The requirements of
this paragraph (j) shall not apply to food products which are packaged at the
direction of purchasers at retail at the time of sale whose ingredients are disclosed
to the purchasers by other means in accordance with regulations promulgated by
the department.
(k) 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 department determines to be and by regulations prescribes as
necessary in order to fully inform purchasers as to its value for such uses;
(l) If it bears or contains any artificial flavoring, artificial coloring, or
chemical preservative, unless it bears labeling stating that fact; but, to the extent
that compliance with the requirements of this paragraph (l) is impracticable,
exemptions shall be established by regulations promulgated by the department.
The provisions of this paragraph (l) and paragraphs (h) and (j) of this subsection (1)
with respect to artificial coloring do not apply to butter, cheese, or ice cream. The
provisions of this paragraph (l) with respect to chemical preservatives do not apply
to a pesticide chemical when used in or on a raw agricultural commodity which is
the produce of the soil.
(m) If it is a product intended as an ingredient of another food and, when
used according to the directions of the purveyor, will result in the final food product
being adulterated or misbranded;
(n) If it is meat imported from without the boundaries of the United States or
if it is a meat product containing such meat, unless it bears labeling stating the fact
that it is imported meat or that it contains imported meat. Any person who sells or
offers for sale in this state any meat imported from without the boundaries of the
United States, or any meat product containing such imported meat, without labeling
such meat or meat product stating that it is imported, or contains imported meat
commits a petty offense.
(o) 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; except 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;
(p) If it is a color additive, unless its packaging and labeling are in conformity
with such packaging and labeling requirements applicable to such color additive as
may be contained in regulations issued pursuant to the provisions of the federal act;
(q) If the food is cell-cultivated meat or contains cell-cultivated meat and is
misbranded as a meat product in violation of section 25-5-428; or
(r) If the food is cell-cultivated meat or contains cell-cultivated meat and is
not clearly labeled as cell-cultivated meat in violation of section 25-5-428.
(2) Foods which, in accordance with the practice of the trade, are to be
processed, labeled, or repacked in substantial quantities at establishments other
than those where originally processed or packed shall be exempt from any labeling
requirements under this section if such food is not adulterated or misbranded under
any provision of this part 4 upon removal from such processing, labeling, or
repacking establishment. Regulations adopted under authority of the federal act
(21 U.S.C. sec. 345) relating to such exemptions are automatically effective in this
state. The department may promulgate additional regulations or amendments to
existing regulations concerning such exemptions, but the department may not
promulgate any regulation which has the effect of allowing any food which is
subject to federal labeling requirements to be exempt from labeling requirements
under the law of this state.