A food shall be deemed to be misbranded:
1.False or misleading label.
If its labeling is false or misleading in any particular;
2.Sale under another name.
If it is offered for sale under the name of another food or under a name not permitted by Title 12, section 6112, for products containing or consisting of surimi;
3.Imitation of another food.
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;
4.Misleading container.
If its container is so made, formed or filled as to be misleading;
5.Label for package form.
If in package form, unless it bears a label containing:
6.Statements on label placed conspicuously.
If any word, statement or other information, re
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A food shall be deemed to be misbranded:
1.
False or misleading label.
If its labeling is false or misleading in any particular;
2.
Sale under another name.
If it is offered for sale under the name of another food or under a name not permitted by Title 12, section 6112, for products containing or consisting of surimi;
3.
Imitation of another food.
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;
4.
Misleading container.
If its container is so made, formed or filled as to be misleading;
5.
Label for package form.
If in package form, unless it bears a label containing:
6.
Statements on label placed conspicuously.
If any word, statement or other information, required by or under authority of this subchapter 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.
Conformity with prescribed definition and standard.
If 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 2154, unless it conforms to such definition and standard, and, in so far as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food;
8.
Quality below standard.
If it purports to be or is represented as:
9.
Name of food and ingredients.
If it is not subject to subsection 7, unless it bears labeling clearly giving:
10.
Dietary properties.
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 of Agriculture, Conservation and Forestry determines to be, and by regulation prescribed as necessary in order to fully inform purchasers as to its value for such uses;
11.
Artificial flavoring and coloring.
If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating the fact. If the artificial flavoring and artificial coloring declaration does not refer to the entire contents of the package, the words "artificial flavoring" and "artificial coloring" must follow immediately each of the ingredients of the package containing one or more of these substances. The common or usual name of any chemical preservative must be immediately followed by the words "chemical preservation." To the extent that compliance with the requirements of this subsection is impracticable, exemptions must be established by rules adopted by the Commissioner of Agriculture, Conservation and Forestry. This subsection, and subsections 7 and 9, with respect to artificial coloring, do not apply in the case of butter, cheese or ice cream;
12.
Sulfite.
13.
Monosodium glutamate, MSG.
If a person sells, offers for sale or serves in any retail store, hotel, restaurant or other public eating place any food or food product, whether or not in package form, to which that person has added monosodium glutamate directly in crystal form, unless:
14.
Post-harvest treatments.
If it is fresh produce that is sold or offered for sale at a retail outlet, whether or not it is packaged or in a container, and has been treated with a post-harvest treatment, without meeting the requirements in paragraphs A to C.
15.
Hemp or cannabidiol derived from hemp.
If it contains hemp or cannabidiol derived from hemp unless:
16.
(REALLOCATED FROM T. 22, §2157, sub-§15) Mislabeling poultry and meat.
If it is poultry, a poultry product, meat or a meat product offered for sale, sold or distributed within the State and labeled or advertised as "Maine-raised" or by a similar designation unless the poultry or animal was raised in Maine. A determination that poultry, a poultry product, meat or a meat product is misbranded may be waived by the commissioner upon application if the commissioner finds a waiver warranted due to economic factors, including, but not limited to, the proximity of processing facilities to the in-state poultry producer or meat producer and the availability of poultry processing facilities or meat processing facilities in the State. For purposes of this subsection, "raised in Maine" means:
17.
Grass-fed claims.
If a person sells, offers for sale or distributes within the State or sells, offers for sale or serves in any retail food establishment or eating establishment as defined in section 2491, subsection 7 any meat or meat product as defined in section 2511 labeled or advertised as "grass‑fed" or by similar designation unless the ruminant animal was grass‑fed.