§ 15-17-2-64 — "Misbranded"

"Misbranded" means a food product that
meets any of the following descriptions:
(1) The product's labeling is false or misleading in any way.
(2) The product is offered for sale under the name of another
food.
(3) The product is an imitation of another food, unless the
product's label bears, in type of uniform size and prominence, the
word "imitation" and immediately afterward, the name of the food
imitated.
(4) The product's container is made, formed, or filled in a manner
that is misleading.
(5) Except as provided in IC 15-17-3-22(b), the product, if in
packaged form, does not bear a label containing the following:
(A) The name and place of business of the manufacturer,
packer, or distributor.
(B) Except as provided in IC 15-17-3-22(c), an accurate
statement of the quantity of the product in terms of weight,
measure, or numerical count.
(6) A word, statement, or other information required under this
chapter or the rules adopted under this chapter to appear on a
product's label or other labeling is not prominently placed on the
label with sufficient conspicuousness (as compared with other
words, statements, designs, or devices in the labeling) and in
terms making it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(7) The product purports to be or is represented as a food for
which a definition and standard of identity or composition has
been prescribed by the rules of the board unless:
(A) the product conforms to the definition and standard; and
(B) the product's label bears the name of the food specified in
the definition and standard and, as required by rules of the
board, the common names of optional ingredients other than
spices, flavoring, and coloring present in the food.
(8) The product purports to be or is represented as a food for
which a standard or standards of fill of container have been
prescribed by rules of the board and the product falls below the
applicable standard of fill of container unless the label bears, in
a manner and form that the rules specify, a statement that the
product falls below that standard.
(9) The product's label does not bear the following:
(A) The common or usual name of the food, if any.
(B) Except as provided in IC 15-17-3-22(d), if the product is
fabricated from at least two (2) ingredients, the common or
usual name of each ingredient. However, spices, flavorings, and
colorings may, when authorized by the state veterinarian, be
designated as spices, flavorings, and colorings without naming
each ingredient.
(10) The product purports to be or is represented for special
dietary uses, unless the product's label bears information
concerning the product's vitamin, mineral, and other dietary
properties that the board determines to be necessary to fully
inform purchasers of the product's value for the special dietary
uses as set forth in rules adopted by the board.
(11) Except as provided in IC 15-17-3-22(e), the product contains
artificial flavoring, artificial coloring, or a chemical preservative,
unless the product bears labeling stating that fact.
(12) The product fails to bear directly on the product and on the
product's containers information the board prescribes by rule,
including an official mark, to ensure that the product will not have
false or misleading labeling and that the public will be reasonably
informed about the product.
[Pre-2008 Recodification Citation: 15-2.1-2-29.7.]

Legislative History

As added by P.L.2-2008, SEC.8.